The Pacific Palisades Community Council approved a motion last Thursday asking the California Attorney General to investigate the legal issues surrounding the use of photo-enforced stop signs in Temescal and Franklin Canyons by the Mountains Recreation and Conservation Authority (MRCA). The vote was 13-2, with one abstention. ‘With this motion we are not taking a side,’ Vice Chair Richard Cohen said. ‘We are asking for an investigation. I think it is appropriate because the photo-enforced signs are experimental.’ Cohen explained that MRCA’s photo-enforcement at stop signs in the two canyons is unprecedented in California. After photo-enforced stop signals were introduced in various cities early this decade, there was public outcry when drivers began receiving citations in the mail. It was found that at some intersections the amber lights stayed on longer than at other intersections, which led to the introduction of specifications about photo-enforced lights in the California State Vehicle Code in January 2002. The code did not envision photo enforcement at stop signs. Another possible legal issue is that the signs in Temescal and Franklin do not follow California codes for installation. According to Mo Blorfroshan, Westside transportation engineer for the L.A. Department of Transportation, ‘Our department follows the state’s Manual of Uniform Traffic California Devices when it comes to the installation of traffic-control devices. Stop signs are posted seven-feet high (from the bottom of the sign).’ State and federal regulations require a minimum of five-feet high from the bottom of the sign. The signs in Temescal Canyon are 4 ft. 7 in., as measured by the Palisadian-Post. Another possible violation is that Redflex, the company that installed the photo-enforcement cameras, receives $20 and the Conservancy receives $80 for each citation in Temescal and Franklin. The December 2006 Conservancy minutes noted that ‘Redflex receives compensation based upon a percentage of citations issued by the system.’ Those contracts violated California Code Section 21455.5, which reads ‘A contract between a governmental agency and a manufacturer or supplier of automated enforcement equipment may not include provision for the payment or compensation to the manufacturer or supplier based on the number of citations generated.’ According to Councilmember Jack Allen, the MRCA claims that roads in Temescal and Franklin are “private driveways” and therefore are not subject to the Vehicle Code. Allen disagrees with the Conservancy’s assessment and cites a California Attorney General’s opinion holding that the Los Angeles Air Force Base in El Segundo is covered by the California Vehicle Code. In another case, a federal court rejected the argument that roads on McClellan Air Force Base were not ‘open to the use of the public,’ and wrote, ‘The roadways on [this base] are ways or places used for purposes of vehicular travel. They are open to the public, subject only to reasonable restrictions and regulations.” Before the Council voted, Cohen stated the group would remain impartial about the controversy in Temescal, but wanted the state attorney general to examine legal issues and decide whether the park is under the Vehicle Code. ‘We’re concerned about the legality of the cameras,’ Cohen said. Council member Harry Sondheim, in arguing against the motion, said ‘I don’t think the public is bothered by it. ‘ ‘We’re not advocating one side or another,’ Council member Quentin Fleming said. ‘We just want an investigation about the legality.’ According to Allen, whether the roads are covered by the Vehicle Code is one issue. A larger issue is whether the MRCA can enact ordinances. ‘I can find nothing in the legislation governing the MRCA that gives them the authority to enact ordinances,’ he said. The next step for the Community Council is to get the motion to the State Attorney General. ‘Since it requires a member of the state legislature or a state offical to make the request of the Attorney General, one would hope that either Sen. Sheila Kuehl or Assemblywoman Julia Brownley, or both, would request an opinion not only on behalf of the Community Council but also because many of their constituents are concerned,’ Allen wrote in an e-mail to the Post.
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