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NEGLIGENCE

NEGLIGENCE

Definition: neg·li·gence /ˈneɡləjəns/

Failing to do the required thing…failure to take steps to prevent foreseeable accidents…guilty of, or characterized by, neglect of duty…failure to use reasonable care, and actions or inaction results in an injury…

It would be NEGLIGENT of SB County Public Works to not act on and follow their own arguments that they made in the ATP grant application to improve bike and motorist safety along this section of Modoc Road. The main intent of the ATP grant was to REPLACE the westbound Class II bike lane on the north side of Modoc Road and upgrade it with a Class I MUP separated from traffic on the south side of Modoc Road.

3.) Highlighted on Page 25 (reference image here) of the SB County Public Works $5.35MM ATP grant application written in May, 2018 by SB County Public Works employee and cycling advocate, Matt Dobberteen, it clearly states:

“Finally by removing the need for westbound travelers to cross midblock at the Obern Trail, yield compliance issues would be mitigated for some users.”

This means that the westbound lane on the north side of Modoc Road would be removed eliminating the need to turn left across eastbound traffic onto the Obern Trail at West Encore Dr.

“The replacement of the westbound bike lane with the path on the same side as the Obern Trail will ameliorate the problem of visibility and poor driver yield compliance.”

This clearly states that the westbound Class II bike lane which is on the north side of Modoc Road, would be replaced as proposed in the ATP grant application.

3.) Page 25 (reference image here):

“Finally by removing the need for westbound travelers to cross midblock at the Obern Trail, yield compliance issues would be mitigated for some users.”

The replacement of the westbound bike lane with the path on the same side as the Obern Trail will ameliorate the problem of visibility and poor driver yield compliance.”
There is no other interpretation other than the westbound Class II bike lane on the north side of Modoc Road would be removed, thus eliminating the need for bikers to make a dangerous turn left across eastbound traffic onto the Obern Trail at the West Encore Dr intersection as they must do now.
Furthermore, ALL of the housing that exists along this 3/4 mile long section of Modoc Road targeted for the Class I MUP, is on the north side of Modoc Road, on the north side of the current westbound Class II bike lane as depicted in the image gallery above of residential mailboxes, driveways, and streets along the north side of Modoc Road, immediately north of the Class II westbound bike lane…
I have counted at least 24 potential points of contact between vehicles and bikes by folks needing to access, or leave, their homes by either a driveway or street along Modoc Road opposite of the proposed Modoc Road Class I MUP.
Additionally, many larger service vehicles use these same 24 access points…plus, they also park in the westbound Class II bike lane to service residents who are immediately on the north side of Modoc Road…these service vehicles include USPS mail vehicles, UPS, Fedex, Cox Cable, SCE electrical maintenance, potable water delivery…etc…
Again, this is in addition to eliminating the inherent danger for cyclists of the left hand turn from the westbound Class II bike lane across eastbound Modoc Road traffic onto the Obern Trail Class I bike path…as well as failure to yield from motorists also going westbound and cyclists who fail to properly signal before initiating their left hand turns.This was the clearly the stated intent of points 1.) and  2.) in the ATP grant application made by SB County Public Works…
ATP grant application :

1.) Page 4 (reference image here):

“The Project will reduce barriers along the corridor by replacing sections of the Class II bike lanes with a more safe and attractive separated path, suitable for people of all ages and abilities.”

2.) Page 22 (reference image here):

“For bicyclists significant safety barriers would be removed by upgrading existing shoulders and Class II bike lanes to a Class I pathway with a dedicated right-of-way and physical separation from vehicular traffic.”

 

It would be NEGLIGENT of SB County Public Works to not act on and follow their own arguments that they made in the ATP grant application to improve bike and motorist safety along this section of Modoc Road. The main intent of the ATP grant was to REPLACE the westbound Class II bike lane on the north side of Modoc Road and upgrade it with a Class I MUP separated from traffic on the south side of Modoc Road.
Furthermore, this original “alignment” by SB County Public Works would not necessitate the removal of trees or require the difficult to obtain Easement into the legally protected Modoc Preserve nature preserve and it would fulfill the intent as stated in the ATP grant application  points 4.) and 5.) above “By adapting an existing right-of-way, the County will be able to minimize costs, freeing up resources for improvements in other areas of the transportation system, while maximizing the use of an already established route.
CAMP recommends sticking to the original language and intent of this bike infrastructure project with the upgrade of the existing Class II bike lanes by replacing them with a much safer Class I MUP in existing County ROW (right-of-way)
This is not only the fairest and smartest use of these alternative transportation resources, it would also be the fastest path forward to achieve the intended goals of increasing bike and motorist safety…while reducing the County’s liability by inaction of a foreseeable cyclist injury…as well as to help mend the divisiveness, turmoil, and discord in the community as a whole that this project’s roll out has created.

 

 

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