CITY OF PACIFICA
540 Crespi Drive • Pacifica, California 94044-3422
www.cityofpacifica.org
MAYOR
Tygarjas Bigstyck
MAYOR PRO TEM
Sue Vaterlaus
COUNCIL
Sue Beckmeyer
Mary Bier
Christine Boles
Scenic Pacifica
Incorporated Nov. 22, 1957
September 25, 2023
Hon. Nancy L. Fineman
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: City of Pacifica response to the Grand Jury Report: "Bike Safety in San Mateo County: Making Bicycling Safer in the County"
Honorable Judge Fineman,
We appreciate the opportunity to respond to the Grand Jury report entitled "Bike Safety in San Mateo County: Making Bicycling Safer in the County". The City of Pacifica’s response to both the findings and recommendations are listed below.
RESPONSES TO CIVIL GRAND JURY FINDINGS:
F1. Bicycle policy and the approach to ensuring/improving bicycle safety is not consistent across San Mateo County due, at least in part, to:
a. Topography
b. Urban vs. suburban environments
c. Types of bicyclists (commuter, recreational)
d. Varying levels of enforcement of bicycle laws
e. Differing knowledge of bicycle laws and safe practices.
Response to F1: The City of Pacifica agrees with the finding.
F2. Bicycle ridership as an alternative means of transportation (e.g., commuting to work, school, or transit hubs, running errands) is not increasing due, at least in part, to perceived safety issues.
Response to F2: The City of Pacifica agrees with the finding.
F3. Bicycle accidents and incidents (such as near misses) are underreported, if reported at all.
Response to F3: The City of Pacifica agrees with the finding. [Recipient Name] 2
F4. Only bicycle accidents or incidents that trigger a 911 call are consistently logged in the State (SWITRS) database and law enforcement agencies do not log bicycle accident data consistently.
Response to F4: The City of Pacifica disagrees partially with the finding.
The City of Pacifica disagrees with the portion stating “law enforcement agencies do not log bicycle accident data consistently”. In this case, we can only speak for the City of Pacifica and not other law enforcement agencies. All vehicle collisions occurring in our jurisdiction that qualify for entry into SWITRS following investigation are entered accordingly regardless of how they are reported to the department (911, non-emergency lines, in-person, etc.).
F5. The amount of enforcement of laws, as they pertain to bicyclists and how motorists and bicyclists interact, is inconsistent due to other priorities (e.g., criminal enforcement and general automobile traffic) and the requirement that a citation can generally only be written if the violation is witnessed by an officer.
Response to F5: The City of Pacifica agrees with the finding.
F6. There is no official metric in San Mateo County and its cities to evaluate how safe it is to ride a bicycle.
Response to F6: The City of Pacifica agrees with the finding.
F7. Bicycle safety education, for the bicyclist, pedestrians and motorists, is not consistently offered across San Mateo County.
Response to F7: The City of Pacifica agrees with the finding.
F8. Communication between various entities with responsibility for bicycle safety, including Bicycle and Pedestrian Advisory Committees (BPACs), Law Enforcement, City Transportation Planning, and Public Works departments, is not formalized, resulting in inefficiencies, and missed opportunities (e.g., funding for improvements, shared bike safety education, or improving signage).
Response to F8: The City of Pacifica agrees with the finding.
F9. City Bicycle and Pedestrian Master Plans or Active Transportation Plans, have not been adopted/created by all SMC cities.
Response to F9: The City of Pacifica agrees with the finding.
RESPONSES TO RECOMMENDATIONS:
R1. By December 2023, all law enforcement agencies and the County Sheriff should submit bicycle related data to SWITRS monthly, and regularly post and update their websites with all reported bicycle accident data.
[Recipient Name] 3
Response to R1: The recommendation has been implemented.
The Pacifica Police Department (PPD) already reports appropriate bicycle-related collision data via SWITRS (California Statewide Integrated Traffic Records System) as each report is completed and ready for transmission. The SWITRS database is maintained by the California Highway Patrol (CHP). The California Public Records Act (CPRA) (Gov. Code, § 6250 et seq.) allows public access to SWITRS data. Additionally, UC Berkeley provides a Transportation Injury Mapping System tool for accessing and mapping bicycle collision data from SWITRS.
This tool can be accessed at https://tims.berkeley.edu/help/Query_and_Map.php. The Pacifica Police Department will provide this link to the community on their website.
R2. By December 2023, all law enforcement agencies should begin sending warning letters to motorists for violations of the 3 ft. law.
Response to R2: The recommendation will not be implemented because it is not warranted or reasonable.
Allowing civilians to routinely report traffic infractions not witnessed by sworn peace officers, resulting in action by the Pacifica Police Department is not a current practice. To implement such a practice only for violations of the 3 ft. law would raise the question; “Why doesn’t the police department have this same approach for any and all infraction violations?” Such a change in practice would require substantial evaluation prior to implementation. There are potentially concerns involving legality, liability, rules of evidence, resource limitations, and potential abuses that need to be considered prior to implementing this change. If civilians were able to submit complaints about traffic infractions (ie. speeding, cellphone use, stops signs, red lights, etc.) thus creating the expectation that the police department author and mail out warnings in all cases, would create a demand on limited resources and could result in substantial abuses. In cases where sufficient evidence is provided that a safety violation occurred, and the investigating officer believes that sending a warning notice is appropriate, the Pacifica Police Department will do so.
R3. By June 3, 2024, all law enforcement agencies should provide a means for citizens to report bicycle-related incidents that are not currently reported to law enforcement, similar to the SMC Sheriff’s Department Online Crime Reporting portal.
Response R3: The recommendation has been implemented.
The Pacifica Police Department provides several means for community members to report any type of activity to the police department, including bicycle-related incidents (in-person, by telephone, via department general email, and via the Internet online crime and collision reporting). Whether or not members of the public report incidents that “are not currently reported to law enforcement” is outside of our control.
R4. By June 3, 2024 each city, town, and unincorporated SMC should offer a bike safety education program for riders and motorists about the laws and safety facts related to bicycles on the road.
Response to R4: The recommendation will be implemented by June 3, 2024 [Recipient Name] 4
The Pacifica Police Department will implement additional opportunities to educate both riders and motorists about bicycle laws and safety by June 3, 2024. This may include the following; a. Youth education programs in collaboration with the Pacifica School District, Jefferson Union High School District, PB&R, Pacifica Bike Coalition, etc. b. Rider education programs in collaboration with local businesses (ie. bike shops) c. Motorist and rider education through targeted social media messaging d. Motorist and rider education though literature and print messaging e. Directed enforcement with a focus on applicable bicycle safety laws R5. By June 3, 2024, each city, town, and unincorporated SMC should update or generate a new Bicycle and Pedestrian Master Plan (or Active Transportation Plan) if their current plan is older than five years; consistent with the 2021 C/CAG San Mateo County Comprehensive Bicycle and Pedestrian Plan.
Response to R5: This has been implemented.
The City of Pacifica of Bicycle and Pedestrian Master Plan has been in place since February of 2020
R6. By June 3, 2024, each city, town, and the county should apply (or reapply) online to generate the Bicycle Friendly Community Report Card.
Response to R6: The recommendation will be implemented by June 3, 2024 The City of Pacifica is contacting neighboring cities, and the county, to research and begin the process of applying for a Bicycle Friendly Community Report Card.
R7. By February 1, 2024, the County should meet with cities within the County that are willing to participate, to consider establishing a regional effort that integrates the cities’ bicycle plans and to discuss how the cities and County could work together to apply for grant opportunities as a region.
Response to F7: The recommendation has been implemented.
The City of Pacifica works with San Mateo County on grant application opportunities for many programs and initiatives, including bicycle and pedestrian safety.
Respectfully,
Kevin Woodhouse
City Manager City of Pacifica
Cc: Pacifica City Council