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HomeMy WebLinkAboutPD Median Ordinance____________________________________________________________________________________ FOR CITY CLERK ONLY File No.: 11-34 x 9-3-30 Council Meeting: 12/18/2017 Disposition: Passed Ordinance 1951 to Print Agenda Item No: 8.c Meeting Date: December 18, 2017 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: POLICE Prepared by: Diana Bishop, Chief of Police City Manager Approval: ______________ TOPIC: Regulations for Medians Ordinance SUBJECT: CONSIDERATION AND INTRODUCTION OF AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 5 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD CHAPTER 5.38 RELATED TO TRAFFIC SAFETY RULES FOR THE USE OF MEDIANS RECOMMENDATION: Conduct a public hearing regarding a proposed ordinance to amend Title 5 of the San Rafael Municipal Code entitled “TRAFFIC REGULATIONS” to add Chapter 5.38 entitled “REGULATIONS FOR MEDIANS;” and pass the ordinance to print. BACKGROUND: The Police Department has experienced an increase in calls for service in regards to resident complaints about persons standing on roadway medians, predominately in the area along Third Street at Union Street (Whole Foods). The Police Department has also received numerous complaints or observed people lingering in medians at the following intersections: Second Street and Irwin Street, Third Street and Grand Avenue, Northgate Drive and Manual T. Freitas Parkway, and Las Gallinas Avenue and Del Presidio Boulevard. In addition to those medians, the Police Department has identified the following additional medians that are less than four feet in width and would be subject to the proposed ordinance: • Andersen Drive between A Street and DuBois Street; • Areas of the median on Third Street between Grand Avenue and San Rafael High School; • Second Street immediately west of Irwin Street; • Areas of the median on the Miracle Mile (Fourth Street) at intersections between Second Street and Ross Valley Drive; • Areas of the median on Mission Avenue between Irwin Street and Hetherton Street; • Areas of the median on North San Pedro Road between Los Ranchitos Road and Civic Center Drive; • Areas of the median on Del Presidio Blvd. between Las Gallinas Avenue and M.T. Freitas Pky.; • Areas of the median on Northgate Drive between M.T. Freitas Pky. and the south intersection with Las Gallinas Avenue; SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 • Areas of the median on Las Gallinas Avenue between Nova Albion Way and Las Colindas Road; and • Areas of the median on Smith Ranch Road between Hwy 101 and McInnis Park. Pedestrians standing on such small medians endanger themselves by their close proximity to moving traffic streams, obstruct traffic signs and signals, and distract motorists, causing increased potential for automobile accidents, sudden lane changes, and traffic congestion, among other consequences. A narrow median island also provides little room for pedestrians to escape from the mirrors and other accessories of large vehicles and commercial vehicles. ANALYSIS: By prohibiting pedestrians from loitering or lingering on small medians (less than four feet in width) or blocking traffic signs or signals, the risk of traffic collisions involving vehicles and pedestrians will be minimized. The restrictions in the Ordinance are not directed at free speech activities, but rather at ensuring the safety or pedestrians and motorists. The intent of the proposed ordinance is to enact reasonable content neutral, narrowly tailored, time, place and manner regulations to serve the safety interests of the public and allow alternative means of communicating with motorists from sidewalks or medians larger than four feet in width. By approving this amendment, our officers in the field would be able to control safety hazards in medians by citing pedestrians who linger or loiter. The proposed ordinance would assist in insuring the safety of both pedestrians and motorists. Normal movements by pedestrians would not be hindered by this Ordinance. FISCAL IMPACT: None. OPTIONS: The City Council has the following options to consider on this matter: 1. Adopt ordinance as proposed (Staff’s recommended action); 2. Adopt ordinance with modifications; 3. Direct staff to return with more information; 4. Take no action. RECOMMENDED ACTION: After holding a public hearing, pass to print the Ordinance ATTACHMENTS: 1. Proposed Ordinance amending Title 5 of the San Rafael Municipal Code entitled “TRAFFIC REGULATIONS” to add Chapter 5.38 entitled “REGULATIONS FOR MEDIANS” ORDINANCE NO. 1951 AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF SAN RAFAel AMENDING TiTlE 5 OF THE CITY OF SAN RAFAel MUNICIPAL CODE TO ADD NEW CHAPTER 5.38 RelATED TO TRAFFIC SAFETY RULES FOR THE USE OF MEDIANS THE CITY COUNCil OF THE CITY OF SAN RAFAEl DOES HEREBY ORDAIN AS FOllOWS: DIVISION 1. Findings. A. The City to amend Five entitled "Traffic its adding Chapter 5.38 in its "Regulations For Medians," to provide rules medians to the and motorists. City Council is mindful of the legal principles by to B. In developing this activity on public and any expressive activities Liberty of Speech Clause The City Council does not intend to suppress or infringe upon rntt>rt,,'rl by the First Amendment of the United States Constitution or neutral time, situations from California Constitution but instead desires to enact that address the need to prevent content- C. The City Council in this Ordinance does hereby take legislative notice of the various decisions regarding content-neutrality, of activity in the public right-of way, such as streets and medians, and regulation of activity on private property, including but not limited to the following: Reed v. Town of 135 S.Ct 2218 (regulations are content based if they to speech because of the topic discussed or the idea or message expressed); Cutting v. City of Portland, 802 F.3d 79 {1st (prohibition standing on medians was content-neutral but was as it applied to all medians of size or location); The Contributor v. City Brentwood, 726 F.3d 861 (6th Cir. solicitation from occupants of vehicles was constitutional as audience was and this audience could be through channels of communication); Comite lornaleros de Redondo Beach v. City of Redondo Beach, 657 F.3d 936 (9th Cir. on streets and was 613 (5th Cir. 2007) (prohibition on material to cars in obedience to traffic lights was as it was narrowly tailored to the most rnr,ac.",.",rllocations with the highest traffic and safety concerns); t-n<:nlrm Valley Mall LLC v. National Relations Board, 42 Cal.4th 850 (2007) {liberty California Constitution free speech rights at private shopping Ralphs Grocery Co. v. United Food & Commercial Workers Union Local 8, 55 CalAth 1083 (2012) rights under the California Constitution are only in the common areas of centers which have amenities that encourage shoppers to stop, linger or Donahue Schriber Realty Group, Inc. v. Nu Creation Outreach, 232 Cal.AppAth 1171 (2014) (sidewalk apron areas at private shopping mall was not a public forum area in which individuals had a right to exercise their speech rights under the Constitution); and United States v. Kokinda, 497 U.s. 720 (1990) (finding that postal sidewalk was not a traditional public forum and that regulations met with nonpublic forum). reasonableness test for a D. The function of medians, whether on public property or property, is to enhance traffic safety by separating traffic to turning movements deemed help direct traffic. Small medians less sitting on by individuals or groups. E. Lingering and loitering on small Pedestrians lingering or loitering on the to loitering, or for both pedestrians and motorists. in width themselves by their close proximity to moving traffic streams and increase the risk of motorists becoming distracted from their primary duty to likelihood of automobile crashes, pedestria n-involved F. Obstruction of traffic signs and on hazards by preventing motorists from having a directions. G. The City Traffic has found also causes safety the roadways and the applicable traffic on small medians to be a public safety issue. The City Engineer has also found obstructing signs or signals on any median also constitutes a public issue. and lingering and obstructing signs and signals creates dangerous and hazardous conditions for both pedestrians and motorists, such as increased potential for pedestrian-injury collisions, increased. red-light-running at signalized intersections, and increased potential for rear-end collisions. numerous complaints about safety concerns caused by H. The City's Police Department has pedestrians lingering or loitering on concerns about motorists' line-of-sight the use of the roadway by motorists and ns or roadways. Safety concerns include: caused by pedestrian use of pedestrians on the medians. I. The City has or create similar traffic safety concerns and hazards noted risk colliding with the ......... '1.,."'" adjoining travel lanes, Code). This concern is blocked by pedestrians on the medians; conflicts between and disruption of the flow of traffic by motorists in response to on less than four feet in width will for both pedestrians and motorists. In addition, to the on small medians of less than four feet in width projecting from the side of vehicles in (which are permissible under the California Vehicle or on no,."",," space to reduce their proximity to moving streams. or on small medians less than four feet in cannot reduce their close proximity to moving traffic streams. Thus, the City has determined in width endangers Oe(leSma lingering or loitering on any the risk of distracting increases the likelihood of automobile crashes and crashes, and increases the likelihood of congestion and blockage of streets. J. The City has also that traffic and directional signals or signs located on medians of any size will also cause traffic issues. Traffic devices commonly installed in include regulatory signs and equipment such as turn prohibitions and signal indications, and warning devices such as reflectorized delineators, which if blocked are a traffic safety concern. K. By enacting this Ordinance the City Council does not intend to interfere with the exercise of free speech rights ofthose engaged in solicitation. Rather, this Chapter regulates the conduct of lingering or loitering on small medians so as to minimize the safety hazards associated with such conduct for both pedestrians and motorists. L. The restrictions of this Ordinance are content-neutral and are narrowly tailored to serve a significant governmental interest, but still provide alternative avenues of communication. The reasonable time, place, and manner restrictions in this Ordinance avoid the negative effects of lingering or lOitering on medians without targeting the message or topic of speech and also allow ample alternative means of communicating including on sidewalks or medians larger than four feet in width. DIVISION 2. AMENDMENT. Title 5 entitled "TRAFFIC REGULATIONS" of the San Rafael Municipal Code is hereby amended to add Chapter 5.38 entitled "REGULATIONS FOR MEDIANS" to read in its entirety as follows: 5.38.010 -Definitions For purposes of this Chapter the terms listed below shall have the following meaning: a. "Median" means a paved or planted raised area located in a roadway and dividing the roadway according to the direction of travel. b. "linger" means to remain on a median longer than two traffic signal cycles, or, for locations without a traffic signal, for longer than three minutes, except in an emergency orfor public works or maintenance. c. "loiter" means to stand or linger on a median for any purpose other than to safely and lawfully cross the street, except in an emergency or for public works. d. "Public Works" means work or maintenance performed by the City, a State agency, public utility, their respective contractors, or other authorized public agency. e. "Roadway" means any publicly or privately owned or maintained road or street open to the use of the public for purposes of vehicular traffic. 5.38.020 -lingering and Loitering Prohibited On Small Medians a. It is prohibited for any person to linger or loiter on any median less than four feet in width located within any public roadway. b. This prohibition is required to ensure the safety of both pedestrians and motorists, as small medians are not designed to accommodate prolonged pedestrian use. The only exceptions to this prohibition are for the following circumstances: (1) as may be necessary to cross a roadway; (2) as is necessary for emergencies; or (3) as is necessary for public works. 5.38.030 -Obstructing Traffic Signs and Signals Prohibited On All Medians a. It is prohibited for any person to block traffic signs and signals located on or within any median for more than two traffic signal cycles, or, for locations without a traffic signal, for longer than three minutes. b. This prohibition is to ensure signals located on medians remain adequately visible to motorists. The only exceptions to this prohibition are for the following circumstances: (1) as is necessary for or (2) as is necessary for public works. 5.38.040 -Violations and It shall be unlawful any person to any of Enforcement, 5.12 ENFORCEMENT AND violations, remedies, shall be OBEDIENCE TO TRAFFIC REGULATIONS applicable law. DIVISION 3. SEVERABILITY. If any part of this chapter or the to any person is held invalid, the remainder of the chapter and the application of such provisions to other persons shall not be affected thereby. DIVISION 4 This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days its I passage. If published in summary form, the summary shall also be published within fifteen (15) days the adoption, together with the names of those Councilmembers voting for or same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. ATTEST: ESTHER BEIRNE, City Clerk The foregOing Ordinance No.1951 was City of San Rafael, held on the 18th vote, to wit: AYES: NOES: Councilmembers: None ABSENT: Councilmembers: None v ..... ,,'-<:;u at a Regular Meeting of the City Council of the 2017 ordered passed to print by the following Colin, Gamblin, McCullough & Mayor Phillips and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of to be held on the 16th day of January, 2018. ESTHER BEIRNE, City Clerk CITY OF SAN RAFAEL NOTICE OF PUBLIC HEARING CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING TITLE 5 OF THE SAN RAFAEL MUNICIPAL CODE TO ADD NEW CHAPTER 5.38 RELATED TO TRAFFIC SAFETY RULES FOR THE USE OF MEDIANS DATE/TIME: Monday, December 18, 2017 at 7:00 p.m. LOCATION: City Council Chambers, 1400 Fifth Avenue, San Rafael, CA PURPOSE: To receive public comments and consider adoption of an ordinance amending Title 5 of the San Rafael Municipal Code entitled “Traffic Regulations” to add a new chapter 5.38 entitled “Regulations for Medians”. The proposed ordinance would prohibit lingering or loitering on medians of less than four (4) feet in width. The proposed ordinance defines “linger” to mean “to remain on a median longer than two traffic signal cycles, or, for locations without a traffic signal, for longer than three minutes, except in an emergency or for public works or maintenance” and defines “loiter” to mean to “stand or linger on a median for any purpose other than to safely and lawfully cross the street, except in an emergency or for public works or maintenance.” The proposed ordinance will also prohibit obstructing traffic signs or signals on all medians. Any violation of the proposed ordinance would be a m isdemeanor pursuant to Chapter 5.12.020 of the Code. IF YOU CANNOT You may send a letter to Esther Beirne, City Clerk, City of San ATTEND: Rafael, P.O. Box 151560, San Rafael, CA 94915-1560. You may also hand deliver a letter prior to the meeting. FOR MORE INFORMATION: You may contact Captain David Starnes, San Rafael Police Department at (415) 485-3000 for more information, Monday through Friday, 8:00 a.m. to 5:00 p.m. SAN RAFAEL CITY COUNCIL /s/ Esther Beirne ESTHER BEIRNE CITY CLERK, CITY OF SAN RAFAEL American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-3085 (Voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Public transportation is available through Golden Gate Transit, Line 20 or 23. Paratransit is available by calling Whistlestop Wheels at (415) 454-0964. To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested to refrain from wearing scented products. (Please publish in the Marin Independent Journal on Friday, December 8, 2017.) STAFF REPORT APPROVAL ROUTING SLIP Staff Report Author: Diana Bishop Date of Meeting: 12/18/2017 Department: Police Department Topic: Regulations for Medians Ordinance Subject: Amending Municipal Code Related to Traffic Safety Rules for the Use of Medians Type: (check all that apply) ☐ Consent Calendar ☐ Public Hearing ☐ Discussion Item ☐ Resolution ☐ Ordinance ☐ Professional Services Agreement ☐ Informational Report *If PSA, City Attorney approval is required prior to start of staff report approval process Was agenda item publicly noticed? ☐ Yes ☐No Date noticed: ☐Mailed ☐Site posted ☐Marin IJ Due Date Responsibility Description Completed Date Initial / Comment DEPARTMENT REVIEW FRIDAY noon 12/1 Director Director approves staff report is ready for ACM, City Attorney & Finance review. 12/4/2017 ☒ CONTENT REVIEW MONDAY morning 12/4 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will review items, make edits using track changes and ask questions using comments. Items will be returned to the author by end of day Wednesday. Click here to enter a date. 12/8/2017 12/4/2017 ☒ ☒ LG ☒ MM DEPARTMENT REVISIONS FRIDAY noon 12/8 Author Author revises the report based on comments receives and produces a final version (all track changes and comments removed) by Friday at noon. Click here to enter a date. ☒ ACM, CITY ATTORNEY, FINANCE FINAL APPROVAL MONDAY morning 12/11 Assistant City Manager City Attorney Finance ACM, City Attorney & Finance will check to see their comments were adequately addressed and sign-off for the City Manager to conduct the final review. Click here to enter a date. Click here to enter a date. Click here to enter a date. ☒ ☒ ☒ TUES noon 12/12 City Manager Final review and approval 12/13/2017 ☒ JS December 14. 2017 Reference: Median panhandlers San Rafael City Council Meeting Dec 18. 2017 Teresa Rea Good idea to stop this. On Van Ness in SF the driver in front of me stopped to donate, I stopped and was rear-ended!