ITEM 10. ct-/ C.~~ STAFF REPORT. Mayor and City Council. Chief Angel Bernal, Police Department

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1 STAFF REPORT TO: FROM: SUBJECT: Mayor and City Council Chief Angel Bernal, Police Department Update to the Traffic General Regulations and Speed Limits Ordinances DATE: September 19,016 Approved for Fonvarding: ct-/ C.~~ mcs C. McCann, City Manager 1 ISSUE: Consider introducing an ordinance updating: 1) Mill Valley's Traffic General 3 Regulations Ordinance to place restrictions on vehicles driving through or across City 4 parking lots; and ) Mill Valley's Traffic Speed Limits to expressly limit the speed limit 5 in City parking lots. 6 7 RECOMMENDATION: 8 Update Mill Valley Municipal Code Chapter by adding Section to 9 impose restrictions on motor vehicle operators driving through or across City parking 10 lots and update Mill Valley Municipal Code Chapter 10.1 by adding Section to expressly limit the speed limit in City parking lots DISCUSSION: 14 California Vehicle Code Section 3103 provides that a person who drives a vehicle upon 15 a highway or in an off-street parking facility "in willful or wanton disregard for the 16 safety of persons or property is guilty ofreckless driving." However, the vehicle code 17 fails to provide a prima facie/standard speed limit imposed on individuals driving 18 vehicles on municipal parking lots or facilities. Similarly, the vehicle code also fails to 19 expressly prohibit operators ofvehicles from cutting through or across (Hcut throughs") 0 parking lots or facilities to avoid intersections, traffic regulations, or control devices. 1 Thus, unless the City of Mill Valley adopts an ordinance regulating vehicle cut throughs and speed limits on its City parking lots, the only enforcement mechanism regarding 3 possible speed limitations and cut throughs is through an individual's "reckless driving" 4 as enforced through Vehicle Code Section ITEM 10

2 City Council Staff Report Update to Traffic General Regulations and Speed Limits Ordinances September 19, California Vehicle Code Section 1113 permits cities to impose conditions or 6 regulations related to the driving of vehicles on any property under the direct control of 7 the legislative body of a municipality. Thus, pursuant to California Vehicle Code 8 Section 1113, the City of Mill Valley may adopt speed limits and cut through 9 regulations applicable to its City parking lots. Additionally, unlike the regulation of 30 speed limits on City streets or state highways, the City's adoption ofa speed limit on its 31 City parking lots does not require a traffic or engineering study. Instead, pursuant to 3 Section 1113, to regulate speed and cut throughs, the City may simply "determine that 33 the use ofvehicles... on the property should be prohibited or regulated." The Mill Valley Police Department's recent evaluation of the National Highway Traffic 36 Safety Administration (NHTSA) statistics and City staff observations of dangerous 37 speeding and cut throughs at City parking lots suggest that the use of vehicles on City 38 parking lots should be regulated. According to the NHTSA, approximately 34% of all 39 non-traffic motor vehicle crashes, including crashes in parking facilities and collisions 40 with pedestrians in driveways, result in pedestrian and bicyclist fatalities. NHTSA data 41 analyses shows that speeding is one of the most prevalent factors contributing to motor 4 vehicle crashes. Notably, a reduction in speed decreases the fatality risk and associated 43 injuries related to motor vehicle crashes. Specifically, the average risk of severe injury 44 for a pedestrian struck by a vehicle reaches 90% at an impact speed of 46 mph. This 45 risk is significantly reduced to 5% at an impact speed of 3 mph. However, the risk of 46 severe injury is decreased even more at an impact speed of 16 mph, with only a 10% 47 average risk of severe injury. Similarly, eliminating the number of vehicles cutting 48 through City parking lots to avoid intersections, traffic regulation, or control devices will 49 also facilitate the reduction ofaccidents occurring on City parking lots During the past twelve months, City staff has repeatedly observed individuals driving 5 vehicles at dangerous speeds on and through City parking lots. These dangerous speeds 53 and cut throughs have become increasingly more problematic with the commencement 54 of school and the increase of school age children near bus stops located near City 55 parking lots. Studies consistently show that reductions in speed and traffic congestion 56 increase pedestrian and vehicular safety. Based upon the Police Department's 57 evaluation of NHTSA vehicle collision data and City staff observations of excessive 58 speeds and cut throughs at City parking lots, the Mill Valley Police Department 59 proposes a 10 mph speed limit on all City parking lots and a ban of all vehicles cutting 60 through or across City parking lots to avoid intersections, traffic regulations, or control 61 devices FISCAL IMPACT: 64 The signs required for implementation of the City speed limits and cut through 65 restrictions are expected to be nominal in cost ALTERNATIVE ACTIONS: 68 Not amend the ordinance

3 City Council Staff Report Update to Traffic General Regulations and Speed Limits Ordinances September 19, ATTACHMENTS: 7 1. Proposed Ordinance: "An ordinance ofthe City Council ofthe City ofmill Valley adding 73 sections and to the Mill Valley Municipal Code to regulate the 74 driving through or across City parking lots and speeds limit in City parking lots." 3

4 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILL VALLEY ADDING SECTIONS AND TO THE MILL VALLEY MUNICIPAL CODE TO REGULATE DRIVING THROUGH OR ACROSS CITY PARKING LOTS AND SPEED LIMITS IN CITY PARKING LOTS. WHEREAS, Section 1113 ofthe California Vehicle Code permits cities to impose conditions or regulations related to the driving ofvehicles on any property under the direct control ofthe legislative body ofa municipality, WHEREAS, the current use of vehicles on City parking lots have resulted in accident occurrences and pose risks to vehicle occupants and pedestrian safety, WHEREAS, it has been determined that the establishment ofa City parking lot speed limit and restrictions related to motor vehicles cutting through or across City parking lots will facilitate the reasonable, safe, and orderly movement of traffic and promote pedestrian safety, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MILL VALLEY does hereby ordain as follows: SECTION 1. Title 10 (Traffic), Chapter (General Regulations), Section ofthe Mill Valley Municipal Code is hereby added to read as follows: " Driving through or across City Parking Lots. _ A. This section shall apply to all real property owned, leased, or otherwise controlled by the City of Mill Valley for the purpose of providing off-street public parking ("City Parking Lot") " Speed limit in City Parking Lots. B. It is unlawful for an operator ofany motor vehicle to drive through or across any City Parking Lot, whether vacant or not, to avoid any intersection, or obedience to, or regulation by, traffic regulation or control devices, unless specifically directed to do so by Police or Fire personnel." SECTION. Title 10 (Traffic), Chapter 10.1 (Speed Limits), Section ofthe Mill Valley Municipal Code is hereby added to read as follows: S A. This section shall apply to all real property owned, leased, or otherwise controlled by the City of Mill Valley for the purpose of providing off-street public parking ("City Parking Lot"). B. It is unlawful for any individual to operate any motor vehicle on any City Parking Lot within the City limits in excess of ten (10) miles per hour." 1 ATTACHMENT 1

5 46 SECTION 3. Pursuant to California Vehicle Code Section 1 113(b), the City Manager 47 shall erect or place, or cause to be erected or placed, appropriate signs giving notice of the 48 regulation imposed by this Ordinance. Additionally, the City Manager shall prepare and keep, or 49 cause to be prepared and kept, available at City Hall, for examination by all interested persons, a 50 written statementofthe regulation imposed by this Ordinance. 5! 5 SECTION 4. This ordinance shall be effective 30 days following its adoption by the City 53 Council. A summary ofthis ordinance shall, within fifteen (15) days after passage, be published 54 in accordance with Section of the Government Code of the State of California with the 55 names ofthe City Councilmembers voting for and against it PASSED AND ADOPTED at a regular meeting of the City Council of the City of Mill 58 Valley on this day of, 016, by the following vote: 59 AYES: 60 NOES: 61 ABSENT: 6 ABSTAIN: Attest: Kelsey Rogers, City ClerkJAdministrative Analyst 70 John McCauley, Mayor