Loading...
HomeMy WebLinkAbout1994-03-07; Traffic Safety Commission; MinutesMINUTES MEETING OF: TRAFFIC SAFETY COMMISSION DATE OF MEETING: March 7, 1994 TIME OF MEETING: 3:OO p.m. PLACE OF MEETING: Clty Council Chambers CALL TO ORDER: Chairman Green called the Meeting to order at 3:OO p.m. ROLL CALL: Present: Commissioners Green, Blake and Stachoviak. Absent: Commissioner Courtney arrived at 3:02 p.m., and Commissioner Anear arrived at 3:03 p.m. Staff Members Present: Bob Johnson, Traffic Engineer Jim Murray, Associate Engineer Sgt. Don Metcalf Officer Kelly Cain APPROVAL OF MINUTES: On motion by Commissioner Courtney, the Traffic Safety Commission approved the Minutes of the Regular Meeting held February 7, 1994, as amended. AYES: Green, Anear, Blake, Courtney and Stachoviak ORAL COMMUNICATIONS: Thelma Hayes, 580 Laguna Drive, gave a history of the Pedestrian Action Plan and told of significant events that have contributed to pedestrian safety in Carlsbad. She stated she had certain things she would like to ask of the Commission, as follows: Have the Commissioners visit every school to learn where sidewalks still need to be installed to provide safe walking within a half-mile radius of school grounds; with regard to the elderly, a follow-up on one senior project-St. Francis Court--where a CUP was allowed to reduce the parking and increase the density because shops were within walking distance. Walk to the post office from that location, where much of the walking must be done in the street. On Madison Street, there are almost no sidewalks; on the south side of Laguna, there are none to Roosevelt. At that comer, there are no sidewalks on either side of Roosevelt. On Roosevelt north of the post office, there are no street lights. Mrs. Hayes said she would like the Commission to be aware of the balance in the Sidewalk Construction Fund and plan for its use each year. Lastly, Mrs. Hayes requested that in the future, the March agenda of the Traffic Safety Commission always carry an item on the evaluation of the Pedestrian Action Plan. In conclusion, Mrs. Hayes thanked the Commission for the contribution their work gives to the City. March 7, 1994 TRAFFIC SAFElY COMMISSION Page 2 ORAL COMMUNICATIONS: (Continued) Chairman Green commented that last month this Commission approved a request to the San Diego Association of Governments for FY 94/95 TDNransNet funds in the amount of $588,261, for sidewalks. Mr. Green told Mrs. Hayes that her work for the City is appreciated. PREVIOUS BUSINESS: Bob Johnson reported that Commissioner Stachoviak had requested a report on the striping of the entrance to the Price Club. Mr. Johnson stated that staff has contacted the Manager of the Price Club and brought this to their attention. They will investigate the striping of that street. NEW BUSINESS: A. Tamarack Avenue - Interstate Hiahwav 5 to Skvline Road - Request to establish a 30 mile per hour prima facie speed limit. Bob Johnson gave the staff report as contained in the agenda bill, using transparencies to show the segment of Tamarack affected and the Engineering and Traffic Survey. He stated that the concept of a speed zone is to establish a speed limit that is reasonable and safe that people operating a vehicle will obey by driving in a reasonable and prudent manner. The laws are established to protect the public and to regulate the unreasonable behavior of some of the public when they exceed speed limits. Most people are considered to be reasonable and prudent and that they will drive their vehicles in that manner. The California Vehicle Code requires certain criteria when establishing a prima facie speed limit, and one that will be complied with by the majority of the drivers. When a speed limit is not legally enforceable, the public will lose respect 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 be conducted, and that survey was done, with a copy provided to the Commissioners. Tamarack from 1-5 to Skyline Road is a residential collector street, with a width varying from 44 to 76 feet, 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 artificially lowered. This portion of Tamarack Avenue does qualify as a residential area-but the requirements of the Code are not met for that segment to qualify as a resldence district. Such a roadway must be less than 40 feet in width. The Engineering and Traffic Survey indicates the 85th percentile is 34 miles per hour at Alder and 32 miles per hour at Valley Street, and this is the speed at which 85 percent of the drivers on that street at driving at or below. At Alder Avenue, 94 percent of the drivers were driving between 28 to 38 miles per hour, and at Valley, 94 percent of the drivers were driving from 25 to 35 miles per hour. The accident history is low--with six out 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 in accordance with the Survey and the California Vehicle Code, the speed limit must be set at no more than five miles below or above the 85th percentile. A letter was received by Mr. Johnson from Robert E. Shaw, 1165 Tamarack Avenue, protesting the increase from 25 miles per hour to 30 miles per hour. 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 the speed limit only if that speed limit is reasonable and prudent and does not constitute a speed 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 to 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 Catrans is very clear on how school zone signs can be posted. Chairman Green stated he was having difficulty with this speed limit, as there are school children 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 because a street is posted at 30 miles per hour, that does not mean that drivers must go that speed. Again, the basic speed law is the law that must be obeyed. Commissioner Courtney asked Sgt. Metcalf for clarification of this issue, stating that staff is not talking about what we would like to have and what is safe for children; but that we are talking about doing this as a legal maneuver to actually slow the traffii down. At the present time, the Police cannot enforce the speed limit in court. If the speed is legally posted, the Police can enforce it and can slow the traffic down. Sgt. Metcalf replied that Commissioner Brandenburg is here from the San Marcos Municipal Court, to share his information. If an area is posted at a speed limit that cannot be enforced, the drivers will drive at any speed they choose, and unless they are going Over 55 miles per hour, or not driving as a reasonable and prudent driver, the Police cannot give them a ticket. Posting speeds at the legal limit is for the safety of the children to keep the drivers from driving whatever speed they choose. In reply to query about the proper amount of enforcement, Sgt. Metcalf replied that the accident rate in Carlsbad has been reduced approximately in half, due to the fact that the Police pick out areas that are dangerous and go into those areas and slow the drivers down. If this speed limit is put in place, the Police will deal with it and take care to slow the people down. The speed limit posted on Tamarack is unenforceable and the speeds are going up and will continue to go up until it is remedied. In school areas where there were speeding problems, the Police have gone 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 Bob Johnson said they were due mostly to speeding and were rear-enders. The Police can issue 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 that this is a heavily traveled corridor for elementary, junior high and high school pedestrians, bicycles and vehicles as a route to school, admitting that this is a very heavily traveled route. This is a serious concern to Mr. Stachoviak, as he feels a fence will not keep the children off of that street. 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 and high school. There are different philosophies, depending on the type of school pedestrians that 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 half way down the hill and see the green light at Adams and speed up to beat the light. Mr. Johnson said there is no way to comment on that, as a reasonable driver will drive in accordance with the basic speed law. Some drivers will try to beat the green light no matter where they are; that happens at all traffic signals in all areas. Commissioner Anear stated that on Hillside at the school, before you get to Kelty Drive, there is a sign that says the speed limit is 25 miles per hour when children are present, and there is no gate in the fence. He asked whether that could be posted in this area, if it is legal. Mr. Johnson said there is criteria for posting signs, and he would check into whether it would be possible there, but he felt such a sign could not be posted there. Commissioner Anear inquired of Sgt. Metcalf whether only accidents involving injuries are reported, and Sgt. Metcalf replied that they take reports on all accidents and copies are sent to 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 what impacts taken into consideration when a site use changes. Mr. Johnson replied that roadway classifications are: collector street - 30 miles per hour design speed; prime arterial - 60 miles per hour; secondary - 40 miles per hour and a major arterial is 50 miles per hour. The classification of a roadway means that road is expected to carry a certain volume of traffic at a certain speed. Spot zoning for one condition on a roadway is not done. This particular segment of Tamarack is an older segment, so it has some characteristics which would not be approved under today’s design criteria. Chairman Green opened the meeting for public comment. Robert Morrison 3891 Highland Drive, stated he lives at the corner of Highland and Tamarack, and said that people do not stop at the stop sign there. He said he has a difficult time getting out of his driveway, as the cars are traveling so fast that they come upon him as he starts to pull out and will not let him out. He said that if the speed limit is raised, the drivers will go faster. Mr. Morrison stated he is concerned about the children walking in that area and playing around while waiting for the bus. Mr. Morrison stated he has complained to the school and the NCTD about the children’s behavior. Staff requested that Commissioner Brandenburg be allowed to speak at this time, as he is due back ’in Court. Commissioner Brandenburg, 338 Via Vera Cruz, San Marcos, representing the Municipal Court, stated he is a public servant and has a courtroom full of people waiting for his return. He said he understood the frustration of the people and the law enforcement officers, as he has 30 or 40 of them a day in his courtroom. March 7, 1994 TRAFFIC SAFEPl 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 Commissioner Courtney for his attitude, and said that the court’s hands are tied since the Goulet decision. That 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 what the traffic survey will support. When it is”the judges have to throw the cases out. It is a matter of being able to enforce the speed limit. In this instance, if the speed limit is left at 25 miles per hour, the courts can’t enforce it. This would be asking him to enforce a speed limit that he knows is illegal. The speed survey has to be brought into court by the officer and that survey will not support an illegal speed-in this case, 25 miles per hour. At 30 miles per hour, the officers are able to enforce the speed, and the judges can also enforce the tickets. Mr. Brandenburg stated there is no way to get around those facts. In repty to query from the Commissioners on the speeds to be ticketed, Mr. Brandenburg stated the deciding factor is an unsafe speed, and this can be too slow as well as too fast, and depends on the testimony of the officer as to whether the speed was unsafe. Also, radar cannot be used 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 that street, 30 miles per hour is justified. He has to enforce this and based on the survey, this would 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 is more than law4 is case law from the Appellate Court, and the local legislators would have to initiate any action to reverse that and the series of law surrounding the case. He said that would be very difficult to do. Commissioner Courtney inquired whether it is true that the procedure of setting speed limits to 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 all day in this area. The school children walk up Tamarack to go to the different schools in the area, and with all the houses in that area it deserves to be considered a residential area She said she teaches school in Carlsbad and would not trust her children to walk to school in that area. As far as the traffic signals, they are monsters. The people race to beat the yellow light or run them 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 they can to enforce the laws. He said that Carlsbad does have a very excellent Police Department. Andrew Ferris, 3886 Valley Street, stated he has lied there 31 years, and felt that by raising the speed limit to 30 miles per hour to give the Police Department something they need won’t give the citizens the safety they need, especially the children crossing the street there. He said that at 25 miles per hour it takes 62 feet to stop, and at 30 it will take about 73 feet to stop. Mr. Ferris said that when the City was trying to widen Tamarack, it was declared a residential area, and now it is not. He asked when it changed and what made it change--the fence along Tamarack? He asked the Commission to reconsider the speed limit. 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 crosswalks in the area, and if the speed is increased, it will be more hazardous. There are children and adults in that area during school hours and after hours at the different functions that are going on at the schools. Ms. Moore said she also has trouble getting out of her driveway. She said she would support the 30 miles per hour if the Police would regulate it. Jane1 and Kristi Stan; 1619 Tamarack Avenue, both told of the difficutty in crossing Tamarack because the drivers won’t stop to allow the children to cross the street. Boots Tibbis, 1721 Tamarack, stated she has lied there for 23 1/2 years and the traffic is getting heavier and faster every day. She said that the area by the Vons store is not a truck route, but there are trucks there all day long. Ms. Tibbiis stated she also has trouble getting out of her driveway and feels that this area should be considered a residential area with a 25 mile per hour speed limit. Officer Kelly Cain, Carlsbad Police Department, stated he is an accident investigator, and is certainly pro-enforcement, safety and slow driving. However, in California what is Yair‘ is not the law to be enforced, but the decision handed down by the Appellate Court. If this segment of Tamarack is left at 25 miles per hour, the people have to drive over 55 miles per hour before they can get a citation. The only thing that slows people down is seeing Police present giving tickets. Warnings do not work--tickets do. Officer Cain said if the Police are not given the tools, they can’t do the job, and if this area is illegally posted, the Police can not issue tickets and can’t make it a safer area for the children and adults. This is now case law and it is all that the Police have to 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 this is a complex area, and changing the speed limit will not make a total change. However, with the stop signs, crossing guards and speed limit change, these are steps in the right direction. He said it would be difficult to tell people they cannot park in front of their houses. Sgt. Metcatf explained that a speed limit must be posted within a 5 mile per hour variance from the 85th percentile. He said that you cannot use radar if the speed limit is unenforceable in an area, and the only other way to write tickets is by pacing. This is very difficut to do, and the Police write very few tickets by pacing. The majority of the tickets are written by radar, and the 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 this proposed speed limit in the school zone on the satement that a fence will protect the children from Highland to Park Street. Commissioner Courtney said he was sony some of the people had to leave the meeting and did not hear the comments of the Police Officer. Mr. Courtney said he has been very active in youth sports in Carlsbad for many years and is concerned about the safety of the children crossing the streets after school hours and weekends. He felt they are probably safer during school hours because there are crossing guards. There are legal requirements from the State of California that specify what constitutes different speed zone area, and this area does not qualify as a residential district. Therefore, having the area posted at 25 miles per hour is meaningless, because the Police cannot enforce that speed, leaving the speed limit in the area at 55 miles per hour. March 7, 1994 TRAFFIC SAFETY COMMISSION Page 7 NEW BUSINESS: (Continued) Mr. Courtney said the Commission has a chance to slow the traffic down by posting the legal speed. Once the speeds are slowed down, because they can be enforced, then another traffic survey can be done with the hope of then reducing the speed limit to 25 miles per hour, if that is within the 85th percentile. The first step is to establish a speed limit that can be enforced. Mr. Courtney said he strongly supports the 30 miles per hour speed limit and solicited his fellow 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 85th percentile and the court ruling. He said he is concerned about the children that walk in that area. Mr. Green indicated he would vote for this speed limit with great reservations, and would ask the Police Department and the City to enforce the speed limit on that street. ACTION: On motion by Commissioner Blake, the Traffic Safety Commission adopted the recommendation of the Traffic Safety Coordinating Committee based on the Engineering and Traffic Survey and in accordance with the Catrans Traffic Manual, establish a prima facie speed limit of 30 miles per hour upon Tamarack Avenue from Interstate Highway 5 to Skyline Road. AYES: Green, Anear, Blake and Courtney NOES: Stachoviak Commissioner Stachoviak stated that he opposed this speed limit of 30 miles per hour along the school area from Highland to Valley, as he feels this should be 25 miles per hour when the school is in session. Bob Johnson stated he will investigate the legality of any additional signage in the school area. B. Traffic Sianal Evaluation Policv UDdate - Request for comments and recommendation Associate Engineer Jim Murray gave the staff report, stating this is an update of the 1992 Traffic Signal Evaluation Policy, and giving the background of the policy. In response to query regarding the signals newly installed on Carlsbad Village Drive, Bob Johnson stated that is still a construction area and the final traffic signal loops have not been installed. When the construction is finished, the signals will be timed properly. As to the qualifications for those signals, Mr. Johnson stated that the City Council directed the installation of the signals as part of the Streetscape. Signals can be installed as part of a development, or as in this case, part of the Streetscape, which was planned prior to 1988. Mr. Johnson stated that the traffic signals will not necessarily be installed in the order they are listed in the report, as the City Council sets the policy. ACTION: On motion by Commissioner Courtney, the Traffic Safety Commission adopted the recommendation of the Traffic Safety Coordinating Committee for the 1994 Traffic Signal Evaluation Policy, including the Signal Qualification List, be adopted by the City Council. AYES: Green, Anear, Blake, Courtney and Stachoviak March 7, 1994 TRAFFIC SAFETY COMMISSION Page 8 REPORT FROM TRAFFIC SAFETY COMMISSIONERS: Commissioner Blake inquired about the right turn lane on Tamarack at El Camino Real, and Mr. Johnson stated this is scheduled for the April Commission meeting. He explained that the Engineering Department has a heavy work load and items have to be ranked by urgency and the time to do traffic studies. Chairman Green stated that at Calavera Hills Park, there is parking along Glasgow where the street is only half-improved, and yet there is plenty of parking available in the parking lot. Officer Cain replied that when the jazz concerts were given last summer, this was a major battle. However, the Police only act upon complaints unless there is a safety issue, visibilii problem or handicapped parking impeded. Officer Cain said he would make a note for the Police to watch this particular area. REPORT FROM TRAFFIC ENGINEER: Bob Johnson reported on the request for an update on the Streetscape program, and said he was happy to report that it is on schedule, with completion due by the end of April. He reiterated that the delays on the traffic signals on Carlsbad Village Drive will be eliminated when all the loops are installed. There will be a traffic signal coordination plan developed after construction is completed. Mr. Johnson said the request by Commissioner Anear to paint more red curb on Pi0 Pic0 at Carlsbad Village Drive is under study. This was logged in as a traffic request and an analysis will be made and sent to each Commissioner. ADJOURNMENT: By proper motion, the Regular Meeting of March 7, 1994, was adjourned at 5:15 p.m. Harrim"Babbii Minutes Clerk