TITLE:
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RESPONSES TO ORANGE COUNTY GRAND JURY REPORT - E-BIKES FRIEND OR FOE
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DEPARTMENT: Public works Department /TRANSPORTATION Services division
PRESENTED BY: RAJA SETHURAMAN, PUBLIC WORKS DIRECTOR
CONTACT INFORMATION: BRETT ATENCIO THOMAS, acTIVE TRANSPORTATION COORDINATOR, (714) 754-5343
RECOMMENDATION:
recommendation
Staff recommends the City Council approve the draft responses to Findings 1-3 and Recommendations 1-3 in the Orange County Grand Jury (OCGJ) Report titled “E-Bikes Friend or Foe.”
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BACKGROUND:
On June 13, 2024, the City received a copy of the 2023-2024 OC Grand Jury Report titled “E-Bikes Friend or Foe” (Attachment 1). As the use of electric bicycles (e-bikes) has increased throughout the county, the report provides an investigation and analysis into e-bike regulation, education, and safety, focused on what pertinent regulations, if any, have been adopted by Orange County cities. The report seeks to press Orange County cities to actively seek common-sense rules for e-bikes to ensure their safe operation among conventional bicycles, pedestrians, and motor vehicles.
The OCGJ investigation and analysis included interviews and surveys of major retail bike shops, the Orange County Transportation Authority (OCTA), the Orange County Sheriff’s Department, and several cities throughout the county including Costa Mesa. Through the interviews and surveys, the OCGJ report found that there is a wide variation of rules on e-bikes and limited information regarding reporting of e-bike incidents, injuries, and basic rules of the road for e-bikes.
Following the investigation and analysis, the OCGJ arrived at three (3) principal findings, and three (3) principal recommendations. In accordance with California Penal Code Sections 933 and 933.05 (Attachment 2), the 2023-2024 OC Grand Jury requires responses to the three (3) Findings and three (3) Recommendations outlined in the report by September 19, 2024 (90 days after the OCGJ Report’s public release on June 20, 2024).
ANALYSIS:
The City has been proactive as the proliferation of e-bikes has been acutely felt in Southern California cities such as Costa Mesa. The Costa Mesa City Council approved the development of a Bicycle Safety Education Program focusing on e-bike safety and usage at its November 7, 2023, meeting.
Since early 2024, staff from the City Attorney’s Office, Costa Mesa Police Department, and Public Works worked collaboratively with the Active Transportation Committee to develop proposed revisions to the Costa Mesa Municipal Code (CMMC) as it pertains to conventional and electric bicycles. Subsequently, the City Council adopted ordinances to amend Chapters 2 and 3 of Title 4 (Bicycles) and Chapters 1 through 21 of Title 10 (Motor Vehicle Traffic) of the CMMC on July 16, 2024.
Staff has prepared a draft response letter (Attachment 3) to the three (3) OCGJ Report Findings and three (3) OCGJ Report Recommendations. The responses outline the City’s accomplishments and provide a path forward for e-bike regulations and safety within the community.
Below is the City of Costa Mesa’s response to the Findings within the Grand Jury Report:
1) 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. The City agrees with this finding; however, it takes the view that many cities are different in form and culture, requiring the need for ordinances and policies that are specifically tailored to the community.
2) 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. The City agrees with this finding; however, it will take a State mandate from the California Highway Patrol and changes to the Collision Investigation Manual (CIM) to properly track electric bicycle collisions statewide for comparison purposes.
3) Training and education on E-bike use and safety varies from city to city causing confusion amongst bike riders. The City agrees with this finding; however, training and education should also have specific aspects designed to account for attributes that are unique to the community.
Below is the City of Costa Mesa’s response to the Recommendations made within the Grand Jury Report:
1) 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, 2014. At the July 16, 2024 City Council Meeting, the Council approved Municipal Code updates that outline rules of the road for individuals riding electric bicycles.
2) Each Orange County city should have a mechanism in place to report accidents, injuries and deaths involving E-bikes by December 1, 2024. The Costa Mesa Police Department has established an internal means to track electric bicycle collisions. However, it will take a State mandate from the California Highway Patrol and changes to the Collision Investigation Manual (CIM) to properly track electric bicycle collisions statewide for comparison purposes.
3) 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. The City currently has a Bicycle Safety Education Program in place that provides training on electric bicycle operation to adults and children throughout the community. One class was held at an elementary school, and one all ages community event was held. Thirty additional events are planned and funded.
ALTERNATIVES:
The City Council may decline to approve the proposed responses. However, failure to provide responses by the September 19, 2024 deadline will result in violation of California Penal Code Sections 933 and 933.05. Staff does not recommend this option. The City Council could propose modifications to the responses. Staff will incorporate City Council recommendations in our response to OC Grand Jury.
FISCAL REVIEW:
There is no fiscal impact to the City for the approval of the recommended action.
LEGAL REVIEW:
The City Attorney’s Office has reviewed the draft responses and approves them as to form.
CITY COUNCIL GOALS AND PRIORITIES:
This item works toward achieving the following City Council goal:
• Strengthen the public’s safety and improve the quality of life.
CONCLUSION:
Staff recommends the City Council approve the draft responses to Findings 1-3 and Recommendations 1-3 in the OC Grand Jury Report titled “E-Bike Friend or Foe.”