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Recommendation to request City Attorney to draft ordinances and amendments as needed to modify various sections of the Long Beach Municipal Code as recommended in Exhibits A and B, to provide more clarity as to applicable regulations, and to provide the City Traffic Engineer with additional authority and flexibility in the implementation of traffic and parking controls. (Citywide)
DISCUSSION
On May 6, 2008, the City Council requested that the City Manager and City Attorney return to City Council with potential modifications to the municipal code providing the City Traffic Engineer with greater discretion to develop more flexible parking solutions primarily in the designated parking impacted areas. In the conduct of reviewing the municipal code, it was determined that a number of changes in the approval and implementation of both parking and traffic controls would be beneficial in streamlining approval and providing flexibility to encourage unique solutions not only in the designated parking impacted areas, but throughout the City.
In early days of traffic and parking controls the City Council maintained complete authority over the implementation of all regulations relating to the movement of traffic and the regulation of parking. Over the past twenty years, the City Council has made numerous amendments to the municipal code delegating those authorities to city management, the Chief of Police, and the City Traffic Engineer. Currently, the City Traffic Engineer has authority to implement the majority of traffic and parking controls in the city; however, City Council still retains some authorities related to stop signs, crosswalks, limited time parking, unattached trailer regulations, angled parking, and bus stops. Similarly, management retains some authorities related to traffic signals, the removal of traffic control devices, and the implementation of temporary traffic controls. In order to improve accountability, improve the delivery of services, and encourage innovation in the testing and implementation of new traffic and parking controls, it is recommended that the City Traffic Engineer be authorized to implement, modify, and remove all traffic and parking controls in the city that do not require the adoption of an ordinance by state law. The identification of one-way roadways, the establishment of speed limits, prohibition of the parking of vehicles for sale,and the identification of preferential parking districts would continue to require City Council approval through the adoption of an ordinance.
It is recommended that specific changes be made in a variety of municipal code sections related to red zones, loading zones, disabled zones, time limited parking zones, oversized vehicle parking, unattached trailer parking, parking space markings, and parking in alleys to provide the City Traffic Engineer with discretion and flexibility in considering parking controls and parking solutions tailored to the urban environment. The exercise of engineering discretion is not intended to compromise safety but to balance the application of engineering principles with the desire to maximize parking in designated parking impacted areas. It also recommended that the list of official parking holidays be updated, that parking regulations related to mobile vendors be expanded to apply to the entire designated parking impacted area, and that a new prohibition be created addressing the parking of advertising vehicles based on recent case law. Exhibit A outlines the specific municipal code sections related to vehicular parking proposed for amendment as well as a description of the proposed modifications.
In reviewing the municipal code it was also discovered that Section 10.58 related to pedestrians is in need of amendment specifically in relation to crosswalks. Crosswalks and their placement can have a significant impact on parking availability. The existing municipal code provides for the establishment of crosswalks by both the City Traffic Engineer and through ordinance, which can lead to confusion as to the appropriate approval mechanism for the installation of crosswalks. Additionally, the municipal code is silent on the process for removal or relocation of crosswalks. In the last five years only one crosswalk was established by ordinance while the City Traffic Engineer created more than fifty new crosswalks over that same time period. Therefore, to better define authorities related to crosswalks it is recommended that installation and removal authority for crosswalks be delegated to the City Traffic Engineer. Furthermore, in 1999, a new state law became effective requiring that the removal of crosswalks following specific notification and public input procedures and the municipal code should be modified to recognize this change. Exhibit B outlines the specific municipal code sections related to pedestrians and crosswalks proposed for amendment, as well as a description of the proposed modifications.
This matter was reviewed by Deputy City Attorney Amy Burton on October 8, 2008 and Budget Management Officer Victoria Bell on November 4, 2008.
TIMING CONSIDERATIONS
Council action on the matter is not time critical.
FISCAL IMPACT
There is no fiscal impact.
SUGGESTED ACTION
Approve recommendation.
Respectfully Submitted,
MICHAEL P. CONWAY
DIRECTOR OF PUBLIC WORKS
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APPROVED: |
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PATRICK H. WEST |
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CITY MANAGER |