Evaluation of Request to Establish 15 MPH Speed Limits on Streets around Schools

Office of the City Manager To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Claudette Ford, Director, Public Works Subject: Evaluation of Request to Establish 15 MPH Speed Limits on Streets around Schools INTRODUCTION Council approved a consent item presented by Councilmember Maio at the March 24, 2009 meeting of the Council, requesting the City Manager to consider establishing 15 miles-per-hour (mph) speed limits on the streets around schools. This was in response to a telephone call received by Councilmember Maio from someone who resides outside of Berkeley in connection with the recent tragic accidents involving school children in Berkeley. CURRENT SITUATION AND ITS EFFECTS Currently the speed limit around all schools in Berkeley is 25 mph, which is in compliance with the State standards, California Manual of Traffic Control Devices (MUTCD) and California Vehicle Code (CVC). All crosswalks adjacent to schools are also painted yellow in compliance with MUTCD. BACKGROUND AB 321, which took effect in 2008, added subsection (b) to Vehicle Code Section 22358.4 providing for reduced speeds around schools under specified circumstances. AB 321, among other things, allows a city to establish a 15 mph limit when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children. Cities may also apply the 15 mph limit when approaching, at that same distance, or passing a school building or school grounds, to be in effect while children are going to or leaving the school, during school hours or during the noon recess period. Prior to the passage of AB 321, the 25 mph speed limit near schools could be reduced to 20 mph or 15 mph when supported by an engineering and traffic survey indicating that the 25mph speed limit is more than is reasonable or safe. In furtherance of AB 321, in September of 2008, the California Department of Transportation (Caltrans), as an interim policy applicable for two years, issued Policy 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: manager@cityofberkeley.info Website: http://www.cityofberkeley.info/manager

Directive 08-06 (copy attached) detailing a process for posting and enforcing reduced speed limits in school zones, subject to certain conditions. The staff evaluated Caltrans Policy Directive 08-06 for applicability to any school sites in Berkeley. The directive states that a reduced speed limit of 15 mph while children are present may be adopted by ordinance or resolution for schools that are not separated from the highway by a fence, gate or other physical barrier. The directive further indicates a standard that the need to reduce a speed limit to 15 mph as described above shall be documented in writing in an engineering study pursuant to provisions in Section 627 of the CVC. The directive provides guidance that a minimum of two conditions from CVC Section 627 should be present before considering a reduced speed limit. These conditions include collision history, residential density, and pedestrian and bicyclist safety. Consultation with the Berkeley Police Department and the Berkeley Unified School District confirmed that there are no schools in Berkeley that are not separated from the highway by a fence, gate or other physical barrier. In addition, staff had discussions with the BPD regarding the two recent accidents involving school children at Ashby/Ellis and at Derby/Warring, one of which unfortunately resulted in a fatality and the other in an injury. The police investigation has determined that speed was not a contributing factor in either of these two collisions, both of which occurred at stop sign controlled intersections. Since the City has no locations that meet the standard for posting of a 15mph school zone under the conditions of Policy Directive 08-06, any such posting would not be enforceable under state law. Thus, it would be inadvisable to post 15 mph school zones contrary to provisions of state law. As noted above, CVC Section 22358.4(b)(1)(A) also provides that a 15 mph speed limit may be adopted by ordinance or resolution on any residential street contiguous to and less than 500 feet from a school building or grounds while children are going to or leaving school during school hours or the noon recess. Section 22358.4(b)(4) further stipulates that when determining the need to lower speed limits, the local authority shall take the provisions of CVC Section 627 into consideration. CVC Section 627 sets forth the considerations to be included in an engineering and traffic survey. Thus, the new statutory language does not eliminate the need for an engineering and traffic survey to justify the reduced speed limit. The MUTCD provides clear guidance on the interpretation of prevailing speeds from an engineering and traffic survey. Specifically the 85 th percentile of observed free flow speeds is rounded up or down to the nearest 5 mph increment. That speed may be reduced by 5 mph if by engineering judgment there is a condition not readily apparent to drivers that warrants a reduction in speed. For example an 85 th percentile speed of 28 mph shall be rounded up to 30 mph and may be reduced to 25 mph based on engineering judgment. An 85 th percentile speed of 27 mph shall be rounded to 25 mph and may be reduced to 20 mph. 85 th percentile speeds between 18 and 22 mph shall be rounded to 20 mph and may be reduced to 15 mph. Page 2

POSSIBLE FUTURE ACTION Without meeting the conditions off Caltrans Policy Directive 08-06, staff does not recommend reducing the posted speed limit in school zones to 15 mph. Under CVC Section 22358.4 (a) and (b) it may be possible to post reduced speed limits if supported by the findings of engineering and traffic surveys. There are also other strategies that can be considered to increase safety around school sites. Specific strategies include evaluating the criteria for installation of speed feedback signs on key streets adjacent to school grounds, and pursuing Safe Routes to School (SR2S) grants. The City of Berkeley has been successful in the past in securing SR2S grants, which have provided funding for a whole range of safety-enhancing measures such as speed feedback signs, flashing beacons at uncontrolled pedestrian crossings, curb extensions (bulbouts), additional signage, and children and parent safety education programs. FISCAL IMPACTS OF POSSIBLE FUTURE ACTION Fiscal impact will depend on whether Council will opt to perform engineering and traffic surveys or to pursue other strategies listed above. The cost of engineering and traffic surveys and installation of resulting signs is approximately $3,000 per location ($1,800 engineering and $1,200 installation). There are 19 public schools in the City of Berkeley for a cost of $57,000 to evaluate and implement one reduced speed street at each school. Engineering, procurement and installation cost of speed feedback signs is between $9,000-$10,000 per location. Fiscal impacts of SR2S grants depend on the local match requirements of successful grants. CONTACT PERSON Farid Javandel, Manager, PW Transportation, 981-7061 Attachments: 1: Caltrans Policy Directive 08-06 2: California Vehicle Code Section 627 3: California Vehicle Code Section 22358.4 4: MUTCD Section 2B.13 Speed Limit Sign (R2-1) Page 3

Attachment 2 Engineering and Traffic Survey 627. (a) "Engineering and traffic survey," as used in this code, means a survey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities. (b) An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements. (2) Accident records. (3) Highway, traffic, and roadside conditions not readily apparent to the driver. (c) When conducting an engineering and traffic survey, local authorities, in addition to the factors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following: (1) Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district: (A) Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. (B) Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. (C) The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph (A) or (B). (2) Pedestrian and bicyclist safety. Amended Ch. 466, Stats. 1982. Effective January 1, 1983. Amended Sec. 1, Ch. 45, Stats. 2000. Effective January 1, 2001. Page 4

Attachment 3 Decrease of Local Limits Near Schools or Senior Centers 22358.4. (a) (1) Whenever a local authority determines upon the basis of an engineering and traffic survey that the prima facie speed limit of 25 miles per hour established by paragraph (2) of subdivision (a) of Section 22352 is more than is reasonable or safe, the local authority may, by ordinance or resolution, determine and declare a prima facie speed limit of 20 or 15 miles per hour, whichever is justified as the appropriate speed limit by that survey. (2) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (b) (1) Notwithstanding subdivision (a) or any other provision of law, a local authority may, by ordinance or resolution, determine and declare prima facie speed limits as follows: (A) A 15 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of less than 500 feet from, or passing, a school building or the grounds of a school building, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 15 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of less than 500 feet from, or passing, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 15 miles per hour. (B) A 25 miles per hour prima facie limit in a residence district, on a highway with a posted speed limit of 30 miles per hour or slower, when approaching, at a distance of 500 to 1,000 feet from, a school building or the grounds thereof, contiguous to a highway and posted with a school warning sign that indicates a speed limit of 25 miles per hour, while children are going to or leaving the school, either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching, at a distance of 500 to 1,000 feet from, school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a school warning sign that indicates a speed limit of 25 miles per hour. (2) The prima facie limits established under paragraph (1) apply only to highways that meet all of the following conditions: (A) A maximum of two traffic lanes. (B) A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the school zone. (3) The prima facie limits established under paragraph (1) apply to all lanes of an affected highway, in both directions of travel. Page 5

(4) When determining the need to lower the prima facie speed limit, the local authority shall take the provisions of Section 627 into consideration. (5) (A) An ordinance or resolution adopted under paragraph (1) shall not be effective until appropriate signs giving notice of the speed limit are erected upon the highway and, in the case of a state highway, until the ordinance is approved by the Department of Transportation and the appropriate signs are erected upon the highway. (B) For purposes of subparagraph (A) of paragraph (1), school warning signs indicating a speed limit of 15 miles per hour may be placed at a distance up to 500 feet away from school grounds. (C) For purposes of subparagraph (B) of paragraph (1), school warning signs indicating a speed limit of 25 miles per hour may be placed at any distance between 500 and 1,000 feet away from the school grounds. (D) A local authority shall reimburse the Department of Transportation for all costs incurred by the department under this subdivision. Amended Sec. 23, Ch. 279, Stats. 2005. Effective January 1, 2006. Amended Sec. 1, Ch. 384, Stats. 2007. Effective January 1, 2008. Page 6

Attachment 4 Section 2B.13 Speed Limit Sign (R2-1) Standard: After an engineering study has been made in accordance with established traffic engineering practices, the Speed Limit (R2-1) sign (see Figure 2B-1) shall display the limit established by law, ordinance, regulation, or as adopted by the authorized agency. The speed limits shown shall be in multiples of 10 km/h or 5 mph. Guidance: At least once every 5 years, States and local agencies should reevaluate non-statutory speed limits on segments of their roadways that have undergone a significant change in roadway characteristics or surrounding land use since the last review. No more than three speed limits should be displayed on any one Speed Limit sign or assembly. When a speed limit is to be posted, it should be within established at the nearest 10 km/h or 5 mph increment of the 85th-percentile speed of free-flowing traffic. Option: The posted speed may be reduced by 10 km/h (5 mph) from the nearest 10 km/h or 5 mph increment of the 85thpercentile speed, where engineering study indicates the need for a reduction in speed to match existing conditions with the traffic safety needs of the community. Support: An example of the application of this speed limit criteria is as follows: If the 85 th percentile speed in a speed survey was 60 km/h (37 mph), then the speed limit would be posted at 35 mph or optionally reduced to 30 mph. However, If the 85 th percentile speed in a speed survey was 61 km/h (38 mph), then the speed limit would be posted at 40 mph or optionally reduced to 35 mph. This method of establishing posted speed limits applies to all engineering and traffic surveys (E&TS) performed after May 20, 2004. This section, as amended for use in California, does not apply to E&TS performed prior to May 20, 2004. Examples: An Engineering and Traffic Survey (E&TS) performed on April 6, 1999 due for renewal on April 6, 2004 (5 years) would be performed per Chapter 8 of the 1996 Caltrans Traffic Manual, which was the applicable guidance at the time. This would then be due for renewal on April 6, 2009 using the California MUTCD criteria. However, if conditions of the E&TS and the applicable enforcement agency, its personnel and equipment meet provisions of CVC 40802.c.2.B.I, the E&TS could have been extended two additional years (for a total of 7 years). In this case, the posted speed limit(s) remain(s) enforceable for the seven-year period and would then be due for renewal on April 6, 2006 and would be renewed using California MUTCD criteria. Further, if at the end of the seven years, a registered engineer evaluates the highway section and determines that no significant changes in roadway or traffic conditions have occurred (see CVC 40802.c.2.B.II), the engineer could extend the E&TS for three additional years (for a total of 10 years). Renewal of the extended E&TS would then be deferred to April 6, 2009 and at that time performed with California MUTCD criteria. Option: Other factors that may be considered when establishing speed limits are the following: A. Road characteristics, shoulder condition, grade, alignment, and sight distance; Page 7

B. The pace speed; C. Roadside development and environment; D. Parking practices and pedestrian activity; and E. Reported crash experience for at least a 12-month period. Two types of Speed Limit signs may be used: one to designate passenger car speeds, including any nighttime information or minimum speed limit that might apply; and the other to show any special speed limits for trucks and other vehicles. A changeable message sign that changes the speed limit for traffic and ambient conditions may be installed provided that the appropriate speed limit is shown at the proper times. A changeable message sign that displays to approaching drivers the speed at which they are traveling may be installed in conjunction with a Speed Limit sign. Chapter 2B Regulatory Signs September 26, 2006 Part 2 - Signs California MUTCD Page 2B-8 (FHWA s MUTCD 2003 Revision 1, as amended for use in California) Guidance: If a changeable message sign displaying approach speeds is installed, the legend YOUR SPEED XX km/h (MPH) or such similar legend should be shown. The color of the changeable message legend should be a yellow legend on a black background or the reverse of these colors. Support: Advisory Speed signs are discussed in Sections 2C.36 and 2C.46 and Temporary Traffic Control Zone Speed signs are discussed in Part 6. Speed limits in California are governed by the California Vehicle Code (CVC), Sections 22348 through 22413; also, pertinent sections are found in Sections 627 and 40802 and others referenced in this section. See Section 1A.11 for information regarding this publication. Refer to Part 6, Section 6C.01 for speed limit signs in temporary traffic control zones. Refer to Part 7 for speed limit signs in school areas. Engineering and Traffic Survey (E&TS) Support: CVC Section 627 defines the term Engineering and traffic survey and lists its requirements. Standard: An engineering and traffic survey (E&TS) shall include, among other requirements deemed necessary by the department, consideration of all of the following: (1) Prevailing speeds as determined by traffic engineering measurements. (2) Collision records. (3) Highway, traffic, and roadside conditions not readily apparent to the driver. Guidance: The E&TS should contain sufficient information to document that the required three items of CVC Section 627 are provided and that other conditions not readily apparent to a driver are properly identified. Prevailing speeds are determined by a speed zone survey. A speed zone survey should include: The intent of the speed measurements is to determine the actual speed of unimpeded traffic. The speed of traffic should not be altered by concentrated law enforcement, or other means, just prior to, or while taking the speed measurements. Only one person is required for the field work. Speeds should be read directly from a radar or other electronic speed measuring devices; or, Devices, other than radar, capable of accurately distinguishing and measuring the unimpeded speed of free flowing vehicles may be used. Page 8

A location should be selected where prevailing speeds are representative of the entire speed zone section. If speeds vary on a given route, more than one speed zone section may be required, with separate measurements for each section. Locations for measurements should be chosen so as to minimize the effects of traffic signals or stop signs. Speed measurements should be taken during off-peak hours between peak traffic periods on weekdays. If there is difficulty in obtaining the desired quantity, speed measurements may be taken during any period with free flowing traffic. The weather should be fair (dry pavement) with no unusual conditions prevailing. The surveyor and equipment should not affect the traffic speeds. For this reason, an unmarked car is recommended, and the radar speed meter located as inconspicuously as possible. In order for the sample to be representative of the actual traffic flow, the minimum sample should be 100 vehicles in each survey. In no case should the sample contain less than 50 vehicles. Short speed zones of less than 0.8 km (0.5 mi) should be avoided, except in transition areas. Speed zone changes should be coordinated with changes in roadway conditions or roadside development. Speed zoning should be in 20 km/h (10 mph) increments except in urban areas where 10 km/h (5 mph) increments are preferable. Speed zoning should be coordinated with adjacent jurisdictions. Chapter 2B Regulatory Signs September 26, 2006 Part 2 - Signs California MUTCD Page 2B-9 (FHWA s MUTCD 2003 Revision 1, as amended for use in California) Support: Physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. Refer to CVC 22358.5. Option: When qualifying an appropriate speed limit, local authorities may also consider all of the following findings: 1. Residential density, if any of the following conditions exist on the particular portion of highway and the property contiguous thereto, other than a business district: a. Upon one side of the highway, within 0.4 km (0.25 mi), the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or business structures. b. Upon both sides of the highway, collectively, within a distance of 0.4 km (0.25 mi) the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures. c. The portion of highway is larger than 0.4 km (0.25 mi) but has the ratio of separate dwelling houses or business structures to the length of the highway described in either subparagraph a or b. 2. Pedestrian and bicyclist safety. The following two methods of conducting E&TS may be used to establish speed limits: Page 9

1. State Highways - The E&TS for State highways is made under the direction of the Department of Transportation s District Traffic Engineer. The data includes: a. One copy of the Standard Speed Zone Survey Sheet (See Figure 2B-101(CA)) showing: A north arrow Engineer's station or post mileage Limits of the proposed zones Appropriate notations showing type of roadside development, such as scattered business, solid residential, etc. Schools adjacent to the highway are shown, but other buildings need not be plotted unless they are a factor in the speed recommendation or the point of termination of a speed zone. Collision rates for the zones involved Average daily traffic volume Location of traffic signals, signs and markings If the highway is divided, the limits of zones for each direction of travel Plotted 85 th percentile and pace speeds at location taken showing speed profile b. A report to the District Director that includes: The reason for the initiation of speed zone survey. Recommendations and supporting reasons. The enforcement jurisdictions involved and the recommendations and opinions of those officials. The stationing or reference post in kilometers (mileage) at the beginning and ending of each proposed zone and any intermediate equations. Location ties must be given to readily identifiable physical features. 2. City and County Through Highways, Arterials, Collector Roads and Local Streets. a. The short method of speed zoning is based on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of motorists, and that by measuring motorists' speeds, one will be able to select a speed limit that is both reasonable and effective. Other factors that need to be considered include but are not limited to: the most recent two-year collision record, roadway design speed, safe stopping sight distance, superelevation, shoulder conditions, profile conditions, intersection spacing and offsets, commercial driveway characteristics, and pedestrian traffic in the roadway without sidewalks. Page 10

b. Determination of Existing Speed Limits - Figures 2B-103(CA) & 2B-104(CA) show samples of data sheets which may be used to record speed observations. Specific types of vehicles may be tallied by use of letter symbols in appropriate squares. In most situations, the short form for local streets and roads will be adequate; however, the procedure used on State highways may be used at the option of the local agency. Chapter 2B Regulatory Signs September 26, 2006 Part 2 - Signs California MUTCD Page 2B-10 (FHWA s MUTCD 2003 Revision 1, as amended for use in California) Guidance: The factors justifying a reduction below the 85 th percentile speed for the posted speed limit are the same factors mentioned above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone survey or the accompanying engineering report. The establishment of a speed limit of more than 10 km/h (5 mph) below the 85 th percentile speed should be done with great care as studies have shown that establishing a speed limit at less than the 85 th percentile generally results in an increase in collision rates; in addition, this may make violators of a disproportionate number of the reasonable majority of drivers. Support: Generally, the most decisive evidence of conditions not readily apparent to the driver surface in collision histories. Speed limits are established at or near the 85 th percentile speed, which is defined as that speed at or below which 85 th percent of the traffic is moving. The 85 th percentile speed is often referred to as the critical speed. Pace speed is defined as the 16 km/h (10 mph) increment of speed containing the largest number of vehicles (See Figure 2B- 102(CA)). The lower limit of the pace is plotted on the Speed Zone Survey Sheets as an aid in determining the proper zone limits. Speed limits higher than the 85 th percentile are not generally considered reasonable and prudent. Speed limits below the 85 th percentile do not ordinarily facilitate the orderly movement of traffic and require constant enforcement to maintain compliance. Speed limits established on the basis of the 85 th percentile conform to the consensus of those who drive highways as to what speed is reasonable and prudent, and are not dependent on the judgment of one or a few individuals. The majority of drivers comply with the basic speed law. Speed limits set at or near the 85 th percentile speed provide law enforcement officers with a limit to cite drivers who will not conform to what the majority considers reasonable and prudent. Further studies show that establishing a speed limit at less than the 85 th percentile (Critical Speed) generally results in an increase in collision rates. Option: When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, as indicated in collision records, speed limits somewhat below the 85 th percentile may be justified. Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone. Guidance: Speed zones of less than 0.8 km (0.5 mi) and short transition zones should be avoided. Page 11