ATTACHMENT 3
RESOLUTION NO. 24-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, APPROVING RESPONSE
TO FINDINGS AND RECOMMENDATIONS IN THE REPORT
OF THE ORANGE COUNTY GRAND JURY - “E-BIKES
FRIEND OR FOE”
WHEREAS, on June 13, 2024, the City of San Clemente was sent a copy of the 2023- 2024 Orange County Grand Jury report, “E-bikes Friend or Foe”; and WHEREAS, the focus of the report is the increasing use of electric bicycles (E-bikes) and the impacts on the public due to the higher risks of accidents and injuries when compared to the use of conventional bicycles and the challenges cities face in their regulation; and
WHEREAS, California Penal Code Section 933 requires the City to provide a response to each of the findings and recommendations in the report; and WHEREAS, California Penal Code Section 933.05 specifies the manner in which the responses and comments on the findings and recommendations are to be made; and WHEREAS, the City values the opportunity to respond to the report, share our perspective, and provide firsthand knowledge to each of the issues requested by the Grand Jury; and
WHEREAS, the responses must be submitted to the Presiding Judge of the Superior Court by September 19, 2024; and
WHEREAS, the City Council has reviewed the report.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby resolve as follows:
Section 1. That the above recitations are true and correct and incorporated herein.
Section 2. That the Mayor is authorized and directed to respond to the findings and recommendations noted in the report by submitting a letter to the Presiding Judge of the Superior Court by September 19, 2024 in substantially the same form as attached to this Resolution as Exhibit A, which is incorporated fully herein by this reference.
Section 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this day of , 2024.
Resolution No. 24-124 Page 2
ATTEST:
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-124 was adopted at a regular meeting of the City Council of the City of San Clemente held on the day
of , , by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this day of , .
CITY CLERK of the City of
San Clemente, California
Approved as to form:
Elizabeth A. Mitchell, City Attorney
Resolution No. 24-124
OFFICE OF THE MAYOR
AND CITY COUNCIL
Victor Cabral
Mayor
Mark Enmeier
Mayor Pro Tem
Chris Duncan
Rick Loeffler
Steve Knoblock
CITY MANAGER
Andy Hall
910 Calle Negocio
San Clemente, CA 92673
Phone: (949) 361-8200
CELEBRATING 90 YEARS OF INCORPORATION
August 20, 2024
The Honorable Michael J. Verrengia,
Presiding Judge of the Superior Court
Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
Subject: Report of the Orange County Grand Jury - “E-bikes Friend or Foe” Dear Presiding Judge Verrengia,
The City of San Clemente (City) appreciates the time and effort the Grand Jury spent on the development of their report, “E-bikes Friend or Foe”.
The City Council has reviewed the report and authorized the attached response to the findings and recommendations noted in the report. The City values the opportunity to respond to the report, share our perspective, and provide firsthand knowledge to each of the issues requested by the Grand Jury.
If the City of San Clemente can provide additional information or clarification of our response, please do not hesitate to contact City Manager Andy Hall at [email protected].
Sincerely,
Victor Cabral, Mayor
City of San Clemente
Enclosure: City of San Clemente’s Response to Findings and Recommendations
“The Spanish Village
by the Sea”
cc: City of San Clemente Council Members
Andy Hall, City Manager
EXHIBIT A
Resolution No. 24-124
City of San Clemente Responses to Finding & Recommendations: 2022-2023 Orange County Grand Jury report, “E-bikes Friend or Foe”:
Findings and Responses
F1 The majority of Orange County’s 34 cities do not have ordinances or policies in place, which makes it difficult to address the safe operation and regulation of E-bikes leading to confusion.
City’s Response:
Agree; however, the City of San Clemente has not conducted an independent survey to confirm this finding.
F2 Due to the increasing incidence of E-bike injuries and deaths, there is a need for consistent and accurate tracking by law enforcement and first responders, which does not exist now.
City’s Response:
Agree.
F3 Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders
City’s Response:
Agree; however, the City of San Clemente has not conducted an independent survey to confirm this finding.
Recommendations and Response
R1 Each Orange County city should have specific policies that define the rules of the road for use of E-bikes in their communities by December 1, 2024. (F1) City’s Response:
The Recommendation has been implemented in specific areas of the City, such as Beaches and Trails, and further implementation is contemplated through future amendments to the San Clemente Municipal Code to address areas in the City’s right-of-way by December 1, 2024.
R2 Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024. (F2)
City’s Response:
This Recommendation requires implementation by the City’s contracted public safety personnel, specifically the Orange County Sheriff’s Department and the Orange County Fire Authority because those agencies are responsible for traffic enforcement and medical responses withing the City of San Clemente, and subsequent reporting of such activities.
The City of San Clemente will support these agencies in implementing this recommendation to the extent possible by December 1, 2024.
Resolution No. 24-124
R3 Each Orange County city should research and develop outreach and education programs regarding the safe operation of E-bikes for their residents by December 1, 2024. (F3) City’s Response:
The Recommendation has been implemented. The City, along with the Orange County Sheriff’s Department staff conducts bicycle/E-bike training at various events throughout the year, including a Bicycle Rodeo and trainings at local schools.