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HomeMy WebLinkAbout1998-12-08; City Council; 14976; Speed Limit Melrose Drive. IO2 0 8 CITY OF CAdLSBAD -AGENDA BILL iB# )ii 9 3 6 TITLE: ESTABLISH A PRIMA FACIE SPEED LIMIT UPON ITG. /k/t? /9& MELROSE DRIVE IEPT. CA DEPT. HD. RECOMMENDED ACTION: Adopt Ordinance No. NS-464 to establish a prima facie 55 mile per hour speed limit upon Melrose Drive from Alga Road to Palomar Airport Road; and Introduce either Ordinance No. 11/s- 46s or Ordinance No. M’- 466 establishing a prima facie speed limit on Melrose Drive from Alga Road to Palomar Airport Road. ITEM EXPLANATION: At its meeting of December 1, 1998, the City Council introduced Ordinance NS-464 establishing a prima facie speed limit of 55 miles per hour on a portion of Melrose Drive from Palomar Airport Road to its intersection with Alga Road. That ordinance is attached for the Council’s consideration. The City Council also directed the City Attorney to research the question of whether or not the City Council has the discretion to establish a 55 mile per hour prima facie speed zone on the portion of Melrose Drive from Alga Road to its intersection with Ranch0 Santa Fe Drive. This portion of Melrose Drive had been recommended for a 50 mile per hour speed zone. Vehicle Code section 22358 requires that the City Council determine a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30 or 25 miles per hour whichever if found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe upon the basis of an engineering and traffic survey conducted within five years of any alleged speeding violation. Whenever radar is used to enforce the prima facie speed limit, unless such a survey has been conducted within the previous five years, that particular section of the roadway is considered a speed trap. The traffic division conducted the required engineering and traffic survey to support the proposed prima facie speed limit. That survey would support a prima facie speed of 50 miles per hour on that portion of the road in question. All of the published cases involving “speed traps” arise when a motorist has received a traffic ticket when the posted speed limit is less than the speed commonly driven on that portion of the roadway by reasonable and prudent drivers. When the majority of drivers would receive a speeding ticket for driving at a speed which is reasonable and prudent the speed limit is not justified by an engineering and traffic survey and becomes a speed trap. The same logic does not apply when the engineering and traffic survey would support a prima facie speed limit lower than the posted speed limit. Therefore, the City Council can introduce an ordinance to establish the speed limit on Melrose Drive between Alga and Ranch0 Santa Fe Road at either 50 miles per hour or 55 miles per hour since both speeds are supported by an engineering and traffic survey and the Council may select either a 50 or 55 mile per hour prima facie speed limit provided it is found to be most appropriate to facilitate the orderly movement of traffic and is reasonable and safe under the circumstances. The speed limit shall become effective when the appropriate signs are posted. Agenda Bill # ‘)q 9 7: Page 2 ‘I FISCAL IMPACT: Changing two speed limit signs on Melrose Drive between Alga Road and Palomar Airport Road will cost about $250. EXHIBITS: 1. Ordinance No. NS-464. 2. Ordinance No. NS - Y bS 3. Ordinance No. NS - y bts 1 ORDINANCE NO. NS 464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA , AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.44.240 TO ESTABLISH A PRIMA FACIE 55 MILE PER HOUR SPEED LIMIT UPON MELROSE DRIVE FROM PALOMAR AIRPORT ROAD TO ITS INTERSECTION WITH ALGA The City Council of the City of Carlsbad, California does 0 ordain as follows: 9 10 SECTION I: That Section 10.44.240 of the Carlsbad Municipal Code is 11 amended to read as follows: 12 9 3 mwm Yr7 13 28, 8 oulg i&y, 14 ;ggE qfos 15 a>$2 $#g 16 p$ a82 g-3 l7 “10.44.240 Melrose Drive: a. Upon Melrose Drive from Palomar Airport Road to its intersection with Alga Road, the prima facie speed limit shall be 55 miles per hour.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad 19 20 21 22 23 24 25 26 27 28 18 II within fifteen days after its adoption. I INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 1st day of December ,1998, and thereafter /If Ill Ill ill Page 1 of 2 of NS-464 1 PASSED AND ADOPTED at a regular meeting of the City Council of the 2 3 4 5 6 7 8 9 10 11 12 9 8 mWOl 927 13 %B iti OW% ~LCJ $O,4$ 14 d&U 9 "Pi? 15 aggs ZWV)" 8:&,- 16 oga k 83 (82 z-5 l7 u 18 19 20 21 22 23 24 25 26 27 20 City of Carlsbad on the 8th day of December , 1998, by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin NOES: Council Member Hall ABSENT: None APPROVED AS TO FORM AND LEGALITY cJ--Q Qk RONALD R. BALL, City Attorney ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) Page 2 of 2 of NS-464 ORDINANCE NO. NS -465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA , AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.44.240 TO ESTABLISH A PRIMA FACIE 55 MILE PER HOUR SPEED LIMIT UPON MELROSE DRIVE FROM RANCH0 SANTA FE ROAD TO ITS INTERSECTION WITH PALOMAR AIRPORT ROAD The City Council of the City of Carlsbad, California does SECTION I: That Ordinance NS-464 is hereby repealed. 8 ordain as follows: 9 10 11 12 II amended to read as follows: SECTION 2: That Section 10.44.240 of the Carlsbad Municipal Code is 18 “10.44.240 Melrose Drive: a. Upon Melrose Drive from Ranch0 Santa Fe Road to its intersection with Palomar Airport Road, the prima facie speed limit shall be 55 miles per hour.” EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to 19 be published at least once in a newspaper of general circulation in the City of Carlsbad 20 within fifteen days after its adoption. 21 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad 22 23 24 25 26 City Council on the 8th day of December , 1998, and thereafter Ill Ill Page 1 of 2 of NS- 465 . PASSED AND ADOPTED at a regular meeting of the City Council of the : : 1 ! E 5 E E 10 11 12 City of Carlsbad on the day of I 1998, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk 18 19 20 21 22 23 24 25 26 27 28 (SEAL) Page 2 of 2 of NS- . 1 2 3 4 5 6 7 8 9 10 11 12 2 8 mwa 227 98 8 13 18 19 20 21 22 23 24 25 26 27 28 A ORDINANCE NO. NS -466 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA , AMENDING TITLE 10, CHAPTER 10.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 10.44.240 TO ESTABLISH A PRIMA FACIE 50 MILE PER HOUR SPEED LIMIT UPON MELROSE DRIVE FROM ALGA ROAD TO ITS INTERSECTION WITH RANCH0 SANTA FE ROAD The City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Section 10.44.240(b) of the Carlsbad Municipal Code is added to read as follows: “1 O-44.240 Melrose Drive: b. Upon Melrose Drive from s intersection with Ranch0 Santa Fe Road, the prima facie be 50 miles per hour.” EFFECTIVE DATE: This thirty days after its adoption, and the City Clerk shall and cause it to ,,f- City Council on the , 1998, and thereafter 7 Ill Ill Ill Ill Page 1 of 2 of NS- . 1 2 3 4 5 6 7 a 9 10 11 12 mW8 9 Yr- 13 aaob a08 18 19 20 21 22 23 24 25 26 27 28 h PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of I ing vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney . RAUTENKRANZ, City Clerk Page 2 of 2 of NS-