Board Agenda Item

Agenda Item # 6

BOARD MEMORANDUM

RECOMMENDATION:

Review and recommend that the Santa Clara County Board of Supervisors approve the draft policy language for bicycle and pedestrian use of Santa Clara County expressways.

BACKGROUND:

Part of Senate Bill 1233, initiated and sponsored by the County of Santa Clara and passed by the Legislature on September 21, 2004, amended the language of California Vehicle Code  

(CVC) 21960 so that local jurisdictions may prohibit bicycles and pedestrians on any roadway designated as an “expressway.”  This has raised concern in the local bicycling community because it is a significant departure from existing County policy and practice, particularly regarding bicycling.  It also leaves ambiguous the definition of “expressway,” raising concerns that some jurisdictions could designate any arterial as an expressway.

DISCUSSION:

The VTA Bicycle and Pedestrian Advisory Committee requested a discussion of SB 1233 during its May 11, 2005 meeting due to the adverse impacts this law may have on bicycle access to roadways in the County.  At that meeting, County staff explained that the intent was to give the County the ability to prohibit pedestrians from expressways in certain situations. The BPAC asked County staff for additional background explaining how and why the County wanted any changes. County staff returned to the BPAC at its June 8, 2005 workshop, and explained that, in response to the County Board’s direction, the County sought legislation so that it could post “Pedestrians Prohibited” signs along County expressway right-of-way, in the same manner that Caltrans can prohibit pedestrians on freeways. County Counsel and the legislative representative worked with Senate Transportation Committee to amend CVC 21960. The amended language essentially inserted the word “expressway” into the existing section of the CVC 21960 that references both bicycles and pedestrians, along with other associated changes. Attachment A includes the amended language.

During its June workshop, the BPAC expressed the consensus that the revised language of CVC 21960 is severely flawed, has adverse statewide implications as well, and that the law should be rescinded or amended as soon as possible.

County staff returned to the BPAC’s August 10, 2005 meeting with an update of how the County plans to ameliorate the issue. The County proposes that, as a first step, the BPAC recommend adoption of a policy for pedestrian and bicycle use of expressways, which is included as Attachment B.  The next step would be to include an amended CVC 21960 that would be consistent with new policy in the County's 2006 Legislative Policies and Priorities to be adopted in December 2005.   County staff will to bring updates and revisions of CVC 21960 to the VTA BPAC for review and recommendations to the County Board.

ALTERNATIVES:

The committee may approve, reject or modify proposed policy language changes.

PLEASE CONTACT THE BOARD SECRETARY'S OFFICE FOR COPIES OF ATTACHMENTS.

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