Loading...
2001-07 RESOLUTION NO. 2001-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA ESTABLISHING A POLICY FOR NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM FOR RESIDENTIAL PUBLIC STREETS BE IT RESOLVED by the City Council of the City of Grand Terrace as follows: STATE LAW The State of California has preempted the field of traffic control (see section 21 of the Vehicle Code), and no local authority is allowed to enact or enforce any ordinance on the matters covered by the Vehicle Code unless expressly authorized by statute. It is the policy of the State that all persons have an equal right to use the streets and highways,and localities have no carte blanche and,absent express authority,may not determine which traffic shall and which shall not use streets. Based upon this policy, in the absence of specific State legislative authority to the contrary, a city may not restrict the right to travel upon one of its streets to its residents or to other exempted drivers. Some examples in the Vehicle Code of such specific authority to regulate travel upon streets are: if the City Council determines the street is no longer needed for vehicular traffic [§ 21101(a)]; if needed to implement the Circulation Element of a General Plan [§ 21101(f)]; if due to criminal activity (§ 21101.4); regulating or prohibiting processions or assemblages [21100(a)]; and on streets dividing school grounds to protect students attending such school or school grounds. When a local agency decides to utilize the express delegation of such authority, the local agency may only utilize "official traffic control devices" authorized by the Vehicle Code Section 21400. Additionally, local authorities may not place gates or other selective devices on any street which deny or restrict the access of certain members of the t public to the street,while permitting others unrestricted access to the street. PURPOSE OF POLICY Consistent with State law and policy,it is the general policy of the City to not allow temporary or permanent closure of any public street to vehicular traffic. Requests for implementation of Neighborhood Traffic Management and Calming measures on a public street will be considered, however, based on a petition which meets all the criteria and procedures outlined herein. The City will carefully review each request to ensure that the proposed location and attending circumstances meet all the criteria outlined in this policy and in State law. The purpose of this policy is to set forth the process and criteria by which implementation of Neighborhood Traffic Management and Calming measures public streets may be considered.The policy also identifies the conditions under which such measures may be enacted. This policy only applies to requests initiated by citizens. This policy will not apply to measures on public streets initiated by the City Council to address specific traffic safety issues or to comply with State and Federal standards and warrants. The goal of the Neighborhood Traffic Management and Calming program is to enhance and protect the quality of life in the City's neighborhoods by making them more safe for children, pedestrians,and residents living in these neighborhoods. NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING MEASURES Neighborhood traffic management calming measures covered by this policy include all "official traffic control devices" authorized by the California Vehicle Code. Some of the methods authorized in particular circumstances might include traffic islands, curbs, traffic barriers, or other roadway design features, removing or relocating traffic signals and one-way traffic flow. QUALIFYING CRITERIA Requests for the implementation of neighborhood management and calming measures on public streets will be considered by the City for those streets meeting all of the following criteria: 1 a. The street should be primarily residential in nature. b. Volumes are approximately equal to or exceed 800 vehicles per day c. Public Safety Agencies have not provided sufficient evidence of any major public safety concerns regarding the neighborhood traffic management and calming measures. d. The changes in traffic flow will not result in unreasonable liability exposure for the City. e. The requested action is authorized by legislative authority in State law. f. The changes in traffic flow will not divert significant amounts of traffic to other residential streets. NEIGHBORHOOD TRAFFIC MANAGEMENT PROCESS The following process will be used by the City to address neighborhood traffic concerns: a. A resident alerts the City to a problem area. If the problem specifically involves speeding or cut-through traffic,the complaint is processed through the Neighborhood Traffic Management and Calming Program. b. If a neighborhood meeting is requested, the City provides information to the resident as to the options available under the City's Program. The City instructs the resident to complete and return the Neighborhood Action Request Form. The form requests a written description of the location of concern and requires signatures from seven separate residents per block of the impacted street(s). c. If the form is returned, the City schedules a neighborhood meeting to identify the concerns and issues. It is anticipated that a Traffic Committee from the City's Community Services Department, members of the Traffic Committee as well as a uniformed Sheriff's Deputy will attend the meeting. d. The City may prepare an existing condition traffic analysis. Level 1 or Level 2 Traffic calming options may be recommended by City staff to the residents living on the streets that have submitted Neighborhood Action Request forms at a follow-up neighborhood meeting. e. If the Level 1 or Level 2 options are not adequate after being in-place for an appropriate amount of time, the City may conduct after studies to determine whether further Level 3 or 4 measures are appropriate. This will include consulting the Sheriff and Fire Departments to determine if the street is critical to emergency vehicle response and,therefore,not eligible for certain options. f. If residents elect to have the Level 3 or 4 devices installed, they may be required to hire a qualified consultant to prepare design plans, and_hire a contractor to install the measures permanently within 180 days under a City encroachment permit at their expense. g. If the residents elect to have the Level 3 or 4 devices installed permanently, but decide later on that the devices are not desirable, an encroachment permit will be issued by the City to allow them to have the devices removed by an approved contractor at their expense. PETITION REQUIREMENTS The following procedures must be followed for submitting a petition for Level 3 or Level 4 measures to the City: a. The City Traffic Committee will recommend and examine the technical feasibility and anticipated impacts of the proposed neighborhood traffic management and calming measures. This review will include items such as State law, the Circulation Element of the City's 2 General Plan, the type of road or street involved, compliance with engineering regulations, existing traffic conditions, projected traffic conditions, the potential for traffic diversion to adjacent streets, impacts to emergency vehicle response times and the increased liability exposure for the City or conflicts with future planned improvements. b. The City Traffic Committee will determine the boundary of the "affected area" to be petitioned. The affected area will include but not be limited to those properties where normal travel routes to and from the "affected area" are to be altered by the neighborhood traffic management and calming measures, and/or properties which are significantly impacted by traffic that is to be diverted. c. The petition requesting the neighborhood traffic management and calming measures must be supported by a minimum of 67 percent of the total number of citizens affected by the proposed changes in traffic flow, as determined by the City Traffic Committee. The citizens should include property owners, tenants, business owners within the "affected area" who might be significantly affected by the proposed measure. Persons submitting petitions must attempt to contact all affected parties. At a minimum, 90 percent of all affected persons who may need to use the street(s) on a daily basis must be contacted for the petition to be accepted by the City. This requirement will be satisfied by signatures from 90 percent of the affected parties indicating support or non-support for the neighborhood traffic management and calming measures. d. At a minimum, petitions submitted to the City for review must include the following unless otherwise waived by the City Council: • A statement that all persons signing the petition acknowledge it is the City's policy that they will be responsible for all costs directly associated with the construction of permanent neighborhood traffic management and calming measures in order to facilitate the funding of the ultimate improvements needed to implement the street closure or traffic flow modifications. • The petition language must also clearly explain, and show on a drawing or plan,the location,and the nature of the proposed traffic flow modifications. • The petition language and attached drawing must be reviewed and approved by the City Traffic Committee prior to circulation to ensure its accuracy and ability to be clearly understood. A sample petition has been provided as an attachment to this policy. PETITION REVIEW PROCESS The following process will be used to review all petitions associated with a proposed neighborhood traffic management and calming measures: a. The City Traffic Committee will review any petition to verify compliance with all petition requirements set forth above. Any petition not complying with these requirements will not be accepted for consideration. If the petition contains all of the required information under this policy, a letter will be sent out by the City to all who signed the petition, affected property owners, tenants, and business owners requesting verification of their support or opposition to the proposed neighborhood traffic management and calming measures by signing a signature sheet that is included in the letter. b. If the petition contains all of the required information under this policy, the proposed neighborhood traffic management calming measures will be referred to all affected public agencies in conjunction with the environmental review process. At a minimum,these agencies 3 will include all City Departments, the local office of the California Highway Patrol, County Sheriff and Fire Departments,all affected local utility companies,Colton Joint Unified School District, the local office of California Department of Traffic and any other agencies affected by the traffic flow modification. c. If the petition contains all of the required information under this policy and can be properly verified, the City will proceed with implementing the Level 3 or Level 4 traffic flow modifications. SECTION 3:The City Council has the sole discretion,subject to all applicable laws,to approve,modify,continue or deny any traffic flow changes request regardless of any support or lack thereof via the petition process. SECTION 4: Based on the foregoing, the City Council of the City of Grand Terrace hereby adopts this resolution establishing a Opolicy relative to Neighborhood Traffic Management and Calming Program for residential public streets. PASSED AND ADOPTED this 22nd day of March,2001. ATTEST: City Clerk of the City of Grand04errace of Mayor of the City of Grand Terrace and The City Council thereof. of the City.Council thereof. I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 251h day of January,2001,by the following vote: AYES: Councilmembers Hilkey, Larkin, and Ferre; Mayor Pro Tem Garcia and Mayor Buchanan NOES: None ABSENT: None ABSTAIN: None G City Clerk Approved as to fo m: City Attorney 4 NEIGHBORHOOD ACTION REQUEST FORM NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM(NTMP) We,the undersigned,request a neighborhood meeting at the location stated below. After reviewing this information, we believe our neighborhood traffic situation warrants the City's Neighborhood Traffic Management Program. The following signatures representing at least seven different residents in the neighborhood indicate the neighborhood's commitment to work with the NTMP for a safer traffic environment within our neighborhood. Signature Address Phone(Day/Time) 1. 2. 3. 4. 5. 6. 7. 8. 9. Contact Name: ne: Address: Today's Date Neighborhood: Location of Concern: What concerns do you have at this location? Thank you for taking the time to complete the Neighborhood Action Request Form.After completing the form,please return it to Community Services Department, 22795 Barton Rd., Grand Terrace, CA 92313 5 PETITION TO MODIFY THE TRAFFIC FLOW ON BRETWOOD STREET BETWEEN PRESTON ST. AND MT. VERNON AVE BY THE INSTALLATION OF SPEED HUMPS DATE: AUGUST 23, 2000 BEFORE YOU SIGN THIS PETITION, KNOW WHAT YOU ARE SIGNING! PLEASE BECOME INVOLVED ABOUT THE REQUEST FOR THE INSTALLATION OF SPEED HUMPS. We,the undersigned residents of the area shown on the attached map do/do not petition the City of Grand Terrace to install speed humps on Brentwood Street as shown on the attached drawing. All persons signing this petition do hereby certify that-they reside within the area impacted by the proposed traffic flow change as shown on the attached map. Our designated contact person is: Phone: SIGNATURE PRINT NAME PRINT S POSITION ON ADDRESS SPEED HUMPS PHONE ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against ❑Support ❑Against 6