HomeMy WebLinkAbout2023-03-21; City Council; Resolution 2023-090RESOLUTION NO. 2023-090
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, EXTENDING THE PROCLAMATION OF BICYCLE, E-BICYCLE AND
MOTORIZED MOBILITY DEVICE SAFETY LOCAL EMERGENCY IN THE CITY OF
CARLSBAD UNTIL MAY 20, 2023, AT 5 P.M., UNLESS OTHERWISE EXTENDED
OR TERMINATED BY THE CITY COUNCIL
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 collisions involving
bikes and e-bikes since 2019; and
WHEREAS, on Aug. 30, 2022, the City Council of the City of Carlsbad, California, adopted
Resolution No. 2022-214, ratifying the Proclamation of Local Emergency (Attachment A); and
WHEREAS, California Government Code Section 8630, subdivision (c), requires the City Council
to review the need for continuing the local emergency at least once every 60 days until the City Council
terminates the local emergency; and
WHEREAS, on Oct. 18, 2022, the City Council of the City of Carlsbad, California, adopted
Resolution No. 2022-214, extending the Proclamation of Local Emergency; and
WHEREAS, on Dec. 6, 2022, the City Council of the City of Carlsbad, California, adopted
Resolution No. 2022-277, further extending the Proclamation of Local Emergency; and
WHEREAS, on Jan. 24, 2023, the City Council of the City of Carlsbad, California, adopted
Resolution No. 2023-039, further extending the Proclamation of Local Emergency; and
WHEREAS, the Proclamation of Local Emergency will expire on March 25, 2023, at 5 p.m., unless
earlier extended or terminated by the City Council; and
WHEREAS, the plan to address the local emergency is being reviewed and implemented and
there remains a bicycle, e-bicycle, and motorized mobility device safety local emergency throughout
the City of Carlsbad.
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.That the Proclamation of Local Emergency issued by the Director of Emergency Services
(Attachment A) is extended and shall expire on May 20, 2023, at 5 p.m., unless otherwise
extended or terminated earlier by the City Council.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of March, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEITH BlCKBURN, Mayor
_k/SHERRY FREISINGER, City Clerk -,-(SEAL)
RESOLUTION NO. 2022-214
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 collisions involving
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
Attachment A
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
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 30th day of August, 2022, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Norby.
None.
Hall.
MATT HALL, Mayor
for
FAVIOLA � Clerk Serv"l�:;Manager
(SEAL}
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
Item #7
Bicycle, E-Bicycle and Motorized Mobility
Device Safety Local Emergency
Page 2
in the region that have already 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 ore-bike collisions, the Carlsbad
Police Department increased enforcement and education efforts and, in
April 2022, th.e 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.
16. The City Council of the City of Carlsbad is not in session and will not hold its
next meeting until August 30, 2022.
NOW, THEREFORE, IT IS PROCLAIMED that a bicycle, e-bike, and motorized
mobility device safety local emergency now exists throughout the City of Carlsbad,
California.
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of the local
emergency, the powers, functions and duties of the emergency organization of the City
of Carlsbad are those prescribed by state law, by ordinances and resolutions of the City
of Carlsbad and by the City of Carlsbad Emergency Plan.
IT IS FURTHER PROCLAIMED AND ORDERED that all City of Carlsbad officials and
employees cooperate and coordinate efforts with officials and employees of other
political subdivisions and officials and employees of the state and federal government in
bringing the conditions underlying the local emergency under control.
IT IS FURTHER PROCLAIMED AND ORDERE emergency shall
continue to exist for the next 7 days, and thereafter y r tification of the City Council of
the City of Carlsbad, until its termination is proclaime b the City Council.
Dated: ___ ?_...~~f\J-=-:,,6)""'-=2=2=-
adwick, City Manager &
Director of Emergency Services