Death Déjà Vu on Pacific Coast Highway

CityWatch, Nov 12, 2010
Vol 8 Issue 90

The City of Los Angeles is preparing to engage in a construction project on Pacific Coast Highway that has cyclists up in arms, claiming that the intermittent lane closure, K-rail placement, and prohibition on cyclists is a violation of the law and a demonstration of poor planning. The project in question is the Bureau of Engineering "Coastal Interseptor Relief Sewer" that runs from Will Rogers State Beach to the City of Santa Monica Border.

Cyclists claim that the proposed traffic mitigation plan violates the law by banning cyclists from PCH and is reminiscent of the Caltrans permitted construction site of five years ago that was the site of the tragic deaths of two cyclists.

At 10 am on October 31, 2005, Scott Bleifer, 41 and Stanislav Ionov, 46 were riding north in the shoulder of PCH when they encountered K-rail that blocked the shoulder, forcing them into the adjacent travel lane at a high speed.

They were then hit from behind and killed by the driver of a catering truck who ran over them and then continued without stopping until farther down the road.

The driver was charged with two counts of felony vehicular manslaughter and two counts of felony hit-and-run in their deaths. He told investigators that he didn't see the cyclists until it was too late to stop.

The flyer that the City released last week details a traffic mitigation plan that includes banning cyclists from PCH at Will Rogers State Beach, requiring them to exit through a construction site in the parking lot and then ride to Santa Monica before returning to PCH.

Cyclists have engaged in animated discussions with both the Pacific Coast Highway Task Force and at the Caltrans Bicycle Advisory Committee, protesting the permitting process of Caltrans and the traffic mitigation plans of the City of LA.

PCH has a long legacy as a congested and conflicted route, not just for cyclists but for pedestrians and for motorists.

In 2008 Caltrans created "Encroachment Permit Protocols" to address this conflict but detractors claim that it demonstrates a motor vehicular bias and fails to support the needs of pedestrians, mass transit passengers and cyclists on PCH.

On a per-mile basis, the fatal crash rate for motorists on the two-mile stretch of PCH running through West Los Angeles is considerably higher than on the twenty-one miles of PCH that runs through Malibu.

If the City of Los Angeles is serious about safety on the streets of LA, it will seize this opportunity and work with the community to make PCH safer for all road users.

(Stephen Box is a grassroots advocate and writes for CityWatch. He can be reached at: Stephen@thirdeyecreative.net. Disclosure: Box is also a candidate for 4th District Councilman.)

Breakin' the law and proud of it!

One would think that those about to break the law would be discrete about it, but when law enforcement and municipal authorities get busy abusing rules and violating rights, some of them do it with bravado and confidence, announcing their actions with confidence.

The City of Los Angeles recently released a flyer and an accompanying email that informs the public "No bicyclists allowed within the construction zone along PCH" which violates the California Vehicle Code and the Caltrans standard for access and accommodation. It is incumbent on the City of LA to provide for all modes and taking one group off the street is not a solution, no matter how well-intentioned. It demonstrates that those in charge are either cavalier or uninformed. Either way, it's not only illegal, it's unsafe and the variable K-Rail traffic plan is a tragedy waiting to happen.

The City of Malibu takes a different approach to breaking the law, allowing the Los Angeles County Sheriff's Department (LASD), which is responsible for PCH through the City of Malibu, to enforce laws that don't exist. In response to a complaint that cyclists were not riding single file (not required to, no such law) the LASD incorrectly advised the City Manager that riding side-by-side was illegal. In response to a complaint that cyclists weren't riding on the shoulder (not required to, no such law) the LASD incorrectly advised the City Manager that cyclists are required to use the shoulder when one exists. This novel approach to law enforcement has further exacerbated an already tense environment by adding confusion and misinformation to the mix.

The City of Santa Monica has a unique style for breaking the law, taking valid laws and then cranking them up to the point of absurdity. Santa Monica, as permitted by state law, cites cyclists for not having bike licenses. But then Santa Monica goes on to exceed their authority by requiring anyone riding through the city to obtain a permit (state law limits bike license requirements to residents) and then applies a penalty that exceeds the state mandated $10 maximum with a threat of six months in jail and/or up to $1,000 in fines.

The City of Thousand Oaks finds California Vehicle Code very confusing and gets highways and roadways mixed up, applying both inappropriate and fictional standards to cyclists who ride bikes "the wrong way" on sidewalks, explaining that cyclists must ride to the right of vehicular traffic traveling in the same direction. (sidewalks are non-directional) The penalty for this offense is $180.


The City of Los Altos Hills is one of the proudest offenders, they actually took paint to the street and wrote "No Bikes" in very large letters on El Monte Road, a popular cycling route. To their credit, Los Altos Hills quickly reversed their ways and removed all the offending paint, disappointing the cyclist who pointed out that simply removing the "NO" would leave a nice affirmative on the streets.

The City of Pasadena chose the public hearing process as the venue of choice for their assault on the law, scheduling not one but two readings of their proposed restriction on cyclists, all as a result of congestion and conflict at the Rose Bowl. Invoking the non-existent rights of a municipality to restrict cyclists from riding side-by-side, the City Council twice weathered the storm of public outrage that ran into the late night hours before conceding defeat.

The City of Burbank adds a stern touch to the Chandler Bikeway with their "Walk Bike" signage at crossings, enforcing a non-existent law with white rectangular regulatory authority. While their stated intention is "safety" for the cyclists, perhaps it would be safer for all concerned if the motorists were instructed to exit their vehicles and push them through the intersection. Meanwhile, the conflict on the Chandler Bikeway can be found...on the path.

The City of Los Angeles took note of Burbank's misuse of regulatory signage and ordered yellow advisory "Walk Bike in Crosswalk" signage that they posted on Jefferson Avenue outside USC, apparently in an effort to support the estimated 15,000 cyclists who ride to school. While good advice is always appreciated, this advice is hardly good and it comes with the threat of a $250 ticket for violating a warning! The LADOT installed the signs and the LAPD supported the effort by working with USC's Department of Public Safety to enforce the mythological law. This dubious partnership has resulted in an empowered DPS which now operates with an inflated perception of their legal authority, to the dismay of those who know the law.

The City of Los Angeles is no stranger to the controversy over cyclists riding in the crosswalk. Last year a cyclist rode across the street in a crosswalk in a residential community, only to be struck by a right turning DWP truck and killed. The LAPD determined that the cyclist was the "primary cause" of the incident because "she was riding a bike in a crosswalk in violation of CVC 21200 which requires a cyclist to obey the rules of the road." the LAPD PIO went on to explain that "Cyclists must either dismount at crosswalks or ride on the right side of the road with traffic." The City Attorney's office continues to support this position, even when contradicted by CVC 21650. Meanwhile, the City of LA and the Metro continue to build bike paths such as the Orange Line that take cyclists across intersections in crosswalks.

The City of Los Angeles is in good company when it comes to misunderstanding crosswalks. Conor Lynch was recently killed while crossing the street midblock. The LAPD was quoted by the LA Times in pointing out that Conor was not crossing the street in a crosswalk. This may have been true, but it reflects a misconception that midblock crossings are "jaywalking" violations but they're not. Streets are for crossing unless between adjacent intersections controlled by traffic signal devices or law enforcement.

http://www.youtube.com/watch?v=xEPmomM1YvQ

The City of Long Beach went beyond inappropriate flyers and signage, selecting YouTube as the appropriate venue for a demonstration of their creative law enforcement strategies. Some might cringe when hearing the LBPD Officer state "You know what, because you’re argumentative, I’m gonna give you another ticket. And then you can fight two tickets." A punitive ticket, clearly explained by the offending law enforcement officer!

The LBPD officer sets the tone for the interaction by informing the cyclist "You were impeding my traffic." In doing so he clearly demonstrates a lack of understanding of CVC 21656 "On a two-lane highway...a slow-moving vehicle...behind which five or more vehicles are formed in line, shall turn off the roadway at the nearest place designated as a turnout by signs erected by the authority having jurisdiction over the highway..."

The LBPD officer goes on to misquote the law, telling the cyclist that the California Vehicle Code says "‘bicyclists must ride to the right side of the road." It doesn't. CVC 21654 says "...any vehicle proceeding upon a highway at a speed less than the normal speed of traffic moving in the same direction at such time shall be driven in the right-hand lane for traffic or as close as practicable to the right-hand edge or curb... "Or" is a mighty big word.

Cyclists in the LA Area are acutely aware that the legal landscape is quite uneven. Different agencies, authorities, and departments vary greatly in their interpretation of the law and their enforcement strategies. LA County is home to 88 municipalities and the number of different law enforcement authorities is quite large. Within the City of Los Angeles, a cyclist may encounter officers from departments that include CHP Troopers, State Park Rangers, County Sheriffs, Harbor Police Airport Police, School Police, Library Police, General Services Police, City Park Rangers, and of course, the Los Angeles Police Department. Collectively, they enforce the law. Individually, they operate according to their own priorities and interpretations.

This is why the cyclists of LA need the Cyclists' Bill of Rights, a document that starts the conversation affirmatively, with a foundation of rights that are already codified in the constitution, the CVC, departmental directives, policies, and municipal codes.

CityWatchLA - Without a Car in the World

CityWatch, Oct 23, 2009
Vol 7 Issue 87

Artist Diane Meyer challenges the primacy of LA's auto-centric transportation system and puts the spotlight on the "alternative" element with her 18th Street exhibit "Without A Car in the World" (100 Car-less Angelinos Tell Stories of Living in Los Angeles). Pairing beautiful lifestyle portraits with poignant and pithy interviews, Meyer brings to life the wide variety of subjects, ranging from the idealists who eschew the automobile as part of a lifestyle commitment to those who live car-free lives because of economic, legal, and health limitations.

The timing of "Without a Car in the World" is especially relevant, coming on the heels of Mayor Villaraigosa's legacy battle for a regional transportation plan that has communities throughout the county fighting over projects and funding, and engaging in parochial high-altitude bombing, all claiming to represent the "common man" but demonstrating at every turn a commitment to representing those who already have the freedom of choice.

Meyer's show features the invisible constituency, the 30% of LA's population who have no choice, who will never show up at a High Speed Rail press conference and who will never travel to One Gateway Plaza to address the Metro Board with 60 seconds of public comment. Instead, their stories are told on the gallery walls of a Westside gallery, 18th Street Arts Center, one with a great reputation for stirring the public discourse and featuring art that engages the community.

My wife Enci and I were honored to be selected as subjects and we rode our bikes to the opening of the show, pedaling over with a couple of friends who were also featured.

For a while, it seemed like a family reunion, there were so many friends from so many walks of life and from all over Los Angeles. But slowly the "glow" wore off and our focus moved to the subjects that we didn't recognize, the "invisible" Angelenos who travel quietly and patiently, simply attempting to get home safely to their families each night.

Just to the left of our portrait, right in the center of the gallery, hung a picture of three men, day-laborers, who tell of getting picked up for work, transported to a strange neighborhood where they toil for long hours, getting paid in cash and then having to figure out their way home, late at night, strangers in a strange land!

A blind man tells of sitting on the bus bench, listening to the pitch of the oncoming engines, rising to meet every bus, never knowing which one is his and always wondering about the ones that don't stop.

A man in a wheelchair boasts of his intimate knowledge of sidewalks and curbcuts and his ability to get around, never in a direct line but navigating the obstacles that the average person simply steps over and ignores.

Balancing it out are stories of a skateboarder who tears up shoes but loves to skate everywhere, cyclists who celebrate the freedom of riding the mean streets of Los Angeles and social creatures who thrive on the camaraderie found on mass transit.

Urban planners and social scientists smile as they take the high road, positioning their small footsteps as the beginnings of the impending transportation revolution. Some spoke of their transportation choices as simple economic decisions based on priorities that favored tuition and family over autos while others used mass transit and bragged of the work they were able to complete while commuting.

But the story that established the baseline against which the success of LA's transportation system must be judged was told by a gentlemen who simply explained "I'm on the bus six, seven hours a day. MTA doesn't see what we see, they need to come from behind the desk, take a two or three day trip, get on all the buses, see how they aren't on schedule, they're always crowded ..."

When we arrived at the opening of the show, we were honored, but by the end of the evening, we were humbled.

Enci and I ride bikes in LA because we choose to ride, we "Storm the Bastille" and we celebrate our freedom and we lay claim to the streets, reveling in the growing numbers of cyclists who often share the "See you on the Streets!" greeting that has become our battle cry.

But after meeting so many people who walk, roll, pedal and use mass transit simply because they have no other choice, I realize that we also ride for those who can't attend the Pedestrian Advisory Committee or the Bike Plan Workshop or the Metro Board hearings.

We ride for the significant number of Angelenos who have no choice, who have no voice and who represent the failure of LA's Transportation System.

LA's weakest and most vulnerable community members live in fear, sometimes unable to simply cross the street. If LA is to become a Great City, it will start with a commitment to mobility as a civil right, a basic guarantee of effective transportation choices that extends to everybody.

Until then, Los Angeles is simply a city under siege.

Note:

Without A Car in the World
continues through December 11.
18th Street Arts Center
1639 18th Street
Santa Monica, CA 90404

(Stephen Box is a transportation and cyclist advocate and writes for CityWatch. He can be reached at Stephen@thirdeyecreative.net) ◘

LA.Streetsblog - Car Is Still King at Alt-Car Expo

by Stephen Box on October 6, 2009

Santa Monica's AltCar Expo made it crystal clear, from a distance and in the parking lot, "The Car is King" and all else receives a token gesture and comes in a distant second.

I attended the 4th Annual AltCar Expo misunderstanding the concept and expected to find "Alternatives-to-the-Car" at the Expo, thinking that the promise of "Alternative Fuel and Transportation" would entail some shift in the auto-centric focus but I was wrong.

Attendees to the Santa Monica Civic Auditorium event were promised cheap parking and upon arrival were greeted with abundant opportunities to test drive "alternative-cars" including automobiles that ran on electricity, hydrogen, cooking oil, good intentions and high-hopes. People lined up as beautiful men and women plied them with data and promises and assurances that by driving these beautiful "AltCars" they would seriously change the world. Immediately.

Hidden behind a bus and a large truck and at the very back of the parking lot was an area reserved for the "Alternatives-to-the-Car" such as the Segway, the electric bicycles and other options that were obviously secondary and obligatory and not even close to worthy of headliner status. Such was the priority of the Expo.

The LA Greensters, Hollywood's first all pedal powered transpo team, had a "double-wide" booth which Ron "the Sherpa" Durgin and Jeremy Grant turned into Park[ing] Booth, recreating the park that the LOAD[ing] Zone team hauled across LA as part of the Park[ing] Day LA celebration. Park[ing] Booth screened videos including Reel Sustainable, a documentary about sustainable film production, Park[ing] Day LA and the Crenshaw Crush, a Greenster organized discovery bike ride in the Crenshaw District.

We had a great time in "the Annex" and the folks that stopped by Park[ing] Booth were tickled to hear of the LA Greensters, the see the Xtracycles on display and to hang out in the Park[ing] Booth and to watch videos that demonstrated that the bike was a serious option for moving gear, for shopping, and for all of the basic transportation needs that come up in a community.

Our neighbors in "the Annex" ranged from a design team that built a electric assist bicycle capable of 35mph, a woman who conducts weddings on bikes, BikeRoWave bike co-op, the, a Dahon folding bike dealer and other "Alternatives-to-the-Car" folks. Meanwhile, in the main room...



There were cars. Big cars and fast cars. Cars from the major manufacturers and cars from small startups. GM had a booth, Daimler had a booth, Mini had a booth, a guy named Bob had a booth and they all promised motor vehicles with incredible performance but without the petrol.

Bravo! All the congestion but without the pollution.



I took a lap to get the lay of the land and then I took a much slower lap and once I had dispensed with the automobiles, I found several non-vehicle booths tucked into the main room. The Clif Bar booth is always a favorite and although I was a wee bit jealous that they were in the main room while the LA Greensters were in "the Annex", I was happy to take advantage of their wares.

I came across a booth that featured a motor vehicle and I almost slipped right by until I realized they weren't promoting the vehicle but were instead washing it without using water. The Lucky Earth company sells a non-toxic, dye free, cleaning solution that is sprayed on your dirty vehicle and with a "spritz, spritz" and a "wipe, wipe" leaves behind a sparkling clean car with no wasted water. When my mild interest was met with an offer of a bottle, I declined and explained that I had no car to wash. They immediately switched bottles and gave me "Bike Wash" demonstrating very clearly that if these people were hosting the Metro's booth, there would be more people riding mass transit.

Lemonade, the catering company, got in the swing of things and enticed the "green" crowd to pay more for less by positioning a large poster at the beginning of the lounge that dramatized the impact of methane vs. the impact of auto emissions, positioning guilt as the appetizer for the vegan-fare that served as penance for the supplicants.

Lest there be any confusion, let me clarify, Ed Begley Jr. is still the reigning Rock Star of the Green Revolution and there were two booths proudly displaying a life-sized cutout of Ed, demonstrating that there are two kinds of green products on the market. Those that enrich Ed and those that don't. Ed was selling a system that reduced "phantom-power" waste and promised to reduce utility bills by 25% and Ed was selling a water system that promised to provide clean water. It was good to see Ed and I thoroughly enjoyed his water, especially since it was delivered in a cup that appeared to be plastic but was actually made from corn starch and was bio-degradable. I was thirsty so I drank a few glasses of water but I drank quickly, worried that the cup would start to fade on me as I drank. It all worked out and I was again in Ed's debt!



It was quickly apparent that there were three "castes" at the AltCar Expo with the "Alternative Car" in first position, the "Green Products and Services" in second position and the "Alternatives to the Car" in third position. Once I was clear on the lay of the land and on the structure, I settled in and simply invited folks to visit the "Annex" which I rebranded as the "VIP" room and things picked up accordingly at the Park[ing] Booth.

Sometime during the afternoon on Friday, I noticed an increase in the number of "men in suits" making repetitious laps around the facility and it dawned on me that it was time to go into "Guv mode." We tidied up our booth and repositioned our selves, spreading out and putting DJ Chickenleather in a lead position, now very grateful for the Lucky Earth bike wash!

Sure enough, just as the Expo closed to the public and just as the staff for the Metro, the Big Blue Bus and all of the other "clock in an go to work in a booth" folks had left the Expo Hall, a dozen large black vehicles pulled up and Governor Arnold Schwarzenegger stepped into the Main Room of the AltCar Expo and the show began. Booth by booth, car by car, the Guv strolled through the Expo, surrounded by an entourage that started off as a group of individuals but within minutes had taken on amorphous qualities and began to move an a singular entity featuring the head of the Guv and then two dozen feet, two dozen hands and a half-dozen cameras flashing at regular intervals.

Governor Schwarzenegger visited every booth featuring a car, a generator, a battery, a cable, and anything else related to moving motor vehicles, demonstrating the traditional commitment to the personal motor vehicle and the complete disconnect from the larger challenge of getting people out of cars and of providing transportation alternatives. The Governor spent close to an hour visiting the booths in the main room and he was methodical, almost Austrian, in his up-down, back and forth, survey of the AltCar Expo. Then the pace quickened and it was apparent that the Governor's visit was ending and the entourage headed toward the exit.

In a demonstration of the disproportionate energy and attention that is dedicated to traditional auto-centric transportation vs. alternative transportation, Governor Swarzenegger spent 55 minutes looking under the hoods of electric and hydrogen vehicles and two minutes talking alternative transportation. Of course, I'm grateful for those two minutes, especially because he spent them talking to the LA Greensters!

As the Yukons outside idled and Santa Monica's air quality dipped, Governor Arnold Schwarzenegger was introduced to the LA Greensters, Hollywood's first all pedal-powered transportation team, featured in Reel Sustainable, the documentary that asks the hard question, "Can Hollywood produce films sustainably?" The LA Greensters demonstrated that the answer is yes by hauling all grip and electric, camera and audio gear on Xtracycles and with trailers, supporting the full shoot from shopping at farmers markets to all production runs, using only bicycles.

The Governor smiled and nodded, said "Great!" and I'm convinced that for a moment he contemplated ditching the entourage and instead hanging out with the LA Greensters. Maybe next time!

League of American Bicyclists Tarnishes the Bronze

Photo by Gary Kavanagh

The League of American Bicyclists has a long history of fighting for the rights of cyclists. Formerly know as the League of Wheelmen, they have been around since 1880.

In many ways not much has changed from the early days.

The League was there in the early days to counter antagonism against cyclists from horsemen, wagon drivers, and pedestrians. Now we find ourselves up against motorists, bus operators, and law enforcement officers.

The League was there in the early days leading 100K cyclists in a campaign for paved roads, an improvement that benefitted many and led to our national highway system.

Along the way there have been ups and downs and discontent within the League but through it all, they have maintained a position as the national voice of cyclists.

That's why it's especially hard to criticize but all the more important to point out when they fumble, especially when it sets local bike activists back in their efforts to make their communities "Bike Friendly."

First there was the League of Bicyclist's award to the City of Los Angeles of an honorable mention as a "Bike Friendly" city last year. This tarnished the League's credibility and set the concept of "Bike Friendly" awards back a notch. Apparently the award was based on intentions and the fact that the City of Los Angeles had embarked on a Bike Plan update journey. That's the Bike Plan that was due last year and is still under wraps.

Now there is the League of Bicyclist's award to the city of Santa Monica of a Bronze Status as a "Bike Friendly" city. The award is being given today.

Santa Monica is a great city with many wonderful attributes and their bike valet program is one of the best. BUT surely a city with a police department that has a special "cycling suppression" detail that regularly squishes group rides and writes tickets that exceed common sense would get disqualified from the process.

The League of American Bicyclists is a wonderful organization but it has completely destroyed the "Bike Friendly" program with it's completely disconnected and superficial awards to Los Angeles and Santa Monica. The greatest mistake in this process is that they didn't engage the cycling community in the process, they didn't require the award applicant to account for their relationship with the cycling community, they simply engaged in bureaucrat to bureaucrat award negotiation and I believe the cyclists who ride the streets of these communities deserve better.

Attached is an article from the Santa Monica Press Telegram that covers the LAB Bronze award for Santa Monica.

City recognized for its dealings with bicycles

By Kevin Herrera for the Santa Monica Daily Press

May 22, 2009
CITYWIDE — Boasting nearly 16 miles of bike lanes and a popular valet program catering to those who use pedal power, Santa Monica was recently recognized for being a bicycle friendly community by a national organization advocating on behalf of cyclists.

The League of American Bicyclists, which represents the interests of the nation's 57 million cyclists, awarded City Hall with a bronze level distinction for its "remarkable commitments to bicycling," placing an emphasis on bike lanes, the valet program and future plans to build bicycle parking facilities Downtown.

"We are trying to create a supportive environment for biking in Santa Monica and we feel we need to help people make different choices when planning a trip," said Beth Rolandson, a principal transportation planner for City Hall and an avid cyclist.

"It's a challenge," Rolandson added. "It's really about education for everyone, both bicyclists and pedestrians, as well as drivers, so we can all co-exist safely."

Santa Monica is the first city on the Westside to be honored with the award, and is joined by Long Beach, which represents the southern portion, among this year's honorees. The previous recipients from the county are Claremont and Santa Clarita.

The news came as a shock to some riders who have complaints about City Hall's failure to keep pedestrians off the beach bike path and aggressive police officers harassing those participating in monthly, organized rides such as Critical Mass.

"Santa Monica is a great place with the infrastructure in place and fun rides … but until we focus on equality and that becomes the foundation, we are never going to get that level playing field," said Stephen Box, co-founder of the Bike Writers Collective, which has created a "Cyclists' Bill of Rights" that has been adopted by the city of Los Angeles, but not Santa Monica.

"If you focus on equality, then you can design streets that are good for everybody," Box added. "It's the basic principal that our streets are public spaces and [cyclists] should be equal partners in that space."

Cities are recognized by the league for their role in actively supporting cycling for fun, fitness and transportation and are judged by their record in promoting bicycling in five key areas: education, engineering, enforcement, encouragement, and evaluation.

Nationally, 108 of the 274 communities that have applied have been honored, representing some 37 states, according to the league.

The bronze designation is one with real meaning since it is difficult to earn, and all applications are carefully evaluated by a team of local cyclists, national experts, and League of American Bicyclists staff, representatives form the league said.

Platinum, gold, silver, and bronze awards are given twice each year.<>