City Disputes Safety Board Findings

By Joyce Tse

February 14 -- The City last week asked federal transportation officials to reconsider a finding that it failed to adequately close the street when a car plowed through the farmers market in 2003, killing 10 people.

The National Transportation and Safety Board (NTSB) had criticized the City for using one reflective panel on the barricades that blocked motorists from the market instead of the three recommended by federal and state handbooks.

"The City of Santa Monica has filed a petition because it doesn't agree with the NTSB's findings," said Deputy City Attorney Jeanette Schachtner.

The City -- which continues to use the one panel barricades, but has added a farmers market truck and a squad car at the entrances on Arizona Avenue -- has said there was adequate warning when an elderly driver lost control of his car and entered the market.

"It's just like it was, wooden barricades and signage," said Judy Rambeau, the city's spokeswoman. "It has made people feel better that the trucks and police cars are there.”

"If new standards are developed, this city, like any other city would follow them," Rambeau said. "But right now we're doing what markets like this throughout the nation do."

"There is nothing permanent decided because there are no federal guidelines in place," said Laura Avery, the farmers market supervisor.

The City's petition for reconsideration comes in response to a letter sent last August by the NTSB, which said that the safety measures used at the city's weekly farmers markets failed to match the most basic suggestions listed in current editions of three safety manuals.

The manuals -- the Caltrans Traffic Manual (CTM), the Work Area Traffic Control Handbook (WATCH) and the Manual on Uniform Traffic Control Devices (MUTCD) -- each recommend that perimeters around the markets be clearly blocked by "type III" barricades, which are barricades consisting of three reflective panels.

Barricades are generally listed in three categories, based on whether they have one, two or three horizontal reflective panels. At Santa Monica's Certified Farmers Markets, the NTSB found that the city used "type I" barricades.

The transportation board also criticized the City for operating the traffic lights on the 2nd and 3rd Street intersections at normal cycles, even when roads are blocked by barricades to the farmers markets. This could leave unaware and unobservant motorists susceptible to mistakes like turning into the barricaded street, said the board.

"Encouraging patrons of the SMCFM and other pedestrians to occupy the roadway when it was closed should have led city officials to consider alternative measures to protect those pedestrians from vehicular traffic," wrote the NTSB.

The City's response comes nearly one and a half years after George Russell Weller drove his 1992 Buick LeSabre through the Wednesday farmers market on Arizona Avenue on July 16, 2003, killing 10 people and injuring 63.

The safety board determined that the likely cause of the accident was the unintended acceleration of Weller's vehicle and the lack of a steady barrier system that would have protected pedestrians and vendors from vehicles.

Complying with some of the most basic safety suggestions set forth in the various traffic manuals could potentially prevent accidents if someone is not paying attention that the street is closed, said the board.

At a recent Wednesday farmers market, a traffic service officer was guiding cars and delivery trucks driving in the alleyways that cut across the market. Each time a vehicle was prepared to cross the market, the officer, who declined to be named, would blow a whistle to warn pedestrians of the car's approach. She would then block pedestrians from crossing into the oncoming vehicle's path.

When one woman failed to pay attention and almost crossed into the path of a slow-moving truck, the officer blew her shrill whistle and said, "Ma'am! Please pay attention!"

Vendors and pedestrians at one of the Wednesday markets said they took notice of the
City’s efforts to block the entrances of the market with parked vehicles and acknowledged that the City was trying to protect them.

"Do I think they've taken measures? Yeah they've parked trucks and police cars sideways,” said Tracy McLean, a frequent farmers market customer. “I feel safer, naturally. It's a pretty effective blockade actually."

"I've been coming to the market for 15 years," said vendor Scott Peacock. "Personally I don't feel safer, but I don't particularly feel unsafe anyway. If I didn't feel safe, I wouldn't be here."

Other vendors agreed that they were satisfied with the safety measures now in place.

"It's okay now," said vendor Michi Ward. "That was like a freak accident," she added. "You wouldn't imagine anybody going through like that."

Michael Mandel, a frequent customer of the farmers market since its beginning said he was there on the day of the accident, but added that it wasn't enough to keep him away.

"I feel as protected as I possibly can with all the variables and equations," said Mandel. "I'm still out on the street. I'm not hiding under my bed."

In its letter, the board recommended installing a temporary rigid barrier system at the ends of the markets -- much like the ones found at the 3rd Street Promenade. It also advised the city to update and periodically evaluate the temporary traffic plans it has in place for roadway closures, in order to ensure the safe operation of the markets.

Although it seems that most vendors and customers of the farmers markets are content with the safety measures in place, it remains to be seen whether the National Transportation and Safety Board will reconsider their findings.

"We're waiting for a response," said Schachtner, "We won't hear from them for a long period of time."