2 We were engaged by the City to perform this agreed-upon procedures engagement and conducted our engagement in accordance with attestation standards established by the American Institute of Certified Public Accountants. We were not engaged to and did not conduct an examination or review engagement, the objective of which would be the expression of an opinion or conclusion, respectively, on the accompanying Appropriations Limit Schedule.
Accordingly, we do not express such an opinion or conclusion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements related to our agreed-upon procedures engagement.
This report is intended solely for the information and use of the City Council and the management of the City and is not intended to be and should not be used by anyone other than these specified parties. However, this report is a matter of public record and its distribution is not limited Santa Ana, California
May 2, 2023
City of Seal Beach
Appropriations Limit Schedule
For the Year Ended June 30, 2022
3 Amount Source
A. Appropriations Limit from FY 2020-2021 32,237,487 $ Prior year appropriation adopted by the City B. Adjustment Factors:
1. Growth in City Population 0.9891 California Department of Finance
2. Per Capita Cost of Living converted to a ratio 1.0573 California Department of Finance
3. Adjustment Factor 1.0458 (B1 * B2)
C. Annual Adjustment Increase 1,475,685 $ {(B3-1)} * A} D. Other Adjustments
1. Loss responsibility (-) N/A -
2. Transfer to private (-) N/A -
3. Transfer to fees (-) N/A -
3. Assumed responsibility (+) N/A -
E. Total Adjustments 33,713,172 $ (C+D)
F. Appropriations Limit FY 2021-2022 33,713,172 $ (A+E) See Accompanying Notes to Appropriations Limit Schedule.
City of Seal Beach
Notes to Appropriations Limit Schedule
For the Year Ended June 30, 2022
4 Note 1 – Purpose of Limited Procedures Review
Under Article XIIIB of the California Constitution (the Gann Spending Limitation Initiative), California governmental agencies are restricted as to the amount of annual appropriations from proceeds of taxes. Effective for years beginning on or after July 1, 1990, under Section 1.5 of Article XIIIB, the annual calculation of the appropriations limit is subject to agreed upon procedures in connection with the annual audit.
Note 2 – Method of Calculation
Under Section 10.5 of Article XIIIB, for fiscal years beginning on or after July 1990, the appropriations limit is required to be calculated based on the limit for the fiscal year 1986-87, adjusted for the inflation and population factors discussed in Notes 3 and 4 below.
Note 3 – Population Factors
A California governmental agency may use as its population factor either the annual percentage change of the jurisdiction’s own population or the annual percentage change in population of the county where the jurisdiction is located. The factor adopted by the City for the year ended June 30, 2022, represents the annual percentage change in population for the City.
Note 4 – Inflation factors
A California governmental agency may use as its inflation factor either the annual percentage change in the 4th quarter per capita personal income (which percentage is supplied by the California Department of Finance) or the percentage change in the local assessment roll from the preceding year due to the change of local nonresidential construction. The factor adopted by the City for the year ended June 30, 2022, represents the annual percentage change in per capital personal income.
Note 5 – Other Adjustments
A California government agency may be required to adjust its appropriations limit when certain events occur, such as the transfer of responsibility for municipal services to, or from, another government agency or private entity. The City had no such adjustments for the year ended June 30, 2022.
Agenda Item F
AGENDA STAFF REPORT
DATE: May 8, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson, Chief of Police
SUBJECT: Consideration of Ordinance 1704 to Add Chapter 7.65 to the Seal Beach Municipal Code to Regulate the Operation of E-Bikes and Other Regulated Mobility Devices on Public Areas
________________________________________________________________ SUMMARY OF REQUEST:
That City Council introduce Ordinance 1704 to add Chapter 7.65 to the Seal Beach Municipal Code, addressing the operation of regulated Mobility Devices, including e-bikes, waive full reading and read by title only. This will provide the City with an ordinance that addresses the safety issues with e-bike operations within the city limits.
BACKGROUND AND ANALYSIS:
Since the pandemic, e-bike sales have soared to record levels in the United States, a trend that is important for reducing carbon emissions generated by traditional gasoline-powered automobiles. However, the surge in popularity for e-bikes has also led to a rise in injuries, accidents, emergency room visits, and deaths among e-bike riders as well as riders of traditional bikes and pedestrians, as a growing body of research shows. There has not yet been a major change in statewide safety standards beyond age restrictions and helmet requirements, leaving local municipalities with limited options to protect the safety of their residents as it relates to e-bike operations.
California Vehicle Code Section 21206 provides express authority for a city to regulate the operation of bicycles on “pedestrian or bicycle facilities.” Additionally, Vehicle Code Section 21100(h) authorizes a city to adopt an ordinance regulating the “operation of bicycles… on public sidewalks.” Further, and more specifically, Vehicle Code Section 21207.5 permits a city to prohibit e-bikes on public trails and similar public property.
Based on this authority and other provisions of the Vehicle Code and the City’s police powers, the proposed ordinance will prohibit the operation of e-bikes and similar mobile devices in public areas where such prohibition is posted by signs.
The ordinance specifically prohibits the use of an e-bike or similar mobile device on a sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city. Finally, it requires basic safety measures such as operating an e-bike with due care, such as preventing a rider from carrying other passengers on the handlebars of their e-bike.
Ordinance 7.65 will aide in the regulations to help prevent e-bike accidents, injuries or even death. This Ordinance will help in the enforcement of the unsafe operation of e-bikes operators. Additionally, this Ordinance provides offenders with an opportunity to attend a Police Department Safety Course on e-bike in lieu of filing charges with the courts if a violation takes place.
According to the Consumer Product Safety Commission, 53 people have died because of e-bike accidents, and the cause of these reported accidents have been due to rider error. Children’s Hospital of Orange County (CHOC) stated most ebike users are children and might not have the skill or knowledge to maneuver them. CHOC noted they have treated over 80 pediatric injuries from e-bike riding in the past three years. They added the injuries generally involved kids about 14 to 16 years old, but some were younger. It should be noted that these are only reported cases to hospitals in their group, so it is likely a much higher number.
Other cities that have adopted e-bike provisions include the City of Irvine, Newport Beach, Redondo Beach, Manhattan Beach, Carlsbad, and San Clemente.
ENVIRONMENTAL IMPACT:
This item does not have an environmental impact.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
There is no fiscal impact, except potentially some limited costs associated with enforcement efforts.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That City Council adopt introduce Ordinance 1704 to add Chapter 7.65 to the Seal Beach Municipal Code, addressing the operation of regulated Mobility Devices, including e-bikes, waive full reading and read by title only.
SUBMITTED BY: NOTED AND APPROVED:
Michael
Henderson
Jill R. Ingram
Michael Henderson, Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Michael Ezroj, Operations Captain
ATTACHMENTS:
A. Ordinance 1704
ORDINANCE 1704
AN ORDINANCE OF THE CITY OF SEAL BEACH ADDING CHAPTER
7.65 (OPERATION OF REGULATED MOBILITY DEVICES) TO THE
SEAL BEACH MUNICIPAL CODE TO REGULATE THE USE OF
MOBILITY DEVICES IN THE CITY AND FINDING THE ORDINANCE TO
BE EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
NOW THEREFORE, the City Council of the City of Seal Beach does hereby ordain as follows:
Section 1. Chapter 7.65 (Operation of Regulated Mobility Devices) is hereby added to the Seal Beach Municipal Code to read as follows:
“Chapter 7.65 - Operation of Regulated Mobility Devices” Sections:
7.65.005 Definitions.
7.65.010 Operation of regulated mobility device.
7.65.015 Enforcement.
7.65.020 Exemptions.
7.65.005 Definitions.
“Bicycle” has the same meaning as in California Vehicle Code Section 231, as it may be amended from time to time.
“Electric bicycle” has the same meaning as in California Vehicle Code Section 312.5, as it may be amended from time to time.
“Electric personal assistive mobility device” has the same meaning as in California Vehicle Code Section 313, as it may be amended from time to time. “Electrically motorized boards” has the same meaning as in California Vehicle Code Section 313.5, as it may be amended from time to time.
“Low speed vehicle” has the same meaning as in California Vehicle Code Section 385.5, as it may be amended from time to time.
“Motorized scooter” has the same meaning as in California Vehicle Code Section 407.5, as it may be amended from time to time.
“Operator” means a person who owns, operates, and/or controls a regulated mobility device.
“Public area” means any outdoor area that is open to the members of the public for public use. A public area includes a public park, beach, or pier. “Regulated mobility device” means bicycles, electric bicycles, electric personal assistive mobility devices, electrically motorized boards, low-speed vehicles, motorized scooters, shared mobility devices, or other similar vehicles.
“Rider” means a traveler riding in or on a regulated mobility device who is not operating it.
“Shared mobility device” has the same meaning as in California Civil Code Section 2505, as it may be amended from time to time.
“Vehicle” has the same meaning as in California Vehicle Code Section 670, as it may be amended from time to time.
Section 7.65.010 Operation of Regulated Mobility Devices A. It is prohibited to operate or ride on a regulated mobility device in public areas where such prohibition is posted by signs or as otherwise set forth in this ordinance. A list of public locations where regulated mobility devices are prohibited shall be on file in the city clerk’s office. The list may be amended from time to time by resolution of the city council.
B. No person shall operate or ride a regulated mobility device upon any sidewalk, in any public drainage facility, culvert, ditch, channel, or any other public athletic/sports court, or gymnasium in the city.
C. Duty to operate with due care, reduce speed.
1. The operator of a regulated mobility device shall exercise all due care and shall reduce the speed of the device, obey all traffic control devices, and take all other action relating to operation of the device as necessary to safeguard the safety of the operator, passengers, and any persons or other vehicles or devices in the immediate area. It shall also be unlawful to transport any other person upon the bar, handle bars, floorboard or other area of regulated mobility device not designed for passenger riding or designed for a single person, or cling to or attach oneself or one’s regulated mobility device with an operator or rider on board to any moving vehicle or motorized or non-motorized wheeled device.
2. Persons operating or riding a regulated mobility device on a city or county trail must dismount the regulated mobility device where the trail width is less than 5 feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device.
Section 7.65.015 Enforcement. In lieu of a fine or administrative citation as authorized by this code, and in lieu of filing charges in any court having jurisdiction over a violation, the police chief or designee may allow a violator of this chapter to complete a police department provided safety course for regulated mobility devices.
Section 7.65.020 Exemptions.
A. Notwithstanding any other provision of this chapter, or any other section of this code, city and public agency personnel may operate regulated mobility devices or other vehicles at any place in the city in the performance of their official duties.
B. This chapter is not intended to apply to or otherwise restrict regulated mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and section
36.311 of Title 28 of the Code of Federal Regulations.
Section 2. Environmental Review. The adoption of this Ordinance is not a “project” under CEQA because it can be seen with certainty that the new regulation of mobility devices will lead to no direct or indirect physical change in the environment. The Operation of Regulated Mobility Devices Chapter regulates where certain mobility devices can be used on public property and in public areas and no development is contemplated. The Ordinance does not limit travel by regulated mobility device by safe means and therefore does not cause any additional vehicles travelled. The Ordinance, therefore, is exempt from the requirements of CEQA and the State CEQA Guidelines under Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. In addition, this Ordinance is exempt from CEQA pursuant to CEQA Guidelines Section 15301 because it addresses the travel of regulated mobility devices on existing facilities, such as sidewalks.
Section 3. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days following its adoption by the City Council.
Section 5. Certification. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance or a summary thereof to be published as required by law. The City Manager is directed to widely publicize the adoption of this Ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on May 8, 2023.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the ______ day of ______, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
APPROVED AS TO FORM
Nicholas Ghirelli, City Attorney
Seal Beach City Council
May 8, 2023
Seal Beach Municipal Code 7.65.005 - 7.65.020
● 7.65.010 - Operation of regulated mobility
devices
● 7.65.015 - Enforcement
● 7.65.020 - Exemptions
What is an “E-bike”?
● California Vehicle Code - §312.5(a)
○ an “electric bicycle” is a bicycle
equipped with fully operable pedals
and an electric motor of less than 750
watts.
Electric Bike Classifications
Three E’s of Traffic Safety
Questions?