910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
AGENDA REPORT
CITY OF SAN CLEMENTE
CITY COUNCIL MEETING
CITY OF SAN CLEMENTE
Meeting Date: May 7, 2024 Agenda Item: 9B
Submitted By: Community Development
Prepared By: Danielle Sorahan, Code Compliance Manager
Subject:
..titl e
CONSIDERATION OF A RESOLUTION TO ADOPT A RECOMMENDATION OF THE PUBLIC
SAFETY COMMITTEE AND INITIATE AN ORDINANCE TO AMEND THE SAN CLEMENTE
MUNICIPAL CODE TO INCLUDE ADDITIONAL REGULATIONS ON THE USE AND
ENFORCEMENT OF
..body ELECTRIC BICYCLES
Fiscal Impact:
There are fiscal impacts resulting from the cost for staff to draft an ordinance based on the Public Safety Committee’s proposed regulations. Drafting an ordinance will involve costs for staff time and legal counsel review, and such costs are estimated to be less than $15,000.
Summary:
The Public Safety Committee recommends that the City Council initiate a code amendment to develop a comprehensive ordinance to regulate the operation of electrical bicycles (e-bikes) throughout the City. This action would apply such regulations in addition to the regulations on ebikes currently contained in the San Clemente Municipal Code (SCMC), which are tailored to address the operation of e-bikes at City-beach areas and facilities. This recommendation aims to enhance public safety by regulating the use of e-bikes, in accordance with state regulations, and addressing specific community concerns in San Clemente.
Background:
San Clemente’s existing regulations, outlined in SCMC 12.32.130, govern the use of bicycles and electric bicycles, particularly focusing on areas such as the Pier, Beach Access Road, Beach, and Beach Trail. The code defines bicycles and e-bikes, including Class 1, 2, and 3 e-bikes, and sets forth areas where these can be used or are restricted. For instance, riding of bicycles is allowed on the Beach Trail but restricted on the beach itself and certain parts of the trail during peak times. E-bikes and other motorized devices are prohibited from operating on the beach and trail, ensuring safe and regulated use in these public spaces. Given the increasing popularity and evolving use patterns of e-bikes, there is a need to update these regulations to better address safety and integration into San Clemente's active community spaces.
Discussion:
The Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of their E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan. The Committee’s investigation and consideration of potential regulations, including the review of regulations adopted by other cities such as Carlsbad, Irvine, Huntington Beach and Laguna Niguel, occurred over many months and resulted in a proposal 1 ATTACHMENT 2
Meeting Date: May 7, 2024 Agenda Item: 9B
CITY OF SAN CLEMENTE
approved by the Committee at their meeting of March 26, 2024. The proposal is focused on the following key safety measures:
Operator Age and Licensing: Prohibit e-bike operations during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory.
Passenger Restrictions: Require operators to be at least 18 years old, or hold a valid stateissued driver’s license, to carry passengers on e-bikes. Prohibited Actions: Prohibit the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies (Stoppies), as well as prohibit texting while operating e-bikes.
Trail and Beach Trail Restrictions: Prohibit Class 3 e-bikes upon all public off-road trails within the City of San Clemente.
Completion of Safety Course Post-Violation: Allow any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike to be deemed adjudicated upon the successful completion of a City-approved E-Bike Safety Course.
Proof of completion recommended to be provided to the court within 90 days of conviction. Rental Business Regulations: Require all businesses within the City that provide e-bike rental services to provide renters with a copy of applicable e-bike regulations contained in the SCMC.
Concerns about potential safety hazards and the overlap with existing regulations in the California Vehicle Code were considered, indicating a need for careful assessment of the cause and effect of new regulations. At the March 26, 2024 Public Safety Committee meeting, the Committee’s representative from the Orange County Sheriff’s Department, Captain Christian, discussed his department’s concerns with establishing new regulations that could have the potential to unintentionally create new traffic hazards. After deliberation of available options and potential concerns, the Committee recommends that the City Council initiate an amendment to integrate the proposed new rules effectively with existing laws, and enhance public safety as it relates to ebikes and traffic.
Council Options:
Adopt Resolution No. 24-68 to initiate an amendment to the San Clemente Municipal Code to further regulate e-bikes throughout the City.
Modify and then adopt Resolution No. 24-68.
Continue the item with the direction to staff to provide additional information. Do not approve Resolution No. 24-68. This action will result in no new ordinance being drafted to further regulate e-bikes, thereby leaving existing SCMC provisions in place unamended. 2 Meeting Date: May 7, 2024 Agenda Item: 9B
CITY OF SAN CLEMENTE
Environmental Review/Analysis:
The initiation of an amendment of an ordinance to regulate e-bikes does not qualify as a "project" under the California Environmental Quality Act (CEQA) because it only involves the work of staff to draft such an ordinance for future City Council consideration and has no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment (State CEQA Guidelines, § 15378, subd. (a)). The action merely provides approval to allocate staff time to draft a potential ordinance for new regulations concerning the use of electric bicycles, and does introduce any new activities or changes that could affect the environment. The proposed ordinance itself after being drafted would go through the appropriate environmental review.
Recommended Actions:
THE PUBLIC SAFETY COMMITTEE RECOMMENDS that the City Council adopt Resolution No. 24-68 to initiate an ordinance to amend the San Clemente Municipal Code to include additional regulations on the use and enforcement of electric bicycles...recommendation ..end
Attachments:
1. Proposed Resolution No. 24-68
2. E-Bike Ordinance Draft Suggestions Document, considered by the Public Safety Committee on March 26, 2024
3. Minutes from the Public Safety Committee Meeting, dated March 26, 2024 Notification:
None.
3 Exhibits:
A
B
C
ATTACHMENT 1
RESOLUTION NO. 24-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN CLEMENTE, CALIFORNIA, ADOPTING THE PUBLIC
SAFETY COMMITTEE’S RECOMMENDATION TO INITIATE
AN ORDINANCE TO AMEND THE SAN CLEMENTE
MUNICIPAL CODE TO INCLUDE ADDITIONAL
REGULATIONS ON THE USE AND ENFORCEMENT OF
ELECTRIC BICYCLES
WHEREAS, the increasing popularity of electric bicycles (e-bikes) presents new challenges for public safety and integration into community spaces; and WHEREAS, existing municipal code provisions under San Clemente Municipal Code (SCMC) 12.32.130 regulate the use of bicycles and electric bicycles, emphasizing safe and regulated use in public areas such as the Municipal Pier, Beach Access Road, Beach, and Beach Trail, and defines bicycles and e-bikes, including Class 1, 2, and 3 ebikes, and sets forth areas where these can be used or are restricted; and WHEREAS, the Public Safety Committee has considered the necessary components of an e-bike safety ordinance as part of the Committee’s E-bicycle/Traffic Safety Project contained in the Committee’s Fiscal Year 2023-2024 Work Plan; and WHEREAS, the Public Safety Committee has determined that additional regulations are needed to adequately address the safety concerns and usage impacts of e-bikes, particularly in high-traffic and shared community spaces. The Committee reviewed and deliberated on the necessary contents of additional regulations at their meeting of March 26, 2024, and recommended the City Council initiate an ordinance to amend the SCMC to enhance safety measures for both pedestrians and e-bike riders.
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 City Council hereby directs staff to initiate an ordinance to amend the SCMC to include additional regulations on the use and enforcement of electric bicycles.
The proposed amendment shall include, but not be limited to, establishment of several key safety measures, such as: (1) requiring that e-bikes shall not be operated during hours of darkness unless the operator is at least 18 years old or holds a valid driver’s license issued by any US State or Territory; (2) mandating that operators must be at least 18 years old or hold a valid state-issued driver’s license to carry passengers on e-bikes; (3) prohibiting the operation of e-bikes on highways, roadways, or sidewalks while performing stunts such as wheelies or endo-wheelies, as well as prohibiting texting while operating e-bikes; (4) restricting Class 3 e-bikes from all off-road trails; (5) requiring any e-bike rental business in the City to provide renters with a copy of the SCMC regulations applicable to e-bikes; and (6) stipulating that any conviction of a violation of the SCMC or the California Vehicle Code related to the operation of an e-bike will not be deemed adjudicated until the violator 4 EXHIBIT A
Resolution No. 24-68 Page 2
completes a City of San Clemente-approved E-Bike Safety Course, with proof of completion provided to the court within 90 days of conviction.
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.
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. 24-68 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
5 Sugges�ons for City of San Clemente E-Bike Ordinance
Defini�ons:
Electric Bicycle – An electric bicycle (E-Bike), as defined by California Vehicle Code Section 312.5, is a bicycle equipped with fully operable pedals and an electric motor of less than 750 watts. Three classes of electric bicycles have been established:
• Class 1: A low speed pedal-assisted electric bicycle equipped with a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 20 mph is reached.
• Class 2: A low speed throttle-assisted electric bicycle equipped with a motor used exclusively to propel the bicycle and NOT capable of providing assistance when a speed of 20 mph is reached.
• Class 3: A low speed pedal-assisted electric bicycle equipped with a speedometer, and a motor which provides assistance only when the rider is pedaling and ceases to provide assistance when a speed of 28 mph is reached.
o The operator of a Class 3 electric bicycle (per dmv.ca.gov):
Must be 16 years old or older.
Must wear a bicycle safety helmet.
Must not transport passengers.
May ride an electric bicycle in a bicycle lane if authorized by local authority or ordinance.
All electric bicycle classes are exempt from the motor vehicle financial responsibility, driver's license, and license plate requirements.
Electric Motorcycle – Any electric powered two or three wheeled vehicle with a motor of more than 750 watts and a lack of operable pedals SHALL NOT BE CONSIDERED an Electric Bicycle.
For the purpose of this ordinance, such vehicles SHALL BE CONSIDERED an Electric Motorcycle by the City of San Clemente and be treated as a Motorcycle as defined by California Vehicle Code Sections 400(a) and 400(b).
Hours of Darkness – Darkness, as defined by California Vehicle Section 280, is any time from one-half hour after sunset to one-half hour before sunrise and any other time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet
Wheelie – An acrobatic driving or riding stunt of lifting up the front tire or wheel off of the ground due to extreme torque being applied to the rear wheel or wheels while in motion.
Attachment 2
6 ---
EXHIBIT B
Endo-Wheelie AKA Stoppie – The Endo-Wheelie or Stoppie is a motorcycle and bicycle trick in which the back wheel is lifted by abruptly applying the front brake, then, by carefully reducing the brake pressure, the bike is ridden for a short distance on the front wheel. It is also called an endo, a nose manual, or less commonly, a front wheelie.
E-Bike Rules:
1. E-Bikes shall not be operated during hours of darkness unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.
2. E-Bikes shall not be operated with a passenger unless the operator has a valid State issued (any US State or Territory) Driver License or is at least 18 Years of Age.
3. During hours of darkness, E-Bikes shall only be operated with a front lamp emi�ng a white light visible from a distance of 300 feet and a rear solid or flashing red light with a built-in reflector visible from a distance of 500 feet.
4. E-Bikes shall not be operated on any highway, roadway or sidewalk while performing a Wheelie or Endo-Wheelie AKA a Stoppie.
5. E-Bikes shall not be operated while tex�ng on a cell phone.
6. Class 3 E-Bikes shall not be ridden on any off-road trails within the City of San Clemente.
7. Class 3 E-Bikes shall not be ridden on any sidewalks within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.
8. E-Bikes, regardless of Class, shall not be ridden on the sidewalk in any business district within the City of San Clemente. This does not apply to traversing a sidewalk to park the E-Bike or to enter private or public lands.
9. E-Bikes, regardless of Class, shall not be ridden on the San Clemente Beach Trail between North Beach and Calafia Beach.
10. Electric Motorcycles shall not be operated within the limits of the City of San Clemente unless the following parameters are met:
• Motorcycle License Required per California Vehicle Code Sec�on 12500(b) • Registra�on and License Plate Required per California Vehicle Code Sec�on 4000(a)(1)
7 • DOT Approved Helmet required per California Vehicle Code Sec�on 27803(b) • Evidence of Financial Responsibility (Insurance) required per California Vehicle Code Sec�on 16028a.
Electric Motorcycles may only be used on private property with the expressed permission of the property owner or the owner’s authorized agent.
Law Enforcement use of the California Vehicle Code Towing, Storage and Impound Authori�es apply to the unlawful use of Electric Motorcycles in the City of San Clemente.
11. Any convic�on of a viola�on of this Ordinance or the California Vehicle Code while opera�ng an E-Bike, will not be deemed adjudicated un�l the violator completes a City of San Clemente approved E-Bike Safety Course. Proof of comple�on must be provided to the court within 90-Days of convic�on.
12. Any E-Bike rental business in the City of San Clemente shall provide a copy of this Ordinance to anyone person(s) ren�ng an E-Bike.
8 Attachment 3
9 These minutes were approved at the Public Safety Committee Meeting of 04/23/2024.
CITY OF SAN CLEMENTE
MINUTES OF THE REGULAR MEETING OF THE
PUBLIC SAFETY COMMITTEE
MARCH 26, 2024
City Hall
Council Chambers, 2nd Floor
91 0 Calle Negocio
San Clemente, CA 92673
1. CALL TO ORDER
2. Chair Berkuta called the Regular Meeting of the Public Safety Committee of the City of San Clemente to order at 3:00 p.m.
PLEDGE OF ALLEGIANCE
Vice Chair Greenwald led the Pledge of Allegiance.
3. ROLL CALL
Committee
Members Present: Chair Nick Berkuta
Vice Chair Michael Greenwald
Mark Rhoden
Gary Walsh
Captain Jay Christian (left at 4:27 p.m.)
Chief Rod Mellott
Chief Cheyne Maule (arrived at 3:09 p,m.)
Absent: Scotland Roeber
Staff Present: Danielle Sorahan, Code Compliance Manager Natanya Wilcher, Office Specialist II
Adam Atamian, Community Development Director
Trevor Milosch, Park Ranger Supervisor
4. SPECIAL ORDERS OF BUSINESS / PRSENTATIONS
A. Presentation by Community Development Director Adam Atamian on Council Liaisons
Community Development Director Atamian announced that Councilmember Loeffler was assigned as the liaison to assist the Committee.
EXHIBIT C
10 Page2
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024
5. MINUTES
A. Minutes from the Regular Public Safety Committee Meeting of February 27,2024
MOTION BY VICE CHAIR GREENWALD, SECOND BY MEMBER WALSH, AND CARRIED 4-0-1, MEMBER ROEBER ABSENT, to approve the February 27, 2024 Minutes.
6. ORAL AND WRITTEN COMMUNICATION
None.
7. REVEWS AND RECOMMENDATIONS
A. Code Compliance FY2023 Q4, Code Compliance FY2024 Q1 B. Park Rangers FY 2023 Q4, Park Rangers FY2024 Q1
Code Compliance Manager Sorahan provided an overview of the FY2023 Q4 and FY2024 01 Code Compliance and Park Rangers FY2023 04 and FY2024 01 statistics.
In response to Committee questions, Code Compliance Manager Sorahan discussed the various types of complaints including weed abatement, mold, unsafe rentals, trash and debris, and land use violations; case load, efficiencies and additional officers; lighting cases; training; measure of open cases; non-parking violations; and parking citations issued by the Sheriffs Department.
8. NEW BUSINESS
None.
9. UNFINISHED BUSINESS
A. Public Safety Committee Annual Work Plan FY2023-2024 (1) Communications and Disaster Preparedness Project Update Chair Berkuta discussed the upcoming Laguna Beach siren public address system demonstration; need for a Disaster Planner; and the bridge collapse in Baltimore, Maryland.
(2) Homelessness and Best Management Practices for Public Safety Personnel Project Update
11 Page3
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 Member Walsh requested the Community Outreach Team attend an upcoming meeting to present the Point-In-Time Count. Community Development Director Atamian explained that the Community Outreach Team was working with the Human Affairs Committee and the Public Safety Committee was tasked with best management practices for Public Safety personnel addressing the homeless.
Member Rhoden stated the south end of town was still clear.
In response to Chair Berkuta, Community Development Director Atamian discussed the Federal Government land near the County line. (3) Neighborhood Watch
Vice Chair Greenwald stated the Crime Prevention Specialist was doing a great job identifying block captains. He discussed the request for funds to purchase signs. Community Development Director Atamian stated Public Works was working to identify the number of needed signs and he would provide an update at the next meeting.
Member Walsh discussed the uptick in crime via key fobs and requested the Crime Prevention Office report back.
(4) Statistical Information and Review
Chair Berkuta reported on his and Member Roeber's tour and discussion on statistics with Faulk Care Ambulance.
(5) Human Trafficking
In response to Vice Chair Greenwald, Code Compliance Manager Sorahan stated the sweep had to be rescheduled.
(6) E .. Bicycle/Traffic Safety
Member Rhoden presented suggestions for a City of San Clemente E-bike ordinance.
Member Walsh suggested a prohibition of e-bikes within 3 feet of pedestrians.
Member Rhoden explained that pedestrians in the roadway were not allowed.
Captain Christian discussed the need to consider cause and effect such as creating undue safety hazards; and regulations already included in the California Vehicle Code.
12 Page4
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 Member Rhoden discussed his apprehension with creating rules that were unenforceable.
Chair Berkuta suggested requiring the use of lights during the day. • Member Walsh suggested requiring yielding to pedestrians on sidewalks, citable if an accident were caused.
MOTION BY MEMBER RHODEN, SECOND BY VICE CHAIR GREENWALD, AND CARRIED 4-0-1, MEMBER ROEBER ABSENT, to forward the suggestions for the City of San Clemente e-bike ordinance to the City Council, omitting Items 3, 7, 8 and 10.
(7) Technology Review
Chair Berkuta stated he had requested information on vacancies of license plate readers (LPRs). Captain Christian discussed the vacancies of LPRs, number needed and costs. Chair Berkuta stated he had requested Community Development Director Atamian submit for appropriate funding.
Captain Christian discussed the benefits of using LPR technology.
Member Rhoden discussed burglary tourism.
(8) Review of Urgent Matters
None.
10. REPORTS OF COMMITTEE MEMBERS AND STAFF
A. Police Services - Orange County Sheriff's Department Capt. Christian Captain Christian discussed an additional theft operation at the Outlets, and thefts and stolen credit cards at Walmart.
Captain Christian left the meeting at 4:27 p.m.
B. Fire Services - Orange County Fire Authority, Chief Maule Chief Maule reported on February statistics; an e-bike fire and efforts to educate residents; Every 15 Minutes at San Clemente High School; pending arrival of Fire Hawk helicopters; and upcoming dozer training and fire school. 13 Page5
Minutes of the Regular Meeting of the Public Safety Committee of March 26, 2024 C. Marine Safety - Marine Safety Division Capt. Mellott Chief Mellott reported on safety statistics; Marine Safety Officer recruitment; training academy; surf contests; Shamrock Run; Junior Lifeguard program registration; sand replenishment project; funding for new towers; and increased fence line on the Beach Trail.
D. Committee Chair
None.
E. Committee members
None.
F. City staff
In response to Commission questions, Park Ranger Supervisor Milosch stated the uniforms provided more recognition as authority figure in the parks.
11. ADJOURNMENT
MOTION BY CHAIR BERKUTA, SECOND BY MEMBER WALSH, AND CARRIED 4~0~1, MEMBER ROEBER ABSENT, to adjourn the meeting at 4:42 p.m., to the next Regular Meeting of the Public Safety Committee scheduled to be held on Tuesday, April 23, 2024, at 3:00 p.m. at City Hall in Council Chambers of City Hall at 910 Calle Negocio, San Clemente, California.
Respectfully submitted,
Attest:
Danielle
~~ Sorahan, Code Compliance Manager