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HomeMy WebLinkAbout1994-04-26; City Council; 12686; ESTALBLISH A PRIMA FACIE 30 MILE PER HOUR SPEED LIMIT UPON TAMARACK AVENUE FROM INTERSTATE HIGHWAY 5 TO SKYLINE ROADAB # )difoi6.(o TITLE: ESTABLISH A PRIMA FACIE MTG. 4/26/94 30 MILE PER HOUR SPEED LIMIT UPON TAMARACK AVENUE FROM INTERSTATE HIGHWAY 5 TO SKYLINE ROAD DEPT. CITY P CITY A * h h N I m z 0 z aJ c) F: (d C -TI a !-I 0 V aJ CJ a 3 0 &I u il -4 rl c) -rl C u g e m \ \I) N 1 4 z 0 F 0 a e z 3 8 ( ,-. -1 aTY OF CARLSBAD - AWVDA BILL 9 DBT. ENG RECOMMENDED ACTION: Introduce Ordinance No. NS- $3.3 to establish a prfma facie 30 mile per hour spec upon Tamarack Avenue from Interstate Highway 5 to Skyline Road. ITEM EXPLANATION: Tamarack Avenue is designated as a collector street on the Circulation Element General Plan between Interstate Highway 5 and Skyline Road. This portion of Tan Avenue is 1,05 miles in length and follows a curvilinear alignment through a residenti and a business area near Interstate Highway 5. However, per the California Vehicle the subject portion of the roadway does not qualify as a residence district and, the does not have a prima facie 25 mile per hour speed limit. Sections 22357 and 22358 of the California Vehicle Code authorizes local author establish a prima facie speed limit on the basis of the results of an engineering an( survey. Because the road segment does not qualify as a residence distric conducted an engineering and traffic survey and presented the results to the Traffic Commission on March 7, 1994. The engineering and traffic survey considered factors such as the roadway features volumes, pedestrian volumes, driveways, proximity of schools, collision history, and speeds (85th percentile speed) on the roadway that were 34 miles per hour a Avenue and 32 miles per hour at Valley Street. Based upon the engineering anc survey, a 30 mile per hour prima facie speed limit was recommended by staff to the Safety Commission. At the March 7, 1994 Traffic Safety Commission meeting, San Marcos Municipa Commissioner Brandenburg addressed the Traffic Commission on this issue to exp concept of establishing legally enforceable speed zones, He indicated that becaus Appellate Court decision on the Goulet case, a speed limit must be established wit miles per hour of the critical speed in order for it to be an enforceable speed limit i considered a speed trap. He stated that a 30 mile per hour prima facie speed limit portion of Tamarack Avenue would be enforceable by the Police Department and but a 25 mile per hour prima facie speed limit would not. Because of the nearby schools, a work order has been issued to install signs to i "School-25 Miles Per Hour-When Children are Present" for the times during the da school pedestrians are going to or from school. At other times of the day, the 30 r hour prima facie speed limit would be in force if the City Council establishes thal limit by ordinance. The Traffic Safety Commission considered input from staff, Carlsbad Police ( Commissioner Brandenburg and the public on this matter. By a 4-1 vote, the Comi recommended that a 30 mile per hour prima facie speed limit be establishec Tamarack Avenue from Interstate Highway 5 to Skyline Road. e 0 Page 2 of Agenda Bill No. /$?; hfh FISCAL IMPACT Installation of six speed limit signs will cost approximately $600. EXHIBITS: 1. Location map. 2. Minutes from March 7, 1994 Traffic Safety Commission meeting. 3. Ordinance No. MS- a77 to establish a prima facie 30 mile per hour speed limii Tamarack Avenue from Interstate Highway 5 to Skyline Road. PROPOSED SPEED ZONE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 0 e ORDINANCE NO. NS- 2 7 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSB CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.44, OF THE CARLSE MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.44.300TO ESTABL A PRIMA FACIE 30 MILE PER HOUR SPEED LIMIT UPON TAMARACK AVEb FROM INTERSTATE HIGHWAY 5 TO SKYLINE ROAD. WHEREAS, the City Council of the City of Carlsbad, California, hereby ordains SECTION 1: That Title 10, Chapter 10.44, of the Carlsbad Municipal Code i: by the revision of Section 10.44.300 to read as follows: "1 0.44.300 Tamarack Avenue: (a) Upon Tamarack Avenue from Carlsbad Boulevard to its intersection wit Highway 5, the prima facie speed limit shall be thirty miles per hour. (b) Upon Tamarack Avenue from Interstate Highway 5 to its intersection \i Road, the prima facie speed limit shall be thirty miles per hour. (c) Upon Tamarack Avenue from Skyline Road to its intersection with El Ci the prima facie speed limit shall be thirty-five miles per hour. (d) Upon Tamarack Avenue from El Camino Real to its intersection with Carl$ Drive, the prima facie speed limit shall be forty-five miles per hour. (e) Upon Tamarack Avenue from Carlsbad Village Drive to its intersection M Drive, the prima facie speed limit shall be thirty-five miles per hour." EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its a( the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and CF published at least once in a newspaper of general circulation in the City of Carl fifteen (15) days after its adoption. Ill Ill Ill 111 Ill 111 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 INTRODUCED AND FIRST READ at a regular meeting of said City Council h - day of ! 1994, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci held on the day of , 1994 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) J, e 0 March 7, 1994 TRAFFIC SAFETY COMMISSION Page 2 Chairman Green comm Association of Governm n approved a request to the San Diegc in the amount of $588,261, for sidewalks PREVIOUS BUSINESS: at Commissioner Stachoviak had request NEW BUSINESS: A. Tamarack Avenue - Interstate Hiahwav 5 to Skvline Road - Request to establish a 30 mile p~ hour prima facie speed limit. Bob Johnson gave the staff report as contained in the agenda bill, using transparencies to shoi the segment of Tamarack affected and the Engineering and Traffic Survey. He stated that th concept of a speed zone is to establish a speed limit that is reasonable and safe that peopl operating a vehicle will obey by driving in a reasonable and prudent manner. The laws ar established to protect the public and to regulate the unreasonable behavior of some of the publi when they exceed speed limits. Most people are considered to be reasonable and prudent an that they will drive their vehicles in that manner. The California Vehicle Code requires certai criieria when establishing a prima facie speed limit, and one that will be complied with by th majorii of the drivers. When a speed limit is not legally enforceable, the public will lose respec for the signs and develop antagonism for the enforcement of the laws. Mr. Johnson stated that Tamarack Avenue required an Engineering and Traffic Survey to k conducted, and that survey was done, with a copy provided to the Commissioners. Tamarac from 1-5 to Skyline Road is a residential collector street, with a width varying from 44 to 76 fee with a wider street area from Adams to 1-5. Mr. Johnson said that speed limits must conform to the results of the survey and not be artificial lowered. This portion of Tamarack Avenue does qualify as a residential area--but tl- requirements of the Code are not met for that segment to qualify as a residence district. SUC a roadway must be less than 40 feet in width. The Engineering and Traffic Survey indicates tt- 85th percentile is 34 miles per hour at Alder and 32 miles per hour at Valley Street, and this is tt- speed at which 85 percent of the drivers on that street at driving at or below. At Alder Avenur 94 percent of the drivers were driving between 28 to 38 miles per hour, and at Valley, 94 percei of the drivers were driving from 25 to 35 miles per hour. The accident history is low--with six 01 of 11 accidents speed related over the last two years. Mr. Johnson said in order not to have a speed trap, which is a speed limit posted that is not more than five miles below or above the 85th percentile. accordance with the Survey and the California Vehicle Code, the speed limit must be set at r A letter was received by Mr. Johnson from Robert E. Shaw, 11 65 Tamarack Avenue, protestir the increase from 25 miles per hour to 30 miles per hour. EXHIBIT 2 0 0 March 7, 1994 TRAFFIC SAFETY COMMISSION Page 3 NEW BUSINESS: (Continued) Mr. Johnson continued, stating that the Police can issue tickets to those traveling above thc trap. There is disservice in having a speed trap and that is why staff wants to correct these areas in Carlsbad and get the speed limits properly posted. Chairman Green stated that he did not see how it could be justified to raise the posted speed tc 30 miles per hour, particularly with the school there. Mr. Johnson replied that the school is separate and there is a fence along Tamarack Avenue There are criteria for posting speeds, and Cattrans is very clear on how school zone signs car be posted. Chairman Green stated he was having difficutty with this speed limit, as there are school childrei in that area not only during school hours, but evenings and weekends for other activities. Mr. Johnson said that the basic speed law applies and that applies everywhere. Just becausc a street is posted at 30 miles per hour, that does not mean that drivers must go that speec Again, the basic speed law is the law that must be obeyed. speed limit only if that speed limit is reasonable and prudent and does not constitute a speec Commissioner Courtney asked Sgt. Metcalf for clarification of this issue, stating that staff is nc talking about what we would like to have and what is safe for children; but that we are talkin! about doing this as a legal maneuver to actually slow the traffic down. At the present time, thc Police cannot enforce the speed limit in court. If the speed is legally posted, the Police cai enforce it and can slow the traffic down. Sgt. Metcalf replied that Commissioner Brandenburg is here from the San Marcos Municipal Cour to share his information. If an area is posted at a speed limit that cannot be enforced, the driver will drive at any speed they choose, and unless they are going over 55 miles per hour, or nc driving as a reasonable and prudent driver, the Police cannot give them a ticket. Posting speed at the legal limit is for the safety of the children to keep the drivers from driving whatever spee they choose. In reply to query about the proper amount of enforcement, Sgt. Metcalf replied that the accider rate in Carlsbad has been reduced approximately in half, due to the fact that the Police pick 01 areas that are dangerous and go into those areas and slow the drivers down. If this speed lim is put in place, the Police will deal with it and take care to slow the people down. The speed lim posted on Tamarack is unenforceable and the speeds are going up and will continue to go u until it is remedied. In school areas where there were speeding problems, the Police have gon in and enforced the law--but the Police cannot do that on this segment of Tamarack Commissioner Stachoviak asked about the six accidents over the last two years, and Bo Johnson said they were due mostly to speeding and were rear-enders. The Police can issu tickets to drivers when they cannot stop in time, as they are violating the basic speed law. Commissioner Stachoviak referred to the Engineering and Traffic Survey where it was stated th; this is a heavily traveled corridor for elementary, junior high and high school pedestrians, bicycle and vehicles as a route to school, admitting that this is a very heavily traveled route. This is serious concern to Mr. Stachoviak, as he feels a fence will not keep the children off of that stree e March 7, 1994 TRAFFIC SAFETY COMMISSION Page 4 NEW BUSINESS: (Continued) Bob Johnson stated that there is a definite way of dealing with elementary schools or junior an( high school. There are different philosophies, depending on the type of school pedestrians thz staff is dealing with, and this is not an elementary school in this case. Commissioner Stachoviak stated that the drivers going west from Highland on Tamarack get ha way down the hill and see the green light at Adams and speed up to beat the light. Mr. Johnso said there is no way to comment on that, as a reasonable driver will drive in accordance with th basic speed law. Some drivers will try to beat the green light no matter where they are; th: happens at all traffic signals in all areas. Commissioner Anear stated that on Hillside at the school, before you get to Kelly Drive, there I a sign that says the speed limit is 25 miles per hour when children are present, and there is n gate in the fence. He asked whether that could be posted in this area, if it is legal. Mr. Johnso said there is criteria for posting signs, and he would check into whether it would be possibl there, but he fett such a sign could not be posted there. Commissioner Anear inquired of Sgt. Metcalf whether only accidents involving injuries ar reported, and Sgt. Metcalf replied that they take reports on all accidents and copies are sent 1 the Traffic Engineer to be used in any traffic analysis of an area of the City. Chairman Green asked for a definition and criteria used in determining design speed; also Whi impacts taken into consideration when a site use changes. Mr. Johnson replied that roadwz classifications are: collector street - 30 miles per hour design speed; prime arterial - 60 miles p‘ hour: secondary - 40 miles per hour and a major arterial is 50 miles per hour. The classificatic of a roadway means that road is expected to carry a certain volume of traffic at a certain speec Spot zoning for one condition on a roadway is not done. This particular segment of Tamarac is an older segment, so it has some characteristics which would not be approved under today design criteria. Chairman Green opened the meeting for public comment. Robert Morrison 3891 Highland Drive, stated he lives at the corner of Highland and Tamarac and said that people do not stop at the stop sign there. He said he has a difficult time gettir out of his driveway, as the cars are traveling so fast that they come upon him as he starts to pi out and will not let him out. He said that if the speed limit is raised, the drivers will go faster. N Morrison stated he is concerned about the children walking in that area and playing around whi waiting for the bus. Mr. Morrison stated he has complained to the school and the NCTD abo the children’s behavior. Staff requested that Commissioner Brandenburg be allowed to speak at this time, as he is dl back in Court. Commissioner Brandenburg, 338 Via Vera Cruz, San Marc-, representing the Municipal Cou stated he is a public servant and has a courtroom full of people waiting for his return. He sa he understood the frustration of the people and the law enforcement officers, as he has 30 or d of them a day in his courtroom. e e March 7, 1994 TRAFFIC SAFETY COMMISSION Page 5 NEW BUSINESS: (Continued) Mr. Brandenburg said that in all candor, it is really not a matter of raising the speed limit; but a matter of being able to enforce the existing speed limit. He complimented Commissionei Courtney for his attitude, and said that the court’s hands are tied since the Goulet decision. Thai decision says that the speed limit has to be what a reasonable and prudent driver would drive That is put on the back of the traffic engineering people, as it can’t be a speed less than wha of being able to enforce the speed limit. In this instance, if the speed limit is left at 25 miles pel hour, the courts can’t enforce it. This would be asking him to enforce a speed limit that he know5 is illegal. The speed survey has to be brought into court by the officer and that survey will no support an illegal speed--in this case, 25 miles per hour. At 30 miles per hour, the officers arc able to enforce the speed, and the judges can also enforce the tickets. Mr. Brandenburg statec there is no way to get around those facts. In reply to query from the Commissioners on the speeds to be ticketed, Mr. Brandenburg statet the deciding factor is an unsafe speed, and this can be too slow as well as too fast, and depend! on the testimony of the officer as to whether the speed was unsafe. Also, radar cannot be use( in a speed zone that is illegally posted as to speed, and any tickets are thrown out of court. Mr. Brandenburg restated that because of the Goulet decision and the existing survey on tha street, 30 miles per hour is justified. He has to enforce this and based on the survey, this wouk go to the Appellate Court and waste time and money. This ruling came from the Appellate Court Mr. Brandenburg said he saw no problem with enforcement of the 30 miles per hour; however if left at 25 miles per hour, he would have to throw the cases out of court. The Goulet case i! initiate any action to reverse that and the series of law surrounding the case. He said that woulc be very difficult to do. Commissioner Courtney inquired whether it is true that the procedure of setting speed limits tc avoid speed traps has been in effect for some time, and this appeal just re-interpreted the law Mr. Brandenburg agreed that there was no new law. Marlys Vosburgh, 3890 Adams Street, stated she sees drivers going 60 to 65 miles per hour a day in this area. The school children walk up Tamarack to go to the different schools in the arei and with all the houses in that area it deserves to be considered a residential area. She said shl teaches school in Carlsbad and would not trust her children to walk to school in that area. A far as the traffic signals, they are monsters. The people race to beat the yellow light or run ther completely. Ms. Vosburgh would like to see the traffic lights removed. Chairman Green that the Police Officers are spread very thin over the City and do the best the can to enforce the laws. He said that Carlsbad does have a very excellent Police Department the traffic survey will support, When it is--the judges have to throw the cases out, It is a mattei more than law--it is case law from the Appellate Court, and the local legislators would have tr Andrew Ferris, 3886 Valley Street, stated he has lived there 31 years, and felt that by raising th speed limit to 30 miles per hour to give the Police Department something they need won’t giv the citizens the safety they need, especially the children crossing the street there. He said th: at 25 miles per hour it takes 62 feet to stop, and at 30 it will take about 73 feet to stop. Mr. Ferri said that when the City was trying to widen Tamarack, it was declared a residential area, and no1 it is not. He asked when it changed and what made it change--the fence along Tamarack? H asked the Commission to re-consider the speed limit. 0 e March 7, 1997 TRAFFIC SAFRY COMMISSION Page 6 NEW BUSINESS: (Continued) Kathleen Moore, 1589 Tamarack Avenue, stated it is difficult for anyone to cross in the crosswalk adults in that area during school hours and after hours at the different functions that are goin( on at the schools. Ms. Moore said she also has trouble getting out of her driveway. She said sh would support the 30 miles per hour if the Police would regulate it. Jane1 and Kristi Starr, 1619 Tamarack Avenue, both told of the difficutty in crossing Tamarac because the drivers won’t stop to allow the children to cross the street. Boots Tibbitts, 1721 Tamarack, stated she has lived there for 23 1 /2 years and the traffic is gettin heavier and faster every day. She said that the area by the Vons store is not a truck route, bi there are trucks there all day long. Ms. Tibbitts stated she also has trouble getting out of hc driveway and feels that this area should be considered a residential area with a 25 mile per hot speed limit. Officer Kelly Cain, Carlsbad Police Department, stated he is an accident investigator, and certainly pro-enforcement, safety and slow driving. However, in California what is ‘fair‘ is not th law to be enforced, but the decision handed down by the Appellate Court. If this segment ( Tamarack is left at 25 miles per hour, the people have to drive over 55 miles per hour before thc can get a citation. The only thing that slows people down is seeing Police present giving ticket Warnings do not work--tickets do. Officer Cain said if the Police are not given the tools, they car do the job, and if this area is illegally posted, the Police can not issue tickets and can’t make a safer area for the children and adults. This is now case law and it is all that the Police have 1 work with. If the speed is left as it is, there is no enforcement action the Police can take. In reply to query about eliminating parking on Tamarack to make it safer, Officer Cain said th is a complex area, and changing the speed limit will not make a total change. However, with tt stop signs, crossing guards and speed limit change, these are steps in the right direction. k said it would be difficult to tell people they cannot park in front of their houses. Sgt. Metcalf explained that a speed limit must be posted within a 5 mile per hour variance fro1 the 85th percentile. He said that you cannot use radar if the speed limit is unenforceable in i area, and the only other way to write tickets is by pacing. This is very difficult to do, and tt Police write very few tickets by pacing. The majority of the tickets are written by radar, and tt Police must have a legal speed limit in order to do that. Commissioner Stachoviak stated he has a problem with this and can’t go along with th proposed speed limit in the school zone on the statement that a fence will protect the childrc from Highland to Park Street. Commissioner Courtney said he was sorry some of the people had to leave the meeting and d not hear the comments of the Police Officer. Mr. Courtney said he has been very active in you sports in Carlsbad for many years and is concerned about the safety of the children crossing tt streets after school hours and weekends. He felt they are probably safer during school hou because there are crossing guards. There are legal requirements from the State of California th specify what constitutes different speed zone area, and this area does not qualify as a resident district. Therefore, having the area posted at 25 miles per hour is meaningless, because ti Police cannot enforce that speed, leaving the speed limit in the area at 55 miles per hour. in the area, and if the speed is increased, it will be more hazardous. There are children ani 0 e March 7, 1994 TRAFFIC SAFm COMMISSION Page 7 NEW BUSINESS: (Continued) Mr. Courtney said the Commission has a chance to slow the traffic down by posting the leg: speed. Once the speeds are slowed down, because they can be enforced, then another traffi survey can be done with the hope of then reducing the speed limit to 25 miles per hour, if th: is within the 85th percentile. The first step is to establish a speed limit that can be enforced. M Courtney said he strongly supports the 30 miles per hour speed limit and solicited his felloi Commissioners to agree. As it stands now, there is no speed limit in that area of Tamarack. Chairman Green stated he has very great concerns, even though he is aware of the 85t percentile and the court ruling. He said he is concerned about the children that walk in that are: Mr. Green indicated he would vote for this speed limit with great reservations, and would ask th Police Department and the City to enforce the speed limit on that street. ACTION: On motion by Commissioner Blake, the Traffic Safety Commission adopted th recommendation of the Traffic Safety Coordinating Committee based on th Engineering and Traffic Survey and in accordance with the Caltrans Traffi Manual, establish a prima facie speed limit of 30 miles per hour upon Tamarac Avenue from Interstate Highway 5 to Skyline Road. Green, Anear, Blake and Courtney AYES: NOES: Stachoviak Commissioner Stachoviak stated that he opposed this speed limit of 30 miles per hour along th school area from Highland to Valley, as he feels this should be 25 miles per hour when the schoc is in session. Bob Johnson stated he will investigate the legality of any additional signage in the school arei B. - Request for comments and recommendatio When the construction part of the Streetscape. Si of the Streetscape, which the installation of the signals i rt of a development, or as in this case, pa installed in the order they ai by the City Council. Green, Anear, Blake, Courtney and Stachoviak AYES: