Meeting Date: Aug. 30, 2022
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Geoff Patnoe, Assistant City Manager
[email protected] 442-339-2820
Subject: Ratification of a Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency
Districts: All
Recommended Action
Adopt a resolution:
• Ratifying the Aug. 23, 2022, Proclamation of Bicycle, E-Bicycle and Motorized Mobility Device Safety Local Emergency in the City of Carlsbad, California • Authorizing the Deputy City Manager of Administrative Services to appropriate $2 million from unspent funds from the fiscal year 2021-22 General Fund budget to support the city’s coordinated efforts to increase attention and resources on a range of solutions including infrastructure, safety, enforcement, and safe driving and riding education Executive Summary
Carlsbad’s City Manager/Director of Emergency Services proclaimed a state of local emergency1 on Aug. 23, 2022, in response to a more than 200% increase in collisions involving bikes and ebikes since 2019, including two fatalities since Aug. 7, 2022. The proclamation is intended to immediately increase attention and resources on a range of solutions including infrastructure, safety, enforcement and safe driving and riding education.
Upon proclaiming the local emergency, the City Manager authorized the redeployment of resources from the city’s police, fire, transportation and communication departments to develop a comprehensive plan to address the emergency and actions that can be implemented immediately. This report requests funding to support immediate actions.
Staff are requesting authorization and funding to overstaff sworn positions by the equivalent of four fulltime positions for the remaining months of the fiscal year to expand enforcement. In addition, staff are requesting funding for overtime for additional enforcement efforts and to 1 California Government Code Section 8630, and the City of Carlsbad’s Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.100(A)(1), empower the City Manager, as the City of Carlsbad’s Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council when there exists, or there is threatened to exist, conditions of extreme peril to safety of persons and property within the City of Carlsbad.
Aug. 30, 2022 Item #12 Page 1 of 13
CA Review CM/RK
provide officer training to those who will in turn facilitate education and outreach to the community.
Staff will present a proposed comprehensive plan to City Council for consideration on Sept. 27, 2022.
Discussion
Overview
The exponential increase in e-bikes and cycling in general, around Carlsbad has led to a corresponding increase in collisions, including two tragic deaths in the last month. E-bikes have been a main focus of community concerns, but not the only focus. The emergency proclamation includes bikes, e-bikes and other motorized mobility devices.
From circulation to mobility
Much of Carlsbad’s transportation system has developed within the last 40 years, concurrent with the city’s physical expansion. Transportation planning from the 1980s to 2015 was focused on improving car travel, with an emphasis on mitigating traffic congestion and delays. The city’s Growth Management Program established standards for roadway level of service, requiring developers to fund roadways expansions as needed to accommodate new residents.
The 1994 General Plan and the Growth Management Plan helped assure that infrastructure was provided in a systematic fashion as the city grew and developed. The transportation system envisioned in the 1994 General Plan has largely been realized, with the majority of the street infrastructure constructed to its ultimate configuration.
In 2015, the City Council approved an updated General Plan. The Mobility Element of the updated plan sets out a new policy vision for moving people around Carlsbad rather than just cars. This new vision reflects the city’s current stage of life as well as environmental and cultural trends.
For example, as the city looks increasingly to infill development rather than outward expansion, the primary transportation issues relate to protecting and enhancing the community’s quality of life, as reflected in the core values of the Carlsbad Community Vision. The community’s vision includes better pedestrian and bicycle connections between neighborhoods, destinations, and different parts of the community, and a balanced transportation system rather than a singular focus on automobile travel.
About e-bikes
E-bikes and other newer modes of travel can be a very positive addition to transportation choices available to the community. E-bikes make bike riding much more accessible, especially on Carlsbad’s hilly streets and for longer distances that may be otherwise too challenging for riders. They are environmentally friendly and support the city’s Climate Action Plan goals to reduce greenhouse gas emissions.
Because a driver’s license is not required to operate an e-bike in the state of California, and ebikes can travel up to 28 mph, many riders lack the knowledge and maturity needed to ride safely. The city has received many complaints related to reckless riding, and the city has worked with local schools to host educational workshops for students and parents, as well as other strategies to address this concern.
Aug. 30, 2022 Item #12 Page 2 of 13
City actions to date
The City of Carlsbad has initiated several programs and actions in recent years to address traffic safety concerns and overall mobility in our community.
Infrastructure improvements
In January 2021, the City Council approved the Sustainable Mobility Plan, an overarching strategy that includes expanding sidewalks and bike lanes while slowing down cars on streets throughout Carlsbad. The city’s traffic engineers have completed several of these projects and have more in the planning stages. In June 2022, the City Council directed staff to further expedite streets projects in the current fiscal year’s budget. However, with hundreds of miles of city roads, it will still take many years to complete the projects in the plan.
The city has also recently completed 10 residential traffic safety projects, which include working with specific neighborhoods to determine the best options to slow down traffic. Solutions often include installing speed “cushions,” new signs, traffic circles and curb extensions. City staff are planning 11 more neighborhood safety projects in the year ahead.
Public awareness and education
Beginning in 2021, the city launched an e-bike safety public awareness campaign with public service announcement videos, fliers and social media. Other efforts have included:
• Partnering with local schools to put on e-bike educational workshops for students and parents
• Partnering with mobility organizations to promote bike and e-bike safety workshops • Deploying electronic speed sign and electronic message boards from December 2021 to August 2022
o Speed signs installed at 23 locations throughout the city in response to traffic related complaints
o Message board used at five locations throughout the city in response to trafficrelated complaints Stricter laws
In April 2022, Carlsbad became the only city in the region to pass specific rules for e-bike riders and users of other motorized mobility devices (Exhibit 2). This provides Carlsbad police officers with more enforcement options, including a diversion program in which minors have the option to complete an e-bike safety course after their first offense.
Enforcement
The City of Carlsbad Police Department has increased enforcement to improve traffic safety, including e-bike safety. This includes:
• Conducting interagency enforcement surge on June 22, 2022, resulting in 240 citations including violations of e-bike rules
• Dedicating a school resource officer to e-bike safety in the Village for the summer 2022 school break
• Through a California Office of Traffic Safety grant:
o 2022 - Conducted five distracted driving details and seven bicycle safety details Aug. 30, 2022 Item #12 Page 3 of 13
o 2021 - Conducted two bicycle enforcement details and two pedestrian enforcement details
o 2020 - Conducted three bicycle safety operations, three distracted driver operations, as well as three operations that focused on both pedestrian and bicycle safety operations
About the emergency proclamation
The California Emergency Services Act allows cities to proclaim a local state of emergency when needed to protect public safety in extreme circumstances. Carlsbad’s emergency proclamation went into effect immediately and was placed on the Aug. 30, 2022, meeting agenda so the City Council could consider whether or not to ratify the proclamation. If ratified, the emergency proclamation will then need to be reviewed by the City Council no less frequently than every 60 days until the City Council ends it.
Since the Aug. 23, 2022, emergency proclamation, the City Manager directed several immediate actions:
Procurement and resourcing
• Redeployed resources from the city’s police, fire, transportation and communication departments to develop a comprehensive plan to address the emergency and actions that can be implemented immediately
• Identified initial funding needed to support the actions necessary to address the emergency
Public awareness, education and enforcement
• Identified high collision and high traffic areas and deployed speed feedback signs and electronic messaging boards to remind motorists of the importance of roadway safety • Deployed electronic messaging boards to remind motorists of the importance of roadway safety
• Sent information about emergency proclamation and traffic safety behaviors to 80,026 email addresses, with a 61% open rate
• Shared urgency of traffic safety issue and city’s emergency proclamation with local media, resulting in coverage from all local TV, radio and print outlets • Coordinated with school districts and private schools in Carlsbad to share traffic safety messages in coordination with back to school
• Shared traffic safety messages through the city’s social media channels • Began development of an enhanced public education campaign Infrastructure
• Expedited execution of contracts and agreements to secure additional speed feedback signs and electronic messaging boards
• Accelerated current capital improvement projects that include green bicycle lane treatments and initiated another project for additional green bicycle lane treatments in high-collision areas in the city
Fiscal Analysis
Staff are requesting City Council approval to appropriate up to $2 million from the city’s unspent fiscal year 2021-22 General Fund budget to be used to support the city’s coordinated Aug. 30, 2022 Item #12 Page 4 of 13
efforts to increase attention and resources on a short-term range of solutions including infrastructure, safety, enforcement and a focus on safe driving behavior education. The following are estimated costs that have been identified by staff:
Action Amount
Overstaff Police Dept. sworn positions by four additional full-time officers $535,000 Police Dept. overtime for training and enforcement $100,000 Procure additional speed feedback signs and electronic messaging boards $250,000 Activities such as infrastructure, enforcement and safe driving behavior education $1,115,000 Total $2,000,000
Next Steps
Staff will continue to expedite measures to address roadway safety. A report with additional activities for City Council’s consideration will be presented on Sept. 27, 2022.
Environmental Evaluation
The allocation of funding for anticipated actions intended to mitigate the emergency, which includes infrastructure and safety improvements, and education and enforcement efforts focusing on safe driving behavior are a Class 1 categorical exemption under CEQA Guidelines Section 15301 - Existing Facilities. Specifically, Section 15301(c) exempts existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety), and other alterations such as the addition of bicycle facilities, including but not limited to bicycle parking, bicycle-share facilities and bicycle lanes, transit improvements such as bus lanes, pedestrian crossings, street trees and other similar alterations that do not create additional automobile lanes.
The anticipated improvements to the city’s existing mobility network under this action will improve public safety and address the critical issues raised in the emergency declaration.
Actions are anticipated to involve negligible expansion of the current facilities and infrastructure beyond existing and will not result in additional automobile lanes. The actions are not expected to increase vehicular use of the roadway, will occur within the existing public right-of-way, and will not change the overall facility use of the mobility network. No exception to the exemption as sets forth in CEQA Guidelines Section 15300.2 applies.
For the reasons stated above, the action is categorically exempt from CEQA under CEQA Guidelines Section 15304(e), which applies to the minor temporary use of land having negligible or no permanent effects on the environment, and CEQA Guidelines Section 15304(h), which covers the creation of bicycle lanes on existing rights-of-way.
Public Notification
This item was noticed in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1. City Council resolution
2. Carlsbad Municipal Code Chapter 10.56 – Operation of Regulated Mobility Devices Aug. 30, 2022 Item #12 Page 5 of 13
Exhibit 1
RESOLUTION NO. .
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RATIFYING THE PROCLAMATION OF BICYCLE, E‐BICYCLE
AND MOTORIZED MOBILITY DEVICE SAFETY LOCAL EMERGENCY IN THE CITY OF CARLSBAD, CALIFORNIA DATED AUG. 23, 2022, BY THE DIRECTOR OF EMERGENCY SERVICES; AND, AUTHORIZING THE DEPUTY CITY MANAGER OF ADMINISTRATIVE SERVICES TO APPROPRIATE $2 MILLION FROM UNSPENT FUNDS FROM THE FISCAL YEAR 2021‐2022 GENERAL FUND BUDGET TO SUPPORT THE CITY’S COORDINATED EFFORTS TO
INCREASE ATTENTION AND RESOURCES ON A RANGE OF SOLUTIONS
INCLUDING INFRASTRUCTURE, SAFETY, ENFORCEMENT AND SAFE
DRIVING AND RIDING EDUCATION
WHEREAS, on Aug. 23, 2022, the Carlsbad City Manager/Director of Emergency Services proclaimed a state of local emergency in response to an alarming increase (233%) in collisionsinvolving bikes and e‐bikes since 2019; and
WHEREAS, the Director of Emergency Services found:
1. Conditions or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the increased prevalence of e‐bicycles (e‐ bikes), other similar electric or motorized mobility devices, and traditional bicycles on city streets, which has led to increased collisions resulting in injury or death.
2. In 2019 there were 30 collisions involving bicycles or e‐bikes reported in Carlsbad.
3. In 2020 there were 62 collisions involving bicycles or e‐bikes reported in Carlsbad.
4. In 2021 there were 100 collisions involving bicycles or e‐bikes reported in Carlsbad.
5. To date in 2022, 57 collisions involving bicycles or e‐bikes were reported in Carlsbad.
6. U.S. traffic fatalities began climbing in 2020 and the deadly trend is continuing.
7. According to estimates by the National Highway Traffic Safety Administration, U.S. roadway deaths rose 10.5% in 2021 and an additional 7% during the first three months in 2022, the highest number for the first quarter in two decades.
8. The increase in deaths is due to speeding, impaired or distracted driving and other reckless behavior.
9. E‐bikes are faster and heavier than traditional bicycles and e‐bike injuries are more likely to be more severe and require hospitalization than traditional bicycle injuries.
10. E‐bikes and similar electric or motorized mobility devices are increasingly used by school age children to go to and from school and for other activities on local streets.
11. Schools in the Carlsbad Unified School District opened on August 24, 2022, joining the other schools in Carlsbad and additional education facilities in the region that have already Aug. 30, 2022 Item #12 Page 6 of 13
opened or will be opening in the coming days, causing increased traffic on local streets and the potential for additional bicycle, e‐bike or other vehicular collisions.
12. To counter the increasing number of bicycle or e‐bike collisions, the Carlsbad Police Department increased enforcement and education efforts and, in April 2022, the city adopted an ordinance regulating mobility devices, including e‐bikes.
13. On June 22, 2022, the Carlsbad Police Department hosted an interagency traffic enforcement day in Carlsbad where 240 traffic citations were issued.
14. Despite these efforts, the city continues to experience e‐bike or bicycle collisions with vehicles, including two fatal collisions occurring within the past 17 days.
15. The city needs to continue these efforts and proactively seek out and implement additional measures to reduce the number of collisions involving bicycles or e‐bikes while also educating the residents of Carlsbad about the dangers of impaired or distracted driving on our local streets and roads.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. The Proclamation of Local Emergency issued by the Director of Emergency Services is ratified (Attachment A) and the City Council adopts the findings and determinations made by the Director of Emergency Services in Support of the Proclamation.
3. The Proclamation of Local Emergency is extended and shall expire on Oct. 22, 2022, at 5 p.m., unless otherwise lawfully extended, or terminated earlier by the City Council.
4. That the Director of Emergency Services, or a designee, is directed and authorized to address any and all impacts and conditions caused by the emergency and to obtain any and all aid and assistance from local, county, state, or federal agencies, including but not limited to aid and assistance pursuant to the California Disaster Assistance Act, California Government Code Section 8690 et. Seq.
5. That the City Manager and Purchasing Officer, as a result of this Resolution ratifying the Proclamation of Local Emergency, are authorized to make purchases of supplies, equipment, or contractual services in the open market at the lowest obtainable price as set forth in and in compliance with Carlsbad Municipal Code Sections 3.28.110 (A) and, where appropriate, 3.28.120.
6. That the Deputy City Manager of Administrative Services is authorized to encumber $2 million from the Fiscal Year 2021‐22 General Fund balance to support the City’s coordinated Aug. 30, 2022 Item #12 Page 7 of 13
efforts to increase attention and resources on a range of solutions including infrastructure, safety, enforcement and a focus on safe driving behavior education.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the __ day of ________, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
_____________________________________
MATT HALL, Mayor
______________________________________
FAVIOLA MEDINA, City Clerk Services Manager
(SEAL)
Aug. 30, 2022 Item #12 Page 8 of 13
PROCLAMATION OF BICYCLE, E-BICYCLE AND
MOTORIZED MOBILITY DEVICE SAFETY LOCAL EMERGENCY
IN THE CITY OF CARLSBAD, CALIFORNIA
WHEREAS, the California Emergency Services Act, including California Government Code Section 8630, and the City of Carlsbad’s Emergency Services Ordinance, including Carlsbad Municipal Code Section 6.04.100(A)(1), empower the City Manager, as the City of Carlsbad’s Director of Emergency Services, to proclaim the existence of a local emergency, subject to ratification by the City Council, when there exists, or there is threatened to exist, conditions of extreme peril to safety of persons and property within the City of Carlsbad.
WHEREAS, the Director of Emergency Services finds:
1. Conditions or threatened conditions of extreme peril to the safety of persons and property have arisen within the City of Carlsbad caused by the increased prevalence of e-bicycles (e-bikes), other similar electric or motorized mobility devices, and traditional bicycles on city streets, which has led to increased collisions resulting in injury or death.
2. In 2019 there were 30 collisions involving bicycles or e-bikes reported in Carlsbad.
3. In 2020 there were 62 collisions involving bicycles or e-bikes reported in Carlsbad.
4. In 2021 there were 100 collisions involving bicycles or e-bikes reported in Carlsbad.
5. To date in 2022, 57 collisions involving bicycles or e-bikes were reported in Carlsbad.
6. U.S. traffic fatalities began climbing in 2020 and the deadly trend is continuing.
7. According to estimates by the National Highway Traffic Safety Administration, U.S. roadway deaths rose 10.5% in 2021 and an additional 7% during the first three months in 2022, the highest number for the first quarter in two decades.
8. The increase in deaths is due to speeding, impaired or distracted driving and other reckless behavior.
9. E-bikes are faster and heavier than traditional bicycles and e-bike injuries are more likely to be more severe and require hospitalization than traditional bicycle injuries.
10. E-bikes and similar electric or motorized mobility devices are increasingly used by school age children to go to and from school and for other activities on local streets.
11. Schools in the Carlsbad Unified School District will be opening on August 24, 2022, joining the other schools in Carlsbad and additional education facilities Attachment A
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8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 1/3 Carlsbad, California Municipal Code
Title 10 VEHICLES AND TRAFFIC
Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES
10.56.010 Definitions.
10.56.020 Operation of regulated mobility devices.
10.56.030 Enforcement.
10.56.040 Exemptions.
10.56.050 Severability.
10.56.010 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, whether owned or operated by the city or a private party.
“Regulated mobility device” means a bicycle, electric bicycle, electric personal assistive mobility device, electrically motorized board, low-speed vehicle, motorized scooter, shared mobility device, and any other similar vehicle.
Exhibit 2
Aug. 30, 2022 Item #12 Page 11 of 13
8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 2/3 “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. (Ord. CS-419 § 2, 2022)
10.56.020 Operation of regulated mobility devices.
A. Prohibition of Regulated Mobility Devices Where Posted. 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 chapter. 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 Operating or Riding on Sidewalks and Public Facilities. 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 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 trail must dismount the regulated mobility device where the trail width is less than five feet and a pedestrian or equine is within a distance of 50 feet from the regulated mobility device. (Ord. CS-419 § 2, 2022; Ord. CS-139 § 1, 2011; Ord. NS-151 § 1; 1991; Ord. 3062 § 8)
10.56.030 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. (Ord. CS-419 § 2, 2022; Ord. 3064 § 3; Ord. 3062 § 11)
10.56.040 Exemptions.
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8/23/22, 1:55 PM Chapter 10.56 OPERATION OF REGULATED MOBILITY DEVICES https://library.qcode.us/lib/carlsbad_ca/pub/municipal_code/item/title_10-chapter_10_56?view=all 3/3 A. Public Agency Personnel. 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. Disability. 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.). (Ord. CS-419 § 2, 2022)
10.56.050 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not affect the validity of the remaining portions of this chapter or the application of the chapter to persons or circumstances not similarly situated. (Ord. CS-419 § 2, 2022) Contact:
City Clerk: 442-339-2808
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