Draft Policy for Bicycle and Pedestrian Use of Santa Clara County Expressways
Dan Collen, Director of InfraStructure Development, County of Santa Clara, stated the purpose for the policy update is to modernize and refresh the language primarily to reflect and acknowledge the expressway planning study and the information and reaction gathered from that process and to build a foundation for any legislative action.
Mr. Collen reported that the in terms of schedule it is the County’s goal is to complete the legislative proposal by December 2005. County staff will meet with VTA BPAC, conduct a public meeting at the County Roads Commission on September 8, 2005 at 4:00 p.m., and meet with the Legislative Committee of the Board, and the Housing Land Use Environment and Transportation Committee on September 15, 2005. County staff is also coordinating with the cities on a parallel timeline so each of the cities with expressways in their cities have an opportunity to communicate any comments and input.
Mr. Collen reported that the Policy being provided to BPAC Members was prepared with a goal in mind of achieving the three C’s, clear, complete, and concise. The policy on bicycles and bicycle use of the expressway meet the clear, complete, and concise goal. Mr. Collen noted that language from the 1991 Policy has been shortened and the new Draft Policy broadens the scope, yet focuses a couple of statements. Mr. Collen provided the following example: Bicycle Use of Expressways Policy: “It is the policy of the Board of Supervisors to accommodate bicycle use of expressways. Accommodation involves a comprehensive application of the design elements and considerations contained in the County Bicycle Accommodation Guidelines, which are applicable to planning, project development, construction, expressway operation, and maintenance.”
Member Wadler took his seat at 6:20 p.m.
Mr. Collen noted that the pedestrian element of the Policy involves some trade-offs on conciseness for completeness and involves a fourth C-complicated. The Policy is subject to certain element of case-by-case evaluation and conditions but the new Policy provides improvement over the 1991 Policy. Mr. Collen stated that the new policy references the Expressway Planning Study, a list of identified improvements and a reference to expressway crossings.
Mr. Collen stated that the Policy has been edited to clarify language to remove ambiguity and be as straightforward as possible, including dealing with the issue of where the prohibitions are not only appropriate but potentially long term.
Mr. Collen referenced language to the 91 polich, which Ms. DeRobertis provided to the BPAC Members. The language is as follows: “IT IS THE POLICY OF THE TRANSPORTATION AGENCY TO DISCOURAGE PEDESTRAINS FROM WALKING ON THE SHOULDER AREAS OF EXPRESSWAYS EXCEPT IN EMERGENCY SITUATIONS. ENCOURAGING PEDESTRIANS TO WALK ALONG THE SHOULDER AREAS OF EXPRESSWAYS IS NOT A SAFE PRACTICE….” stating that the capital letters will be removed but much of the same language has been maintained.
Mr. Collen clarified that the proposed Policy is consistent with prior Policy, consistent with planning study, and represents an improvement that reflects current conditions and reality.
Mr. Collen referenced the last six words of the proposed Policy under Pedestrian Use of Expressways: “…subject to City approval and action.” is a reminder that cities have authority to regulate pedestrian access and place prohibitions. Mr. Collen stated that even with the changes made to California Vehicle Code Section 21960 they only gave the County more of an opportunity to initiate action that would ultimately still have to be validated and approved the city. Mr. Collen stated, therefore, it is an important relationship in the operation of expressways that there is a certain amount of consensus that has to take place between local cities and the County of Santa Clara for operating conditions and pedestrian access.
Mr. Szoboszlax expressed concern regarding funding and funding constraints.
Mr. Szoboszlax also expressed concern regarding Attachment A, Amended Language for California Vehicle Code Section 21960 Freeway and Expressways: use Restrictions, that omitted language which protects people’s rights to use roadways, was removed.
Mr. Szoboszlaxdistributed a letter previously e-mailed to the County on September 7, 2005, regarding the following recommendations: 1) add the following language to the Plan: recognize that the Comprehensive County Expressway Planning Study Implementation Plan (County Expressway Plan), approved by the Board of Supervisors on august 19, 2003, and endorsed by cities, is official County policy for bicycles and pedestrians; 2) restore Vehicle Code Section 21960 without preconditions; 3) reject any change in policy (as per staff’s draft of September 7, 2005); 4) comply with Vehicle Code Section 21949; 5) comply with County Expressway Policy, and 6) remove “pedestrian prohibited signs to conform with state law and county policy.
Paul Goldstein, City of Palo Alto, requested the language on the Pedestrian Use of Expressways Section, “community desires” be changed to “consent of the cities”. Mr. Goldstein expressed concern regarding Page 2, second bullet, “Walking is necessary to support transit and ride sharing.” Mr. Goldstein requested that the dollar amount in the last bullet on Page 2 be replaced with a percentage. Mr. Goldstein pointed out that although the third bullet states that “…discourage pedestrians from walking along the shoulder areas of expressways…” some shoulders are wide enough to be walked along. Mr. Goldstein requested that the following language be added to the Plan: that alternative routes need to be provided access, which has previously been there before access was taken away.
Cor van de Water, City of Sunnyvale, stated with regard to the area of pedestrians along side expressways the general policy to discourage pedestrians in itself is not good idea because the whole purpose of the Policy is to improve safety so it is important to decide what is the best way to enhance safety for pedestrians along side an expressway with a wide shoulder.
Member Swent expressed concern regarding the pedestrian section of the Policy stating that the first bullet “…non-polluting alternative travel.” Be changed to “…non-polluting means of travel.” Chairperson Jensen recommended it be changed to “…healthy means of travel.”
Member. Swent requested with regard to Page 2, second bullet, the sentence read: “It is the Board’s long-term goal to implement County standard pedestrian facilities along County expressways. Chairperson Jensen recommended quoting California Vehicle Code Section 21949 after “…County expressways.”
Member Swent requested with regard to Page 3, the first major bullet and first minor bullet be struck completely from the Policy.
In response to Member Wadler’s query, Mr. Collen stated that the Plan can be found at www.expressways.info.
Mr. Sullivan queried if any studies have been completed on vehicle/pedestrians collisions on shoulders. Masoud Akbarzadeh, P.E., Traffic Engineering & Operations, County of Santa Clara, responded stated that the County of Santa Clara does review accident reports and evaluates accidents involving pedestrians or bicyclists on expressways and other roadways. Mr. Akbarzadeh stated that the statistics are not ready for the Policy. Mr. Akbarzadeh advised that the County staff can provide statistics to Member Sullivan.
Member Sullivan stated he is looking for report specific to Santa Clara County.
Member Sullivan stated he would like the pedestrian policy to follow the bicycle policy.
Member Chan requested language allowing cities to be able to designate sections of expressways as pedestrian prohibitive if there are pedestrian facilities to be added to the Plan.
Member Simons stated arbitrarily bringing up safety and different types of interactions is a useful discussion on the policy change because the Committee really could inclusively add automobile, bicycle, and pedestrian use of the expressway. Member Simons stated that when discussing improvement for safety, it relates to multi-modal uses for a facility that is presently being used. Member Simons expressed concern that nitpicking references to different community desires is really an opportunity to backtrack 15-to-20 years of work.
Member Kobayahsi stated he agrees with Member Simons’ comments and stated that the BPAC should not be nitpicking the Policy but rather providing clarifications.
Member Carpenter stated that if multiple usage is not feasible because of conflicts between the modes there should be feasible alternatives and there should be signs directing the use of feasible alternatives.
Member Stallman recommended the following change to the heading: “Bicycle and Pedestrian Use of Expressways”. Mr. Stallman also recommended the following language to changed under the above heading to: “It is the policy of the Board of Supervisors to provide safe bicycle and pedestrian use of expressways by applying design elements in considerations contained in the County Bicycle Accommodation Guidelines which are applicable to planning and project development, construction, expressway operation, and maintenance. The County will adhere to State and Federal Law.”
Member Walton recommended the BPAC develop a draft Policy on Bicycle and Pedestrian Use of Expressways.
Chairperson Jensen recommended a subcommittee meet before the October 12, 2005 BPAC Meeting to develop language.
Mr. Collen stated the BPAC has the ability and the opportunity to develop any alternate model if they so desire.
Mr. Collen noted the BPAC stated language preferences which he is open to incorporating in the Draft Policy but that there are certain fundamental issues which will held and not changed.
Chairperson Jensen stated it is not important to produce a counter proposal.
Chairperson Jensen stated there are some good elements to the County’s Draft Policy and the BPAC’s main concern is that they adhere to California Vehicle Codes, especially in light of going after future funding.
Chairperson Jensen stated the Draft Policy does not need a complete revision but there are some deficiencies.
Member Stallman expressed concern regarding changing existing policy.
Chairperson Jensen appointed Chairperson Jenson, Members Kobayahsi, Chan, Wadler, and Swent, and Interested Citizen Mr. Szoboszlax to participate in the Subcommittee. The Subcommittee will meet on Friday, September 9, 2005, with Mr. Collen.
Chairperson Jensen requested information for the last five years with regard to bicycle and pedestrians accidents on county expressways available on the SWITRS Database from County staff.
M/S/C (Jensen/Walton) on a vote of 12 ayes, 0 noes, and 1 abstention, to reject the recommended Draft Policy for Bicycle and Pedestrian Use of Santa Clara County Expressways and to form a sub-committee, which should include four BPAC Members and one interested member of the public to be chosen by the Chairperson to meet with County of Santa Clara Staff to review the Draft Policy for Bicycle and Pedestrian Use of Santa Clara County Expressways. Member Stallman abstained.
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