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CC 2015-08-25_11a Resolution_Farroll Ave Speed LimitsMEMORANDUM TO: CITY COUNCIL FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT BY: MATI HORN, CITY ENGINEER SUBJECT: CONSIDERATION OF FARROLL AVENUE SPEED LIMITS DATE: SEPTEMBER 08, 2015 RECOMMENDATION: The Traffic Commission recommends the City Council review the status of the roadway signage and posted speed limits on Farrell Avenue and: 1) Direct staff to remove school zone signage on Farrell Avenue between Elm Street and Oak Park; and remove senior facility signage on Farrell Avenue between Elm Street and Oak Park and 2) Adopt a Resolution establishing the speed limit on Farrell Avenue from Halcyon Road to Oak Park Boulevard. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: A minor amount of staff time will be incurred to revise roadway signage. This work effort is not related to the Critical Needs Action Plan. BACKGROUND: At the February 10, 2015 City Council meeting, a member of the public, Dr. John R. Ziomek spoke during public comment and submitted a letter requesting that the established speed limit on Farrell Avenue between Elm Street and Oak Park be revised. At that time, the City Council directed staff to review this issue. Dr. Ziomek's letter included as an attachment part of a San Luis Obispo Superior Court's Ruling and Judgment of Not Guilty after Trial concerning a vehicle code infraction for speeding. The facts contained in the Ruling and Judgment of Not Guilty after Trial indicate that Dr. Ziomek received a speeding ticket on Sunday, November 2, 2014 on Farrell Avenue between Elm Street and Oak Park. Dr. Ziomek was traveling approximately 45 MPH (obtained from radar gun) in an area of road with a posted speed limit of 25 MPH. The Judgment indicates that the Court has evaluated the roadway signage and determined that it was in compliance with the California Manual for Uniform Traffic Control Device (MUTCD) 2014 edition. The ticket was dismissed, however, since the Court stated it had not been presented with information concerning the City's determination to implement the prima facie or statutory speed limit on this section of Farrell Avenue for a Senior Facility. It should also be noted that between December 2013 and March 2014, staff updated Item 11.a. - Page 1 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE2 radar survey information for 37 road segments , which were presented to the Traffic Commission on April 28 , 2014. On May 13 , 2014 , Council adopted a Resolu ti on certifying the radar speed survey results and establishing revised speed limits . Area of Senior Facility This item was reviewed by the Traffic Commission on April 20 , 2015 . The Traffic Commission 's advisements are included as the recommendations of this report . ANALYSIS OF ISSUES: Although trial court rulings are not precedential in nature, based upon Dr. Ziomek 's letter and the City Council 's direction , staff has evaluated the speed limits on Farrell Avenue in relation to his complaint and the Court 's ruling. Based on the MUTCD , the posting of a speed limit sign constitutes a determination . Additionally , since the change in speed limit was completed to return to prima facie statutory speed limit , an Engineering and Traffic Survey is not required. Unfortunately , several provisions in the California Vehicle Code are not consistent within itself and not consistent with the MUTCD. The MUTCD defines posted speed limits and provides the standard application of speed limits : posted speed limit -a speed limit determined by law or regulation and displayed on speed limit signs . The California Manual for Uniform Traffic Control Devices states that: Item 11.a. - Page 2 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE3 The setting of speed limits can be controversial and requires a rational and defensible determination to maintain public confidence. Speed limits are normally set near the a5th percentile speed that statistically represents one standard deviation above the average speed and establishes the upper limit of what is considered reasonable and prudent. As with most Jaws, speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits cannot be set arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public. Speed zones (other than statutory speed limits} shall only be established on the basis of an engineering and traffic survey (E& TS} study that has been performed in accordance with traffic engineering practices. The engineering study shall include an analysis of the current speed distribution of free-flowing vehicles. The 2014 California Manual for Setting Speed Limits by the California Department of Transportation states: Prima Facie Speed Limits by Statute CVC Section 22352 sets the prima facie speed limits in California. The term "prima facie", as used in the eve, is a speed limit that applies when no other specific speed limit is posted. It is a Latin term meaning "at first face" or "at first appearance". It sets two speed limits covering six classes of location. The first speed limit is 15 mph; and it is applicable to uncontrolled railway crossings; blind, uncontrolled intersections; and alleyways. The second speed limit is 25 mph; and it is applicable to business and residential areas without other posted speed limits; school zones, and areas immediately around senior centers. Based on this guidance, the prima facie speed limits are set by statute and are the base line speed limit. If, however, it is appropriate to change a speed limit from the prima facie statutory speed limits an Engineering and Traffic Survey must be completed. The California Vehicle Code section 22352(b), also includes a provision related to senior facilities and provides that they are in the 25 MPH prima facie speed category when properly signed: 22352. The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (b) Twenty-five miles per hour: (1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. Item 11.a. - Page 3 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE4 (2) When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Pedestrian Safety Account pursuant to Section 894. 7 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources. It appears that the Judge's ruling in Dr. Ziomek's case was based upon a conclusion that " ... there was no evidence on the determination by the City of Arroyo Grande to implement the prima facie 25 per hour zone" as well as the lack of a Engineering and Traffic Survey. California Vehicle Code section 40802(a)(2), which defines "speed trap" states in part that a "speed trap" includes: (2) A particular section of a highway with a prima facie speed limit that is provided by this code or by local ordinance under subparagraph (AJ of paragraph (2) of subdivision (a) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, or school zone. Despite this language, however, staff believes that based on Vehicle Code Section 22352 to sign and enforce a senior citizen facility, the local agency must only determine that it is appropriate. Once that determination is made, even if an Engineering and Traffic Study is completed, the speed limit must be 25 MPH. Item 11.a. - Page 4 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGES 22357. (a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 miles per hour would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highway otherwise subject to a prima facie limit of 25 miles per hour, the local authority may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55, or 60 miles per hour or a maximum speed limit of 65 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The declared prima facie or maximum speed limit shall be effective when appropriate signs giving notice thereof are erected upon the street and shall not thereafter be revised except upon the basis of an engineering and traffic survey. This section does not apply to any 25-mile-per-hour prima facie limit which is applicable when passing a school building or the grounds thereof or when passing a senior center or other facility primarily used by senior citizens. (b) This section shall become operative on the date specified in subdivision (c) of Section 22366. In any case, staff has further evaluated the speeds on Farrall Avenue and based upon this analysis is making recommendations for improvement. Area of Analysis Based on Council direction, staff initially reviewed the area in question, but determined that perhaps a larger scale review of the signage and speed limits might be appropriate. Staffs area of analysis begins on Farrall Avenue at Halcyon and terminates at Farrall Avenue at Oak Park. Item 11.a. - Page 5 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGES Farroll Avenue Area of Analysis Farrell Avenue is classified as a collector roadway connecting Halcyon Road to Oak Park in Grover Beach. Farrell Avenue provides two-way traffic with one travel lane in each direction as well as parking on both sides of the roadway. The curb-to-curb width of Farrell Avenue varies from approximately 36 to 45 feet. The posted speed limit varies traveling westbound depending on time of day and day of week starting at 25 MPH , 30 MPH , 35 MPH , 25 MPH and then finally 35 MPH. Staff reviewed roadway signage , speed survey information , and roadway widths to better understand if Farrell Avenue may be improved. Based on this information, staff believes the roadway signage could lend to confusion and posted speed limits might be better served to be more uniform. Roadway Signage Traveling westbound on Farrell Avenue at Elm Street roadway signage exists providing the driver information that they are entering a Senior Facility Zone and the posted speed limit is 25 MPH. Continuing west bound on Farrell Avenue , approximately 350 feet past Elm Street, additional signage exists that provides information that a school zone is present and the posted speed limit is 25 MPH when children are present. If Item 11.a. - Page 6 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE7 children are not present , the speed limit is still 25 MPH since the driver is still within a senior facility zone. This signage could lead to confusion . Staff recommends removing this school zone signage since this facility does not currently operate as a schoo l. Additionally , staff recommends removing the senior facility designation in this area. This senior facility tends to support a senior population that are not mobile. Based on recently obtained traffic data , staff believes that removing the senior facility designation signs will not affect traffic speeds . Vehicle traffic is widely disregarding the roadway senior facility 25 MPH designation and the a5th percentile vehicular speeds are slightly greater than 35 MPH, the posted speed limit on the remainder of the roadway. FarrollAve Speed Limit SI~• ,, 25MPH • 30MPH e 35MPH --==---Feet 250 500 1,00 0 Display Showing Existing Signage Farrall Ave -Halcyon Road to Victorian Court Th is map dep lets where speed limlt si!,TlS are located <iong Farroll Ave, wllat tile signs read . as well as tile cond l1i ons 111cler wticll certain speed li mits are enforced (W here applicable). 1\ A Farrall Avenue from Halcyon Road to Victorian Court is adjacent to Harloe Elementary School with a posted speed limit of 30 MPH unless children are present and then the posted speed limit is 25 MPH. This roadway section width is less than 40 feet wide from curb to curb therefore qualifying for prima facie speed limit of 25 MPH . Based on roadway width , a5t h percentile speed information, the residential area and being Item 11.a. - Page 7 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGES adjacent to Harloe Elementary lends support for a permanent 25 MPH posted speed limit. Farrall Ave -Elm Street to Oak Park Farrall Avenue from Elm Street to Oak Park is adjacent to Grover Beach which roadway section has a posted speed limit of 35 MPH. The 85th percentile speeds information correspond to either a posted speed limit of 35 MPH or 40 MPH. 35 MPH is recommended for this roadway section to be consistent with Grover Beach's speed limit and correspond more closely to the actual measured speeds. Farrall Ave -Victorian Court to Elm Street Connecting these two sections of Farrall Avenue is the portion of Farrall Avenue from Victorian Court to Elm Street. Staff recommends connecting the 35 MPH section of Farrall Avenue and the 25 MPH section of Farrall Avenue with a section of Farrall Avenue that has a posted speed limit of 30 MPH. This will allow a more gradual change in driver speeds and corresponds well with the 85th percentile speed information. Street From To Road Width 35th3 Speed Recommended MPH Farrall Ave Halcyon Victorian 36 to 39 ft 30.64 East 25MPH 28.98 West Farrall Ave Victorian Elm 43 to 45 ft 34.81 East 30 MPH 32.64 West Farrall Ave Elm Oak Park 43 to 44 ft 35.77 East 35 MPH 37.57 West Item 11.a. - Page 8 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE9 Proposed Speed Limits Display showing recommended speed zones ALTERNATIVES: The following alternatives are provided for the Council 's consideration : • Approve Traffic Commission 's recommendations; • Do not approve Traffic Commission 's staff recommendations; or • Provide direction to staff. ADVANTAGES: Approving Traffic Commission 's recommendations will remove roadway signage that may lead to driver confusion . Revising roadway speed limits will provide consistent posted speed limits as well as provide for transition between different speed zones . DISADVANTAGES: None known at this time . ENVIRONMENTAL REVIEW: The project is categorically exempt from CEQA pursuant to Section 15301 (c). Item 11.a. - Page 9 CITY COUNCIL CONSIDERATION OF FARROLL AVENUE SPEED LIMITS SEPTEMBER 08, 2015 PAGE10 PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted in front of City Hall on Thursday, September 3, 2015. The Agenda and staff report were posted on the City's website on Friday, September 4, 2015. ATTACHMENT: 1. Dr. John R. Ziomek's letter 2. Traffic Commission Meeting Minutes -April 20, 2015 3. Engineering and Traffic Survey Item 11.a. - Page 10 RESOLUTION NO. A RESOLUTION .OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ESTABLISHING THE SPEED LIMIT ON FARROLL AVENUE FROM HALCYON ROAD TO OAK PARK BOULEVARD WHEREAS, the City Council of Arroyo Grande previously certified engineering and traffic speed surveys on various City streets in accordance with the requirements of the California Vehicle Code; and WHEREAS, the City Engineer prepared an Engineering and Traffic Survey for Farrall Avenue from Halcyon Road to Oak Park Boulevard dated August 28, 2015 (the "Survey"); and · WHEREAS, the Survey developed a posted speed limit reduction justification for Farrall Avenue through analysis of the currently certified vehicle surveys, in accordance with the requirements of the California Vehicle Code; and WHEREAS, the Police Chief supports the recommendations of the City Engineer, the Community Development Director, and the Traffic Commission. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande as follows: 1. The City Council, pursuant to the California Vehicle Code finds that the speed permitted by State law upon Farrall Avenue from Halcyon Road to Oak Park Boulevard is greater than is necessary for the safe operation of vehicles thereon as determined on the basis of the August 28, 2015 Engineering and Traffic Survey -Halcyon Road to Oak Park Boulevard. 2. The City Council does hereby determine and declare the speed limit for Fair Oaks Avenue as follows: Farrall Avenue (Halcyon Road to Victorian Court) Farrall Avenue (Victorian Court to Elm Street) Farrall Avenue (Elm Street to Oak Park Boulevard) 25 mph 30 mph 35 mph 3. The City Council hereby certifies the August 28, 2015 Engineering and Traffic Survey -Farrall Avenue -Halcyon Road to Oak Park Boulevard, incorporated herein by this reference, which shall be kept on file at the Community Development Department. 4. The establishment and enforcement of the speed limit listed in Section 2 of this Resolution will not become effective until speed limit signs have been posted to provide for public notice. Item 11.a. - Page 11 RESOLUTION NO. PAGE2 On motion of Council Member following roll call vote, to wit: AYES: NOES: ABSENT: , seconded by Council Member , and on the the foregoing Resolution was passed and adopted this sthday of September 2015. Item 11.a. - Page 12 RESOLUTION NO. PAGE3 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: HEATHERWHITHAM, CITY ATTORNEY Item 11.a. - Page 13 ATTACHMENT 1 :.; •. ~~~~ ~~~~~~.~ ~~~~~-................... ~/~4.~~:'. ~ ..... 1 ~r~~?r~~~J; '.~~~ · em oil: drjziomek@gmail.com Pub Ii' comi'/l.J1A 145 South Halcyon, Suite A Mayor Jim Hill Mayor of Arroyo Grande Arroyo Grande, Ca. 93420 February 10, 2015 Jf...l/Yll 7 Arroyo Grande, CA 93420 :r">•'·r·,·~1\ v•--n §~:::·:-:.., ~;: d w t:t.J 1:1 '! ~ j •,r ''ti!~; '..... ' ' ' ~. \} ~) C~T\ C!.. n ;~·'f 1·"t. (~ntt.j\~fJL ~:W'i!! 'f·' I .,,, ., ,"}fi",\ff:·:v:~:NT REQUEST FOR IMMEADIATE CEASE AND DESIST FOR TRAFFICE INFRACTIONS FOR VIOLATIONS OF 25 MPH SPEED LIMIT ON FARROLL RD BETWEEN OAK PARK BOULEVARD AND ELM STREET. Dear Mayor Hill, On November 2, 2015 at 7:00 AM on Sunday morning I was cited by an AG Officer for violation of the basics peed limit which is posted at 25 MPH. The basis of this speed limit is the purported "Senior Center FacilitV' law !n California. I challenged the ticket in traffic court on January 15, 2015 and was found not quilt. The Judge's decision is self-explanatory. The enforcement of this speed limits violates the Ca VC sec. 40802 (a) and (c) which defines a speed trap. It is the judge's decision that the 'City of Arroyo Grande and the Arroyo Grande Police are operating a speed trap on the above mentioned roadway. Therefore the City of Arroyo Grande City Council should take immediate steps to insure no further innocent citizens suffer the embarrassment and financial insult which was handed to me that morning. In addition the officer I believe violated my civils right by enforcing California vehicle Code from private church property. It is my opinion this violates the basic tenet that there must be a separation of church and state. The infraction also occurred on Sunday the Sabbath. Supposedly the officer had permission from the church to set up his speed trap on the Landmark Baptist Church property. This further fuels the idea of collusion between church and state which is in my opinion a violation of my first Amendment rights. The Landmark Missionary Baptist Church also no longer has the Central Coast Christian Academy (CCCA) on their premises. The CCCA left the property last summer yet the signage for the school still persists. It must be removed. Sincerely~ Jo~:~ Item 11.a. - Page 14 o County Superior Court x Sen Luis Obispo B b, 801 Omrul Ave. San Luis Obispo, It\ 93401 a Paso Robles Bran 549 10th Street, Paso Robles, CA 93446 a Grover Beach ~b, 214 South 16th Street, Graver Beach, CA 93433 e State of California, Plaintiff, V.· Defendant. ent of Not Guilty after Trial ---·-......... .. FSlED JAN 212015 SAN WI.., ·--i' ~ SUPE~l~R COURT BY " 1 , £f()t/J o.- Q" ~;~.-lepuiYCl~erk"1"-'-- 14C-42110 On November 2014, the defendant was cited for violating Vehicle Code §22350. The basis for the citation w Vehicle Code §22352(b )(3) which establishes a 25 mile per hour prima facie speed limit for eas adjacent to senior citizen facilities. According to the officer the defendant was travelling proximately 45 miles per hour; however, ·the defendant stated that his speed was 37 miles per h ur, 2 miles per hour over 35 mile per hour zone preceding the senior center ::--ho'llSing·area.· -·Defendant admitted he did not-see the-"Senier E!itizeil Facility'·!..stgll-abovEfthe· twenty-five · e per hour regulatory speed sign. Tlie basis for the officer's determination of speed was by of a radar device. · Vehicle Code 22352 establishes a ''prima facie" 25 mile per hour speed zqne in three situations; namely, reside :tial and business districts; school zones; and senior center or facility zones. The latter is con ' ed in subsection (b) (3) and provides that the local governing body has authority to determine t an appropriate sign be ccimplemented" to notice the zone. According to Vehicle Code §21400 e sign must conform to standards established by the California Department of Transportatio According-to the evidence it appears that the sign establishing the "senior zone" complies with e Manual ~n Uniform Traffic Control Devices, 2014 edition. The difficulty i that there was no evidence on the determination by the City of Arroyo Grande to implement the rima facie 25 mile per hour zone. This becomes important in light of Vehicle Code §40802 hich defines a speed trap. If seCtion 40802 applies and no engineering and traffic survey was ev uated in ·the process of detennining the speed zone then the officer was incompetent to testify pursuant to Vehicle Code §40804 and the defendant should be fqund not guilty. Vehicle Code · 40802 (a) and (c) defines a speed trap as any section of highway when radar is used where a • · facie speed limit is established under the Vehicle Code unless the speed limit is supported a traffic and engineering survey. The exceptions are local streets or roads and school zones. • position is supported by People v. Studley. (1996) 44 Cal.App. 4th Supp. 1, at 1 ........... -- Item 11.a. - Page 15 ~ · .. ·. -' ,·-· -. ··: ........... --.. -. '~ ;\(~'\~ ,.,, . • '-< ;: f. ... --. . ,, .0 Supp. 3, where the court stated: "[A]fter close reading of the statutes in question, we find the Legislature's , tipathy toward any radar-based prosecution of any speed law vic;ilation in any posted zone, ere the prima facie speed limit is not justified by proof of a timely engineering survey, is abso ute and unequivocal" Because no en · eering and traffic survey was introdueed the officer became incompetent to testify and ther fore tl!ere are no facts to support the speeding charge. Consequently, the defendant is fo d not guilty. Notwitbstand" g, it should be noted that it is this court's assumption that there "is in existence a traffic and en · eering study which supports the 35 mile an hour zone surrounding the senior center area. e court does not intend this ruling to mean that a separate traffic aJ]d engineering study needs to e done to support the senior facility sp~ed zone. But at a minimum. the existing study, or any ture study, should discuss the factors which justify the establishment of the, zon:e and its length. How else then could the local authority determine that ''the proposed signing should be impl mented'?" (See Vehicle Code §22352(b )(3)). Dated: Janu -----~---------~ ~-·--:. Commissioner 2 . ., Item 11.a. - Page 16 ACTION MINUTES REGULAR MEETING OF THE TRAFFIC COMMISSION MONDAY, APRIL 20, 2015 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CA 1. CALL TO ORDER Chair Ross called the meeting to order at 6:00 p.m. 2. ROLLCALL ATTACHMENT 2 Traffic Commissioners: Commissioner Aaron Henkel, Commissioner Janette Pell, Commissioner Kenneth Price, Vice Chair Jim Carson, Chair Steven Ross Commissioners absent: Staff present: 3. PLEDGE OF ALLEGIANCE None Matt Horn, City Engineer, Kevin McBride, Police Commander; Geoff English, Director Public Works; and Jane Covert-Lannon, Office Assistant II. Chair Ross led the pledge of allegiance. 4. COMMUNITY COMMENTS AND SUGGESTIONS None. 5. CONSENT AGENDA 5.a. Approval of Minutes ACTION: Vice Chair Carson moved to approve the minutes of the March 23, 2015 special meeting as submitted. AYES: NOES: ABSENT: Henkel, Pell, Price, Carson, Ross None 6. BUSINESS ITEMS 6.a Consideration of Revised Fair Oaks Avenue Striping RECOMMENDATON: It is recommended that the Commission review revised striping on Fair Oaks Avenue from California Street to Valley Road and advise the City Council to approve revised striping or maintain the existing roadway striping that is in place on Fair Oaks. · ,. Item 11.a. - Page 17 MINUTES: REGULAR TRAFFIC COMMISSION MEETING MONDAY, APRIL 20, 2015 PAGE 2 OF 5 ( -' Matt Horn, City Engineer, gave the staff presentation. Matt Horn, CE, said that the I Traffic Commission gave staff feedback at the March 23, 2015 special meeting regarding the striping. One of the suggestions was to change the lane width on the section from the Highway 101 off-ramp to Valley Road_ The recommended section is a concern because the lane width of 11 feet doesn't allow enough operational area for both vehicles and bicyclists. Staff responded to questions from the Commissioners. Chair Ross opened the public comments. Jim Dececco -Oceana School, Teacher - stated that the School district did know of the plans. He stated he was concerned about looking at the road as a conduit for cars only. Bicyclists need safe access to the Village. He stated that having a bike lane indicates that cyclists are welcomed to use the road. Upon hearing no further comments Chair Ross closed the public comments. ACTION: Vice Chair Carson moved for the approval of Class II Bike Lanes and four ten foot lanes. Commissioner Price seconded the motion and the motion passed on the following vote: AYES: NOES: ABSENT: Carson, Price, Pell Henkel, Ross None 6.b Consideration of Restricting Parking adjacent to 171 Brisco Road RECOMMENDATION: It is recommended that the Commission advise the City Council to install red curbing adjacent to 171 Brisco Road. Matt Horn, City Engineer, gave the presentation to the Commissioners. The City received a complaint concerning cars parking near the driveway entrance reducing sight distance and creating difficulties for the residents of 171 Brisco Road. Staff responded to questions from the Commissioners. Chair Ross opened the public comment. The following members of the public spoke: Tim Moore, Brisco Road stated that he likes the recommended plan and wants the south side red curbing expanded. He stated that people park up close to the driveway and when school gets out drivers cannot get out of the driveway to turn left toward the freeway. Ashley Bean, 170 Brisco Road, states she does not want the red curbs. She says that the best visibility is at the sidewalk and if someone pulls forward past the sidewalk that there is a blind spot and they cannot see at all. She said that they cannot lose more street parking spaces. Dr. John Ziomek, Woodland Drive stated that his office is on 145 S. Halcyon and is a commercial building that is surrounded by dense housing ~. units. He suggested posting signage for no parking during certain hours as most of the parking is by residents at night. Upon hearing no further comments, Chair Ross closed the public comment. Item 11.a. - Page 18 -, MINUTES: REGULAR TRAFFIC COMMITIEE MEETING MONDAY, APRIL 20, 2015 PAGE 30F 5 ACTION: Chair Ross moved to continue this item to the next Traffic Commission meeting and requested staff to bring back information regarding different options, and after all persons effected by the change are noticed. The motion was seconded by Commissioner Pell and the motion passed on the following vote: AYES: NOES: ABSENT: Ross, Pell, Henkel, Price, Carson None None 6.c Consideration of restricting parking on Le Point Terrace between Crown Hill Street and East Branch Street. RECOMMENDATION: It is recommended that the Commission advise the City Council to install restricted parking on both sides of Le Point Terrace between Crown Hill Street and East Branch Street. Matt Horn, City Engineer, made the presentation to the Commission. He stated that the width of Le Point Terrace is approximately 25 feet from curb to curb. He stated that in order to provide parking on both sides of the road and two-way traffic, Le Point Terrace needs to be a minimum of 34 feet wide. He said that City Maintenance vehicles and other large vehicles are unable to use the roadway when vehicles are parked on the roadway and they have requested that the parking be eliminated. Chair Ross opened the public comment. Upon hearing no comments, Chair Ross closed the public comment ACTION: Vice Chair Carson moved to paint fifteen feet from each intersection red and include this in the April 28, 2015 City Council Agenda to be included in the Circulation plan to study the possibility of turning this into a one way street. Commissioner Henkel seconded the motion and the motion passed on the following vote: AYES: NOES: ABSENT: Carson, Henkel, Pell, Price, Ross None None 6.d. Consideration of Farron Avenue Speed Limit Complaint. RECOMMENDATION: It is recommended that the Commission advise the City Council to revise roadway signage and posted speed limits on Farron Avenue. Matt Horn, City Engineer, made the presentation to the Commission. He stated that at the February 10, 2015 City Council Meeting, Dr. John R. Ziomek spoke during public comment and submitted a letter requesting that the established speed limit on Farrall Avenue between Elm Street and Oak Park be revised. At that time the City Council directed staff to review the issue. Item 11.a. - Page 19 MINUTES: REGULAR TRAFFIC COMMITTEE MEETING MONDAY, APRIL 20, 2015 PAGE 4 OF 5 Dr. Ziomek received a ticket on Sunday November 2, 2014. He was cited for driving approximately 45 MPH (as obtained from the radar gun) in a 25 MPH zone. Dr. Ziomek went to trial for the ticket and the San Luis Obispo Superior Court's Ruling and judgment of Not Guilty after Trial was attached to the letter. The judgment indicated that the Court has evaluated the roadway signage and determined that it was in compliance with the California Manual for Uniform Traffic Control Device (MUTCD) 2014 edition. The ticket was dismissed however because the Court stated it had not been presented with information concerning the City's determination to implement the prima facie or statutory speed limit on this section of Farrell Avenue for a Senior Facility. Matt Horn, CE stated that the City could remove several signs and provide a more uniform speed limit for the drivers. Staff recommends removing the school and senior facility signage and revising speed limits on Farroll Avenue as follows: • Halcyon -Vernon Standard 25 MPH • Farrell Avenue -Vernon Standard 30 MPH • Elm -Oak Park Standard 35 MPH (The speed from Elm -Oak Park dovetails nicely into Grover Beach} Chair Ross opened the public comment. The following member of the public spoke: Dr. John Ziomek, Woodland Drive stated that he received the ticket at 7:00 a.m. on a Sunday morning. He said that Farrell Avenue is a major arterial route and the signage is incorrect. Dr. Ziomek stated that he supported what staff has proposed. He said he hoped that the Commission approves the staff proposal. Upon hearing no further comments, Chair Ross closed the public comment. ACTION: Vice Chair Carson moved to accept staff recommendation in its entirety including removing signage and adjusting the speeds to those recommended by staff. Commissioner Henkel seconded the motion and the motion passed on the following vote: AYES: NOES: ABSENT: Carson, Henkel, Pell, Price, Ross None None 6.e. Consideration of Adoption of Traffic Commission By-Laws RECOMMENDATION: It is recommended that the Traffic Commission review and adopt Traffic Commission by-laws. Matt Horn, City Engineer, made the presentation to the Commission. He said that the Traffic Commission reviewed the by-laws on March 23, 2015 and requested revisions to the by-laws directing staff to work with both a commission representative as well as legal staff to modify the language to reflect the Traffic Commission's standard practice. [ 1, -, Item 11.a. - Page 20 MINUTES: REGULAR TRAFFIC COMMITIEE MEETING MONDAY, APRIL 20, 2015 PAGE50F 5 ACTION: Commissioner Pell moved to accept the staff recommendation. Vice Chair Carson seconded the motion and the motion passed on the following vote: AYES: NOES: ABSENT: Pell, Carson, Henkel, Price, Ross None None 7. DISCUSSION ITEMS Matt Hom, City Engineer said that the following would be on the agenda for the May 18, 2015 Traffic Commission meeting: • 170,171 Brisco Road e Canyon Way, speed survey • Rodeo -red curb request • Grand Avenue/Alpine 8. COMMISSION COMMUNICATIONS Vice Chair Carson suggested that a listing of websites be compiled and placed on the City website to help residents who do not have a clear understanding of traffic laws and other issues they may want to be changed within the City. This would enable them to do some research independently and educate themselves. Commissioner Henkel suggested that a good resource for the City is the ASHTO Green book and the Manual for Uniform Traffic Control Devices (MUTCD) could be immediately provided. 10. ADJOURNMENT Chair Ross adjourned the meeting at 7:52 p.m. Steven Ross, Chair (Approved at TC Mtg: 5/18/15) Item 11.a. - Page 21 ATTA CHMENT 3 CITY OF A_R_ROYO GR.A.NOEi CALIFORNIA The CVC Section 22352 provides guidance for 25 MPH prima facie speed category when properly signed: 22352. The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof: (b) Twenty-five miles per hour: (1) On any highway other than a state highway, in any business or residence district unless a different speed is determined by local authority under procedures set forth in this code. (2)_ When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard "SCHOOL" warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard "SCHOOL" warning sign. For purposes of this subparagraph, standard "SCHOOL" warning signs may be placed at any distance up to 500 feet away from school grounds. (3) When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard "SENIOR" warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Pedestrian Safety Account pursuant to Section 894.7 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources. The portion of Farrall Avenue from Halcyon Victorian Court to Elm Street may either have a posted speed limit of 30 MPH or 35 MPH. This section of roadway is directly adjacent to Farrall Avenue from Halcyon Road to Victorian Court that has a recommended posted speed limit of 25 MPH. Therefore, a 30 MPH posted speed limit will allow a more gradual change from or to the 25 MPH zone and is recommended. The portion of Farrall Avenue from Elm Street to Oak Park Boulevard may either have a posted speed limit of 35 MPH to 40 MPH .. Since the posted speed limit on Farrell near Oak Park Boulevard in Grover Beach is 35 MPH this section of roadway is recommended to match this existing speed limit and is more appropriate to allow drivers to transition to the 30 MPH on Farrall at Elm Street. COMMUNITY DEVELOPMENT DEPARTMENT• 300 E. Branch Street• A1rnyo Grande, California 93420 Phone: (805) 473-5420 •Fax: (805) 473-0386 ° E-mail: agcity@arroyogrande.org •Website: www.arroyogrande.org Item 11.a. - Page 22 CITY OF R DEi CALHFORN!A The California Manual for Setting Speed Limits Section 3.4.4 indicates: 3.4.4 Applying a 5 Mile Per Hour Reduction When a speed limit is to be posted, it shall be established at the nearest 5 mph increment to the 85th percentile speed of free-flowing traffic, rounding as standard mathematics directs. Under some circumstances. the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th percentile speed. If a 5 mph reduction is justified, the E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lower speed limit shall be in compliance with eve Section 22358. The following examples are provided to explain the application of these speed limit criteria: 1. If the 85th percentile speed in a speed survey for a location was 37 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 37 mph speed. The 35 mph established speed limit can be reduced by 5 mph fo 30 mph if the conditions and justification for using this lower speed limit are documented in the E& TS and approved by a registered Civil or Traffic Engineer. 2. If the 85th percentile speed in a speed survey for a location was 33 mph, then the speed limit would be established at 35 mph since it is the closest 5 mph increment to the 33 mph speed. The 35 mph established speed limit can be reduced by 5 mph to 30 mph if the conditions and justification for using this lower speed limit are documented in the E& TS and approved by a registered Civil or Traffic Engineer. eve 21400 allows for setting the speed limit at the 5 mph increment below the a5th percentile even if mathematical rounding would require the speed to be posted above the a5th percentile. If this option is used, then the additional 5 mph reduction cannot be used. In effect. this law allows an engineer to round down to the nearest increment of the 85th instead of up. The engineer cannot then take a further reduction. Conclusion On Farrell Avenue from Halcyon Road to Oak Park Boulevard the posted speed limit for this section of roadway is proposed to have three different speed zones allowing for vehicles to gradually change speed. Two of the three limits are fixed in that Farrell Avenue from Halcyon Road to Victorian Court is fixed due to prima facie compliance. Farrell Avenue from Elm Street to Oak Park Boulevard is also fixed due to the need or strong preference to match existing posted speed ·limits on the adjacent portion of roadway controlled by Grover Beach. The COMMUNITY DEVELOPMENT DEPARTMENT" 300 E. Branch Street" Arroyo Grande, California 93420 Phone: (805) 473-5420 •Fax: (805) 473-0386 "E-mail: agcity@arroyogrande.org"Website:www.arroyogrande.org Item 11.a. - Page 23 CITY OF ARROJYQ, GRA.NDE CALIFORNIA section of roadway on Farroll Avenue from Elm Street to Victorian Court is proposed to be 30 MPH is allow for a gradual change in vehicle speed. Complete by: Matthew A. Horn City Engineer, City of Arroyo Grande August 28, 2015 COMMUNITY DEVELOPMENT DEPARTMENT 0 300 E. Branch Street 0 Arroyo Grande, California 93420 Phone: (805) 473-5420 •Fax: (805) 473-0386 ° E-mail: agcity@arroyogrande.org 0 Website: www.arroyogrande.org Item 11.a. - Page 24