RTC#03-090 Attachment B

Attachment B DRAFT COPY

Revision #	Section #	Name	Code with BPAC recommended Changes	BPAC Recommendation	Staff Recommendation
B1	8.16.130	Trash collection stations, number and location	….(e) no residential carts, debris bins, or dumpsters can be placed in a bike lane without proper bike lane closure and warning signs as recommended in the Work Area Traffic Control Handbook; debris boxes cannot be placed in the street where there is no on-street parking allowed; that there be a separate fee if a debris bin is placed in the street; active lighting shall be placed on all dumpsters and debris bins placed on the street; and that debris bins or dumpsters may not be placed on arterial or collector streets.	The BPAC believes that debris bins, trash collection stations and dumpsters in the streets are possible hazards to bicyclists. The BPAC recommends the including the following modifications to the ordinance: no residential carts, debris bins, or dumpsters can be placed in a bike lane without proper bike lane closure and warning signs as recommended in the Work Area Traffic Control Handbook; debris boxes cannot be placed in the street where there is no on-street parking allowed; that there be a separate fee if a debris bin is placed in the street; active lighting shall be placed on all dumpsters and debris bins placed on the street; and that debris bins or dumpsters may not be placed on arterial or collector streets. Also the BPAC believes shipping containers are unregulated and need regulation. The Committee asks that Council direct staff to look into further action for regulations.	Staff cannot support this recommendation from the BPAC. Staff believes that the BPAC recommendation may stem from a faulty premise; that debris bins, trash collection stations and dumpsters in the street are hazards for bicyclists. In the last 12 years that the Sunnyvale refuse collection system has been in place, there has not been any accident or injury to a bicyclist (in Sunnyvale or any other jurisdiction) that was caused by a refuse containers in the street.
B2	10.56.020	Bicycle License Required	The committee recommends that all codes related to the requirement of bike licensing be deleted	The BPAC recommends that bicycle licensing become a voluntary instead of mandatory action.. The BPAC feels that the Department of Public Safety is not equipped or trained to administer this program for adult bicyclists. The Committee also feels that the Department of Public Safety should work closely with the committee to improve and strengthen the program if it is to be a mandatory program.	Staff cannot support this recommendation. Staff believes that the program is an important educational tool as well as a tool to facilitate the return of stolen property.
B3	10.56.140	Riding on sidewalks and overhead pedestrian crossings - prohibited	It is unlawful for any person to ride or operate a bicycle upon any sidewalk or upon any overhead pedestrian crossing over any street, roadway, state highway or state freeway that is signed for pedestrian use only within the city. A person commits the offense of unsafe operation of a bicycle on a sidewalk if the person does any of the following: (a) Operates the bicycle so as to suddenly leave a curb or other place of safety and move into the path of a vehicle that is so close as to constitute an immediate hazard. (b) Operates a bicycle upon a sidewalk and does not give an audible warning before overtaking and passing a pedestrian and does not yield the right of way to all pedestrians on the sidewalk. (c) Operates a bicycle on a sidewalk in a careless manner that endangers or would be likely to endanger any person or property. (d) Operates the bicycle at a speed greater than an ordinary walk when approaching or entering a crosswalk, approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a motor vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This paragraph does not require reduced speeds for bicycles either: (A) At places on sidewalks or other pedestrian ways other than places where the path for pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or (B) When motor vehicles are not present. Children under the age of thirteen years may ride and operate their bicycles in single file upon any sidewalk, except sidewalks adjacent to schools, store buildings or other buildings used for commercial purposes, subject to their exercising due care and giving any pedestrian the right-of-way. Children under the age of thirteen years shall not ride or operate their bicycles upon any overhead pedestrian crossing.	BPAC recommends that this provision be revised to allow bicyclists to ride on the sidewalk as long as it is done with in the regulations put forth in this ordinance.	This ordinance appears to exceed what is permitted under existing California law.
B4	10.56.220	Parking	It is unlawful for any person to park, or allow to remain parked, any bicycle (1) upon any public street or roadway other than in such a manner that some portion of the bicycle touches the curb and so as to afford the least obstruction to vehicular traffic;in such a way as to impede traffic or (2) upon any public sidewalk except in a bicycle rack, or against a building, or by means of a stand to maintain the bicycle in a vertical position, or at a curb, and in such a manner as to afford the least obstruction to pedestrian traffic	The BPAC feels that the wording that requires that one wheel be in contact with the curb is arbitrary and unnecessary.	Staff does not support this BPAC recommendation. The Department of Public Safety needs a readily determined method of assessing the situation and the current criteria (one wheel touching the curb) is an objective measure that Public Safety Officers can easily refer to. The section mirrors the California Vehicle Code that requires a motorcycle, while parked on the street, to have one tire or fender in contact with the curb (22502 CVC). Staff recommends that the statute remain as written because the statute gives a concrete, non subjective regulation to enforce.
B5	13.8	Right of Way Encroachments		The BPAC would like a new code requiring that if a lane is narrowed below the standard width during temporary construction, that the "Bikes Allowed Use of Full Lane" be posted. The BPAC understands that their concerns about bicycle safety through construction zones is one that are currently being addressed by public works staff and that a new regulation may not be the most effective solution. .	Staff does not support this recommendation. Contractors and City crews follow the regulations specified in the Caltrans Traffic Manual and the Work Area Traffic Control Handbook regarding construction zone traffic controls. Staff is also currently working with the Committee to address their concerns regarding this item.
B6	19	Bike access to drive through windows		Drive-through businesses in Sunnyvale have consistently refused service to bicyclists, even when the drive-through window is the only section of the restaurant that is open. The BPAC would like an ordinance passed that ensures drive-through service to bicyclists.	Staff and the BPAC agree that this recommendation is not within the scope of this study issue, and that further detailed study of possible impacts and benefits is required before staff could recommend the introduction of such an ordinance.
B7	19	Bike parking requirement for all new development		Require that all new developments include bike parking.	Staff and the BPAC agree that this recommendation is not within the scope of this study issue, and that further detailed study of possible impacts and benefits is required before staff could recommend the introduction of such an ordinance.
B8	19	Speed bumps in development		Speed bumps should be regulated in private development. They must have cuts for bikes and be properly marked.	Staff and the BPAC agree that this recommendation is not within the scope of this study issue, and that further detailed study of possible impacts and benefits is required before staff could recommend the introduction of such an ordinance.

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