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:
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10 SECTION I: That Section 10.44.240 of the Carlsbad Municipal Code is
11 amended to read as follows:
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“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
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 1st day of December ,1998, and thereafter
/If
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Page 1 of 2 of NS-464
1 PASSED AND ADOPTED at a regular meeting of the City Council of the
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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:
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12 II amended to read as follows:
SECTION 2: That Section 10.44.240 of the Carlsbad Municipal Code is
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“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
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City Council on the 8th day of December , 1998, and thereafter
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Page 1 of 2 of NS- 465
. PASSED AND ADOPTED at a regular meeting of the City Council of the
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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
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(SEAL)
Page 2 of 2 of NS-
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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
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City Council on the , 1998, and thereafter
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Page 1 of 2 of NS-
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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-