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HomeMy WebLinkAbout2005-11-15; City Council; 18346; Deny Appeal No Parking Signs Marina Drive~ ~~ RBI 18,346 MTG. ~ 11/15/05 DEPT. ENG CITY OF CARLSBAD - AGENDA BILL TITLE: DENY THE APPEAL AND UPHOLD THE RECOMMENDATION OF THE TRAFFIC SAFETY COMMISSION TO NOT REMOVE SIGNS ON MARINA DRIVE THAT SPECIFY NO PARKING CITY MGR. RECOMMENDED ACTION: Deny the appeal of Brian Biernacki and uphold the Traffic Safety Commission recommendation to not remove signs on Marina Drive that prohibit on-street parking during street sweeping hours. ITEM EXPLANATION: On October 3, 2005, the Traffic Safety Commission (TSC) considered the request of Brian Biernacki to remove the signs on Marina Drive that prohibit on-street parking during street sweeping hours. Street sweeping on Marina Drive is performed each month on the second and fourth Tuesday. Parking is prohibited on Marina Drive on these days between the hours of 8:OO a.m. and 12:OO noon. Vehicles that are not removed are subject to receiving a parking violation citation issued by the Carlsbad Police Department. Marina Drive is located in close proximity to the Agua Hedionda Lagoon. Debris that accumulates on the street and may possibly be washed in the storm drain system that discharges to the lagoon and ocean has been a concern for many years. The request to install signs to prohibit parking on Marina Drive during street sweeping hours was initiated in 1991 by the Bristol Cove Property Owners Association. Street sweeping is one of the best management practices utilized by Carlsbad to limit the amount of debris that may otherwise be discharged to the storm drain system. As such, the City is required to implement this action under the National Pollutant Discharge Elimination System (NPDES) permit. At the October 3, 2005 Traffic Safety Commission meeting, the Commissioners were informed by Carlsbad’s Environmental Programs Manager that the Regional Board has designated the Agua Hedionda Lagoon on the Federal 303D list as being impaired for sediment. The Regional Board has further determined that the lagoon does not meet the state water quality standards. This action will result in Carlsbad having to meet a different and more stringent regulatory process called the Total Maximum Daily Load (TMDL) in the 303D process. As a result, Carlsbad is attempting to achieve a more effective street sweeping operation. Removing signs that prohibit parking, as requested by Mr. Biernacki, would allow vehicles to park at the curb and would result in ineffective street sweeping. The Traffic Safety Commission recommended, by a 4-0 vote, that the Marina Drive parking prohibition signs not be removed. However, to minimize impacts to residents that park on Marina Drive, the Commission recommended that consideration be given to altering the street sweeping schedule on a portion of Park Drive near Marina Drive. Currently, Park Drive is also swept on the second and fourth Tuesday of the month at the same hours as Marina Drive. This results in the requirement for Marina Drive vehicles to be parked on Park Drive southerly of Neblina Drive or northerly of Cove Drive on Park Drive so as to not be in violation of the signs that prohibit on-street parking during street sweeping hours. The recommendation to alter the Park Drive street sweeping schedule by the Commission would allow vehicles to park on one side of Park Drive when the opposite side of Park Drive is swept the same day as Marina Drive. The foilowing day, parking would be prohibited on Park Drive that was swept the prior day and that side of the street would be swept. Both sides of Park Drive would continue to have street sweeping conducted twice each month. Mr. Biernacki has filed an appeal (attached) of the Traffic Safety Commission recommendation. He is concerned that additional citations will be issued as a result of the recommended schedule change on Park Drive. Page 2 ENVIRONMENTAL REVIEW: The action being considered by the City Council is not considered a project pursuant to section 15378 of CEQA and, therefore, is exempt and not subject to environmental review. FISCAL IMPACT No fiscal impact projected as a result of the Traffic Safety Commission recommendation. EXHIBITS: 1. 2. Location Map. 3. Marina Drive Condition Diagram. 4. Appeal form by Brian Biernacki. Traffic Safety Commission minutes of the October 3, 2005 meeting. DEPARTMENT CONTACT: Robert T. Johnson, Jr., (760) 602-2752, biohn@ci.carlsbad.ca.us 2 c APPEAL FORM b I (We) appeal the decision of the 5AKF7Y PrnM/3J/Uh To the Carlsbad City Council. Date of Decision you are appealing: &-d J,J a05 Subiect of Appeal: BE SPECIFIC Examples: if the action is a City Engineer's Decision, please say so. If a project has multiple elements, (such as a General Plan Amendment, Negative Declaration, Specific Plan, etc.) please list them all. If you only want to appeal a part of the whole action, please state that here., I ' - Je9 nl;l 7/Jyx2 Si&W Prn/?V@d/W eve I? c7mJ. Pr Z7&*M t5 db #&A Bp& * /A& + ~f, +A:/ H/cJd/cJyec.J d c&-c Y A,/ .CAS %; /z&* \.c /.#&/A /Ln,J//*. Rc%!!/G cJ&>Bpr J A l'J HH /b&J DW'h . f//z&-<r: &J,&wJ fi Aflfi,Gfl nY2. & yvE?r R t~dc'pc L.& 26 6lphW)k' 'If,L& s I GN ATU RE @id f/EbJ&?c/L/ NAME (please print) PHONE NO. c ADDRESS: Street Name & Number V7I 7 flA./l(r i3/2, /u /+ 65" p?uJ&ct e4 9m.y DATE City, State, Zip Code 1200 Carlsbad Village Drive Carlsbad, California 92008- 1989 (760) 434-2808 LOCATION MAP MARINA DRIVE PROJECT NAME NOT TO SCALE EXHIBIT 2 COLE OR., -l CONDITION DIAGRAM 43 DSN - DOUBLE STREET NAME SIGN ‘*).4q, R1-2 - YIELDSIGN R30(mod.) - MODIFIED NO PARKING SIGN (SEE FIGURE A IN EXHIBIT 3) LEGEND: T - SIGN ON A TELESPAR POST 7 - -REDCURB - SIGN ON STREET LIGHT POLE - FIRE HYDRANT n~~l -YIELD PAVEMENT LEGEND WITH LIMIT LINE MARINA DRIVE PROJECT NAME I Ex7T October 3,2005 Traffic Safety Commission Meeting Page 2 \t 1,2005 seconded by of the regular NOES: ABSTAIN: None. / ITEM 5 - PREVIOUS SINESS: Bd City Engineer, stated that upon the recommendation ouncil adopted an ordinance to establish a prima llano between Calle Barcelona and Segovia c Safety Commission, the City Council hit of 45 miles per hour on Poinsettia ITEM 6 -NEW BUSINESS: ITEM6A. Remove the existing signs located on Marina Drive that prohibits on-street parking during street sweeping hours. Mr. Johnson stated that this item was initiated by Brian Biernacki, a resident of 4719 Marina Drive, Apt. D, Carlsbad. Mr. Biernacki submitted a letter and petition, both of which are included in the staff report. The request is to have the existing signs removed from Marina Drive that indicates the prohibition of parking during street sweeping hours. Currently, Marina Drive is signed to indicate no parking between 8:OO a.m. and 12:OO noon on the second and the fourth Tuesday of each month when street sweeping occurs. Mr. Johnson stated that there was a long history regarding the signs on Marina Drive. The origulal request for signs was initiated in 1991 by the Board of Directors for Bristol Cove Property Owners’ Association. A letter was sent in 1991, which is also included in the staff report. The purpose of the no parking signs is simply to remove vehicles fiom the street during the street sweeping hours. One of the important reasons that the streets need to be swept, particularly around Cove Drive, Park Drive, and Marina Drive, is because of very high density housing, and the number of vehicles that October 3,2005 Traffic Safety Commission Meeting Page 3 park on the street, including boats with trailers or other vehicles. If the streets cannot be swept, then the debris that might be in the gutters on the street is washed into the storm drain system, which drains into the nearby lagoon and then into the ocean. The City of Carlsbad has an Environmental Programs Division that rigorously monitors these types of violations and issues. It is something that is addressed with a great deal of concern to try to minimize what flows into the lagoons via the storm drain system. Carlsbad is under the requirements of the National Pollutant Discharge Elimination System, a mandated program to try and keep the waters as clean as possible. Mr. Johnson said the signs are needed because of the number of homes and the resulting number of vehicles that are parking on the street. Without the signs, the streets would not be able to be swept. Having the no parking restriction during street sweeping hours is a way for the street to be property swept. The Carlsbad Police Department coordinates with the street sweeper. There is a program in place that Lt. Rawson can fully elaborate on if there are questions. The Community Service Officer (CSO) Coordinates with the street sweeper by following the street sweeper around or being in advance of the street sweeper so that appropriate citations can be issued, if necessary, if there is a violation of a no parking signs that are in place. In some cases, the vehicles could be towed. Mr. Johnson stated that in other parts of the city there are similar signs to those on Marina Drive. Signs are also located in areas where there is sigrdicant on-street parking. Generally these signs are in the northwest quadrant, where there are a number of condominium or apartment units that are close together. This results in significant on-street parking. Signs are usually installed on a complaint basis if residents complain that the streets are not being swept. Residents believe that since their taxes go to pay for street sweeping, they would like their streets swept. Debris in streets becomes a nuisance and there is a desire to have the streets swept to keep Carlsbad a beautiful place. Mr. Johnson stated that the Traffic Safety Coordinating Committee, which is a staff committee, reviewed this item. In order to minimize the impact to Marina Drive, the recommendation was to not remove the signs, but to minimize the impact of having to remove vehicles a great distance by making changes to the signs on Park Drive. Referring to Exhibit 3, Mr. Johnson showed where other no parking signs were located along Park Drive, Cove Drive arid Bayshore Drive. There are a number of signs to indicate that parking is not allowed within these portions of the streets during street sweeping hours. It can be a problem for the vehicles to have to be moved off Marina Drive and park easterly of Neblina Drive or westerly of Cove Drive in order to be out of the restricted area. Mr. Johnson said that the Traffic Safety Coordinating Committee recommended that there be alternating street sweeping days on Park Drive such that parking would be allowed on one side of the street while the street is swept on the other side. This would allow vehicles on the various side streets, including Marina Drive, to park on Park Drive near their customary parking place. When parking is not allowed due to street sweeping on the alternate day on Park Drive, parking would be allowed on the other side of the street. This would result in a competition for parking spaces on Park Drive if one side of the street were available for parking during street sweeping hours that occur on Marina Drive and on the others streets. As it is now, vehicles must move easterly of Neblina Drive and westerly of Cove Drive. There currently is competition for vehicles to park in those areas that allows parking during the street sweeping hours. 7 October 3,2005 Traffic Safety Commission Meeting Page 4 Mr. Johnson introduced Jayne Strommer, Environmental Programs Manager for the City of Carlsbad to answer any questions about why the program is structured the way it is by having no parking signs. Lt. Rawson is also available to answer questions about enforcement aspects of the no parking signs. In conclusion, the Traffic Safety Coordinating Committee recommends that the option to alter the street sweeping schedule on Park Drive be explored further to allow parking on one side of Park Drive at the same time that Marina Drive is being swept. It is further recommended that the existing signs that designate the parking prohibition on Marina Drive during street sweeping not be removed. DISCUSSION: Commissioner Roney asked if anyone contacted the Management Group that sent the letter in 1991. Mr. Johnson stated that staff sent a number of letters to the nearby residents, including their HOA, regarding the item that was being heard by the Traffic Safety Commission today. Letters were also sent to individuals that signed the petition. A number of letters were returned by the Post Office. Vice-Chair Gardner asked how a street sweeper works? She assum& its not a vacuum so it couldn’t actually pull up the debris, but how does it keep from putting the debris into the lagoon? Mr. Johnson stated that the sweeper has a brush and a vacuum system so that it is pulled up into the bin that is located on the vehicle. There is a slight amount of water that helps with dust control and helps pick up the debris. Anything that is overly large or heavy will not be able to be picked up, but the general type of debris in the street gutter - paper cups, leaves, accumulation of dirt and mud, and washings that come off of somebody’s lawn - those are usually picked up in a very efficient mauner and the streets are left in good shape. PUBLIC TESTIMONY: Hearing no other questions from the Commission, Chair Dorsey opened Public Testimony. Scott Chasen, 4705 Marina Drive, Carlsbad, stated that he was Treasurer of Bristol Cove Property Owners’ Association and Vice-president of Bristol Regency Management Corporation. Mr. Chasen informed the Commission that he was on the Board when the 199 1 letter was written fourteen years ago. At that time, street sweeping was performed once per month, and now it is the second and fourth Tuesday of each month. He stated that the neighborhood was dense and tightly populated with October 3,2005 Traffic Safety Commission Meeting Page 5 one hundred buildings in the private community of Bristol Cove. In terms of the street sweeping, he stated that he had not realized that the reason for street sweeping was to keep debris out of the lagoon. He said that they work to ensure that the lagoon does not get debris fiom construction and erosion because the Bristol Cove Property Owners’ Association is responsible for maintaining their channel and they have to pay $300,000 to $600,000 every twenty years to do it. Mr. Chasen stated that there was an exodus of vehicles on the second and fourth Tuesday of each month about 300 yards either north or south in areas which are also swept on the same day. So the vehicles that would be on Park Drive just move to Neblina Drive, or move up the street to Park Drive. The street sweeper has to go around them, just in different locations. He felt this was counter- productive. Mr. Chasen brought his daughter, Haley, with him to the meeting and stated that at 7:59 a.m. on street sweeping days, there are as many as five policemen on motorcycles on Marina Drive or Cove Drive, depending where there are more cars parked, and at 8:Ol a.m. they start giving out parking tickets. In addition, the Community Services Officer is there, too. Yet, down by the school, there are vehicles traveling by at 40-50-60 miles per hour He had on occasion questioned a police officer asking if rather than giving parking tickets at 8:01, maybe they could go down to Kelly Drive where they could hopefully prevent a traffic accident instead of just giving a parking ticket. He said in the last ten years, the City Council changed the ruling, or made it more user-fiiendly, by saying they wouldn’t give tickets after the street sweeper had come. It used to be 8:OO a.m. to 12:OO pm, and now they changed it that once the street sweeping is over, the police don’t give tickets anymore. It seems to be during this last year that the policy of the police has been that rain or shine, they’ll give tickets. The street sweeper doesn’t come on rainy days, but tickets are given on rainy days. In the rainy season last year, he asked a policeman who was giving a ticket in the middle of a “100-year storm” why he was giving tickets when the street sweeper wasn’t going to come. The officer said he was not aware that there was any policy that said they didn’t have to give tickets when it was raining and he gave Mr. Chasen the phone number of the lady who was in charge of overseeing that. However, she was on maternity leave. Mr. Chasen said they didn’t have anyone to tell the Police Department. Mr. Chasen mentioned that the Police Department will give an average of 1-25 tickets on street cleaning days between Park Drive, Marine Drive and Cove Drive. Once a month was fine. Now residents move their cars the 2nd and 4h Tuesdays and just move the problem somewhere else. Chair Dorsey asked if the HOA had taken an official position on this? Mr. Chasen stated that at the annual meeting last year, there had been quite a change of ownership at Bristol Cove and they had addressed the issue, and it was at a point where they are going to take a position on it. October 3,2005 Traffic Safety Commission Meeting Page 6 Vice-Chair Gardner asked if the HOA had been advised of the Traffic Safety Coordinating Committee’s recommendation that Park Drive be allowed to park on one side of the street when street sweeping was being conducted on the other side of the street? Mr. Chasen stated that they had received the notice in the mail, but had not had a meeting since then. He said he would relay the information from today’s meeting at their next meeting. He stated that if you were to go to Park Drive and see it logistically, you’d see it wouldn’t work because on the right side of Park Drive, it is vacant land, undeveloped. On the left side are houses and apartments. There may be only 15 on-street parking spaces on the west side of Park Drive. On the east side, there are probably 150 spaces. By alternating, you’re really taking away - if you go there on any Tuesday, you see the 25 - 30 cars just move up the street and the street sweeper has to go around them, too. Then the street sweeper doesn’t come back. Brian Biemacki, 471 9 Marina Drive, #D, Carlsbad thanked Mr. Johnson for his help in answering questions and helping them to understand the issue. Approximately six months ago he got his first parking ticket. He had been living on Marina Drive for three years and maintaining the property for ten years. He has neighbors who have gotten tickets, averaging about one per year, going on for about ten years. This led him to wonder why they had to have street sweeping signs up, and he started asking questions. He asked Bob Johnson why there were street sweeping signs posted, and he said it was done on a complaint-basis. The complaint is not derived from the City, but rather the residents living in the area. Mr. Johnson suggested he obtain a consensus to find how what residents think about the street sweeping signs. Mr. Biemacki stated that he obtained a consensus, starting on Marina Drive. It was hit and miss. He went to Park Drive, where he began to get some resistance. Park Drive has its own problems. Cove Drive has its problems, and part of that is they have a city owned block that got badly eroded this past year. There is a constant flow of mud and silt that collects on the street. Cove Drive also has a large section that is undeveloped and you get vegetative debris that collects in the street. Park Drive and Cove Drive get a lot of debris that the street sweeper can remove. In 1991 that was also true of Marina Drive. However, now Marina Drive is built up. There is no longer an open field with debris collecting in the street. There is a new development on Bayshore Drive, a professionally landscaped, enclosed community. Tu Casa on Marina Drive has a professional landscape company who maintains their property. Mr. Biernacki stated that he maintains their property well. Scott Chasen’s property is also well maintained. They do not get a collection of debris. The original reason for installing signs on Marina Drive no longer holds true. They don’t get the debris that they once got in 1991. Mr. Biernacki stated that he petitioned 80-85% of the residents. His original complaint was that whenever he had a new tenant, they almost always got a ticket. It was the heavy-handed enforcement of this area that was the initial incentive to get this involved. He felt the people getting the tickets were paying high rents and were hard-working people, and were getting $50-$100 tickets. He said he October 3,2005 Traffic Safety Commission Meeting Page 7 found out that in 95% of the city, residents didn’t have to move their cars; street sweeping just goes around their cars. They want to be treated like everybody else now. Their streets are well maintained. Mr. Biemacki stated he was a little disappointed because he thought he had Bob Johnson’s support on this issue. When he saw his recommendation to the Committee, he was really surprised because it didn’t address the concern they had. Parking during street sweeping hours is not an issue for them. They have plenty of places tp move their cars between 8:OO a.m. and 12:OO p.m. on the second and fourth Tuesdays. By 8:OO am., most people have already gone to work. People just forget to move their cars, or it’s a guest, or a new resident or repairman. By 8:OO a.m., probably 50% of the vehicles have already left. By 9:OO am., there’s only about 25% left on the street, which is probably no worse than anywhere else in the city. With respect to the people on Park Drive who want their street swept, with the bluff issues, and he wasn’t blaming the City entirely, because it’s not just the erosion but on Park Drive, he is not making a recommendation for Park Drive -they have their own issues that they should address to the City separately. It is not the Bristol Cove Association who dictates who get their streets swept or who has sip up. On his petition, the president of Tu ha, Linda Schaffer, signed the petition. The president of the Bristol Regency, Ruth Hinkley, and Vice-president, Scott Chasen, signed his petition. He has spoken to the president of the Bristol Cove Association, Marilyn Sbens and she doesn’t care one way or the other. That’s also true of Bob Richards who is in charge of the management company - they don’t have a position on it. Mr. Biernacki stated that one of his concerns is that people on Park Drive will now park on Marina Drive ifthe signs are removed. But he feels they can deal with it. They still want their streets swept. They are all concerned about what goes down their storm drain. Chair Dorsey asked if their position was that the signs should be removed completely? Mr. Biernacki stated absolutely. He personally felt that Park Drive should be left alone. If the city did alternate days of Park Drive, it would be doing them a favor because then they would be disinclined to park on Marina Drive. Bristol Regency is right on the corner and takes up a substantial comer there; it is not a big concern of theirs. It doesn’t take much to take the signs down; it doesn’t take much to put the signs back up if a year from now, they don’t like it; it’s just not a big deal. It was unanimous that they take the sweep signs down, not a single objection on Marina Drive. Closing Public Testimony, Chair Dorsey asked Jape Strommer, Carlsbad’s Environmental Programs Manager, to explain the purpose of street sweeping. Jape Strommer stated that if the sweeper cannot get to the curb and gutter, it’s almost completely ineffective to catch the sediment and debris, because that’s where most of that accumulates and then October 3,2005 Traffic Safety Commission Meeting Page 8 is washed into the curb inlets and so on. They’re finding this problem across the city where right now they are reviewing their street sweeper contract and looking at it under the permit and requirements. Because street sweeping is one of their “best management pmtices”they are required to implement this under the NPDES permit. An annual report is made to the Regional Board, and last year, under the Street Sweeping Program, Carlsbad removed almost 2,000 tons of sediment and debris. That’s what they kept from going into the lagoons and ocean. Ms. Strommer said this issue is becoming more and more important for all coastal cities. Last year, Carlsbad was compared with other coastal cities in the American Sweeper Magazine as using street sweeping as an important “best management practice” for removing these pollutants. It is especially important around the lagoons because that is where most of the discharge goes. Thm are very few outlets that go right to the beach; most of them go right into the lagoons. Agua Hedionda Lagoon is one that the Regional Board has listed on the Federal 303D list as being impaired for sediment. According to the Regional Board, this lagoon does not meet the state water quality standards. So this is going to actually put more and more pressure and restrictions on Carlsbad in the very near future through a different regulatory process called the Total Maximum Daily Load (TMDL) in the 303D process. The requirement is more stringent in areas that are around water bodiesthat are impacted or impaired. This should become more and more of an issue, and Ms. Strommer felt that the Public Works Department and especially Streets and Maintenance is looking at how to make this sweeping program more effective throughout the city. Signs are one of the ways and with cars being parked at the curb line, sweepers are almost ineffective. When sweepers go around the car, all that debris stays right there. It’s a difficult thing because when you deal with signage you deal with enforcement, and people need to park on the street or park somewhere or move the vehicle. That’s something staff is looking at. It is something that staffwants to optimize and they don’t quite have the answer for on how to do it throughout the whole city. She feels it is especially important around the lagoon areas, because most of the street areas have inlets and outfalls that go directly into the lagoon. That is one of the last places to catch debris before it goes out in the waters. Commissioner Bradshaw asked if the City has ever paid out NPDES fines. Ms. Strommer stated that they have not received fines, but have received notices of violation. The fine fiom the Regional Board is $10,000 per day per violation. The EPA has at least a $25,000 per day per violation fine. Carlsbad pays that much annually for their fee, and Carlsbad has a $1.3 million program that’s in place now annually for implementing the permit. It’s expensive. All the jurisdictions are in the process of getting a new permit and they expect the Regional Board to try to push for more stringent requirements. It is not just the cities - Caltrans is one of the agencies that is going to be covered under the TMDL and these permitting processes. It affects anyone that has storm water run-off discharged to surface water bodies. October 3,2005 Traffic Safety Commission Meeting Page 9 Commissioner Roney asked Lt. Rawson if the policing effort was any different in that area compared to other areas of the city when they are enforcing the laws? Lt. Rawson stated that this area and downtown are a few of the places that the no parking on street sweeping day signs are posted. It appears that it is more concentrated there because the signs are in place and they are not in an area where the sweeper is sweeping on all days. There are only certain areas that have signs posted; therefore, there are only violations within those posted areas. Vice-Chair Gardner stated that she used to live off of Park Drive and she observed boats parked there quite often. It was her concern that when you have a vehicle sitting for a long period of time, it actually collects more dirt and debris than the vehicles that come and go. She asked if there still are several boats involved with sitting there for periods of time. Lt. Rawson stated that he had no direct information about how long the boats remained there. He stated that they give a number of citations each month for unattached trailers. If you leave your boat on the trailer, it is a ticket to leave it there. If the trailerhoat combination is there for more than 72 hours, it is enforced by being towed out of the area. The citations for the trailer comes with a higher fine than just the street sweeping citations and having them towed every three days has discouraged a number of the historical references to the boats and trailers being left in that area. Mr. Biernacki asked if he could respond to some of the comments being made. Chair Dorsey stated that technically he should not, but he would allow Mr. Biernacki to make a brief comment. Mr. Biernacki stated that he was concerned about the lagoon. He knew that you could only park on the street for 72 hours before you had to move your vehicle, so nobody could store their vehicles in the street. Regarding the condition of the street, he stated that he brought to the attention of an enforcement office to look at the street - it hadn't been cleaned for two weeks, and it was spotless. They do not get sediment on Marina Drive like you do elsewhere such as Park Drive and Cove Drive which are separate issues. Their streets are clean. Commissioner Bradshaw asked if they removed the signs on Marina Drive would the impact be nothing, and would the street sweepers be able to go in there and do their job? P October 3,2005 Traffic Safety Commission Meeting Page 10 Mr. Biernacki said that they could do the same job as they do in most of the city, that if there are a few cars there, they have to go around them. But if you’re doing it twice a month, he’s most likely to get the whole street. Nobody parks on Bayshore Drive. Very few cars during the course of the week park there. Chair Dorsey asked Lt. Rawson how many motorcycle officers they had? Lt. Rawson said there were six. Chair Dorsey stated that his first inclination was to acquiesce to Mr. Biernacki’s request, but he suspects that if that happened, everybody from Park Drive would drive around the corner to avoid having to go wherever they have to go, and you would be right back where you started. At the same time, if there isn’t that much parking on the street at that time in the first place, how difficult is it to sweep adequately around the cars that are there? Only the street sweeping operators or parking enforcement officer knows. Mr. Johnson stated that prior to staffs recommendation, they met with CSO Field who has been the parking enforcement police officer for ten years. Her issue to that question is that the schedule is very tight each day because the sweeper has to do the entire forty miles of the city every week. Each part of the city gets swept twice per month. It is not as ifthe street sweeper can come back in an hour or six hours later and sweep it when everyone has left for the day. That appears to be consistent with what the Streets Department has told staff when preparing this report. Chair Dorsey asked what the general discussion was at the Traffic Safety Coordinating Committee on this issue? Mr. Johnson said that there were a number of options that were included in the staff report to the Traffk Safety Coordinating Committee. The Traffic Safety Coordinating Committee held the same sentiment as was being discussed here about concerns for the quality of the water, and the efficiency and effectiveness of the street sweeping if vehicles were parked in this location. This is one of the locations in the City where there are a numbers of vehicles that are parked in the area. It is adjacent to the lagoon and it was the Committee’s recommendation and decision that it should be approached this way by leaving the signs on Marina Drive, but trying to work with the residents by altering the schedule on Park Drive. Park Drive will still be swept but instead of being the second and fourth Tuesday, it might be on the following Wednesday. One-half of the street will be swept on Wednesday and the other half of the street on a different day. It will still have the same number of days of street sweeping, it would just be a different day of the week. It would be a little bit of an adjustment, but the Streets Department crew that handles the contract feels it could be worked out. October 3,2005 Traffic Safety Commission Meeting Page 11 There would have to be some adjustments in the schedule to make it work since the sweeper is currently in the area on set days. As Lt. Rawson stated, the sweeper has to do the entire city, so the sweeper is moving around. Mr. Biernacki commented from the audience stating that they gave the city the power to put the signs up, but now they don't have the power to take the signs down. Mr. Johnson stated that if the Commission would like Mr. Biernacki to be allowed to continue with comments, they would have to grant him permission to return to the podium so his comments could be recorded. Mr. Johnson stated that at these meetings it is not a debate. The public has their opportunity to present their information and the Commission asks questions of staff' before they discuss it among themselves. Chair Dorsey stated that the time for Public Testimony was over, and it was now time for the Motion to be voted on. MOTION: ACTION: Motion by Commissioner Roney, and duly seconded by Commissioner Bradshaw, to recommend that the option to alter the street sweeping schedule on Park Drive be explored further to allow parking on one side of Park Drive at the same time that Marina Drive is being swept. It is further recommended that the existing signs that designate the parking prohibition on Marina Drive during street sweeping not be removed. VOTE: 4-0-0 AYES: Dorsey, Gardner, Roney, Bradshaw NOES: None ABSTAIN: None Mr. Johnson stated that Item 6B h an all-way stop on Hosp the December meeti October 14, 2005 Bob Johnson PW - Engineering RE: Marina Drive - Request to remove sinns that prohibit on-street parking during street sweepinn hours. THE ABOVE ITEM HAS BEEN APPEALED TO THE CITY COUNCIL. According to the Municipal Code, most appeals must be heard by the City Council within 30 days of the date that the appeal was filed. (REMINDER: If the notice requires a public hearing, the item will not be noticed in the newspaper until the agenda bill is signed off by the City Manager and the City Attorney). Please process this item in accordance with the procedures contained in the Agenda Bill Preparation Manual. If you have any questions, please call. Assistant City Clerk, 760-434-2917 Copies To: Glenn Pruim, Engineering City Manager City Attorney Enclosed: Copy of appeal Copy of agenda The appeal of the above matter should be scheduled for the City Council Meeting of Signature Date Deal Notice to DeFwoc 1200 Carlsbad Village Drive Carlsbad, California 92008-1989 (760) 434-2808 CITY OF CARLSBAD TRAFFIC SAFETY COMMISSION MONDAY, OCTOBER 3,2005 CITY COUNCIL CHAMBERS - 3:OO P.M. 1200 CARLSBAD VILLAGE DRIVE - 1. 2. 3 4. 5. 6. 7. 8. 9. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES ORAL COMMUNICATIONS Comments from the audience on items not listed in the agenda will be heard at this time; however, no action will be taken by the Commission until the matter is placed on a future agenda. Please limit your comments to three (3) minutes. (A total of five [5] speakers will be heard.) Fifteen minutes is provided for the public comment portion of the Agenda. PREVIOUS BUSINESS NEW BUSINESS A. Marina Drive - Request to remove signs that prohibit on-street parking during street sweeping hours. 8. Hosp Way intersection with Wintergreen DriveIGrove Avenue - Request to establish an all-way stop. C. Establish a new Carlsbad municipal code section to allow the Police Department's special enforcement unit (SVP members) enforcement authority for municipal code parking violations. REPORT FROM TRAFFIC SAFETY COMMISSIONERS REPORT FROM TRAFFIC ENGINEER ADJOURNMENT II , ’ C\NOFCARLSBAD ’ CITY CLERK‘S OFFlCE I I m $4 November 9,2005 TO: CITY MANAGER FROM: Deputy City Engineer, Transportation APPEAL OF TSC RECOMMENDATION TO CITY COUNCIL Brian Biernacki’s appeal of the October 3, 2005 Traffic Safety Commission recommendation regarding no parking street sweeping signs will be heard by the City Council on November 15,2005. The Commission recommended: do not remove signs on Marina Drive that prohibit on-street parking during street sweeping hours. 0 consider altering the Park Drive street sweeping schedule to stagger parking on each side of the street during street sweeping hours on two consecutive days. After the agenda bill was submitted to process this appeal, I received an e-mail on October 26, 2005 from the Bristol Cove Property Owners Association (copy attached). They are requesting that no changes be made to the Park Drive street sweeping schedule. Mr. Biernacki has expressed reservations about altering the Park Drive street sweeping schedule. In light of the Bristol Cove Property Owners e-mail request, and Mr. Biernacki’s reservations regarding Park Drive, I will recommend to the City Council on November 15, 2005: a deny Mr. Biernacki’s appeal to have signs on Marina Drive removed. 0 staff will not consider altering the street sweeping schedule on Park Drive (the Commission recommendation was for consideration be given to altering the street sweeping schedule on a portion of Park Drive near Marina Drive). ROBERT T. JOHNSON, JR., P.E. Deputy City Engineer, Transportation RTJ:jd Attachment c: Acting Public Works Director From: "Richard T. Gibson" <RickGibson@champs-sd.com> To: <B JOHN@CI .CARLSBAD.CA. US> Date: 10/26/2005 3:36:42 PM Subject: Street Sweeping on Cove, Park, and Marina Drives Mr. RobertT. Johnson, Jr. Deputy City Engineer of Transportation City of Carlsbad Dear Mr. Johnson: I write at the request of the Bristol Cove Property Owners Association, a master association with jurisdiction over 71 lots located on Cove, Park, and Marina Drives, representing about 285 living units and generally know as Bristol Cove. The Board has been made aware of the Department of Transportation's recent recommendation offered to accommodate a resident on Marina Drive; i.e. change street sweeping on Park Drive to alternate sides on each successive Tuesday of the month. The Board of Directors has considered the matter and passed a resolution by unanimous consent without a meeting favoring status quo; Le. keeping the current schedule of street sweeping both sides of the street on the 2nd and 4th Tuesdays of each month. Their rationale is to minimize confusion by residents and to recognize that parking on the southwest side of Park is extremely limited due to driveways, thereby minimizing any benefit of sweeping each side of the street on alternate weeks. I am the Managing Agent for Bristol Cove and would appreciate being informed of any meetings or hearings relative to street sweeping and any other issues impacting the community. Thank you in advance for your consideration of Bristol Cove's position on this matter. Respectfu Ily , Richard T. (Rick) Gibson PresidentlOwner CHAMPSKhe Kelly Group 5731 Palmer Way - Suite 6 Carlsbad, CA 92008 mail to: r ickg i bson @ch am ps-sd . com (760) 603-0501 FAX 603-0505 cc: <nash4mrl@aol.com>, "Marilyn Stemen (E-mail)" <mdstemen@aol.com>, "Neal Vance (E-mail)" weal@-manage-i-t.com>, "Scott Chasin (E-mail)" <scottchasin@sbcglobal. net> "David Turner (E-mail)" <davidturner@adelphia.net>, "John Nash (E-mail)" Appeal of Traffic Safety Commission Recommendation of October 3, 2005 Citizen RequestŠRemove Marina Drive SignsŠOn-street parking prohibitionŠStreet sweeping hours Street Sweeping Sign Aerial View of Marina Drive Marina Drive Road Layout Marina DriveMarina Drive BackgroundŠ1991 letter from Bristol Cove Property Owners’ AssociationŠStreet Sweeping Ability Street Sweeping PurposeŠRemoves Trash/DebrisŠMinimizes undesirable material into storm drainŠProtects downstream bodies of water Brian BiernackiConcernsŠInconvenient to move vehiclesŠCitations have $50 fineŠNot all areas of City have street sweeping parking restrictions Detailed explanation by Carlsbad’s Environmental Programs Manager at Traffic Safety Commission (TSC) Meeting TSC RecommendationŠDo not remove signs on Marina DriveŠInvestigate alternative street sweeping days on Park Drive Bristol Cove Property Owners’ AssociationŠE-Mail received October 26, 2005ŠDo not change Park Drive street sweeping schedule Staff RecommendationŠDeny AppealŠMaintain status quo