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HomeMy WebLinkAbout2023-05-16; City Council; Resolution 2023-131RESOLUTION NO. 2023-131 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 UNTILJULY 15, 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, on March 21, 2023, the City Council of the City of Carlsbad, California, adopted Resolution No. 2023-090, further extending the Proclamation of Local Emergency; and WHEREAS, the Proclamation of Local Emergency will expire on May 20, 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 July 15, 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 16th day of May, 2023, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: Blackburn, Bhat-Patel, Acosta, Burkholder, Luna. None. None. None. KEIT�BLACKBlJRN, Mayor � l . SHERRY FREISINGER, City ClerkT"' (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 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