HomeMy WebLinkAbout6.3 HearngSpdChngVariousStCITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date; April 10, 1995
SUBJECT:
Public Hearing: New Speed Surveys and Proposed Ordinance to
Change Speed Limits on the Following Streets: Amador Valley
Boulevard (Village Parkway to Stagecoach); Peppertree Road (West
Vomac to Silvergate), and Dougherty Road (Monterey to Amador
Valley Boulevard)
Report by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1)
2)
3)
4)
Draft Ordinance
Speed Survey Fbrms
Copy of CVC Code § 40802 et. seq. ("speed trap")
A representative from TJKM will be present at the meeting
to explain details of the studies.
RECOMMENDATION:
1)
2)
3)
4)
5)
Open Public Hearing
Receive Staff presentation and public testimony
Question Staff and the public
Close Public Hearing and deliberate
Waive reading and introduce ordinance Exhibit lA (per
engineering survey) OR Exhibit lB (as recommended by
Police Chief) or as otherwise modified.
FINANCIAL STATEMENT:
New speed limit signs will need to be posted on streets where speed
limits are changed. If all three streets are changed, the cost estimate
for signing is $750. If only the Dougherty Road speed limit is
changed, the cost estimate is $250. This cost would be paid from the
Street Maintenance Operating Budget.
DESCRIPTION: The California Vehicle Code (CVC) states that in order to use radar
for speed limit enforcement, a City or other public agency must first conduct an engineering speed study on
the street. These studies, called "engineering surveys," must be updated every five years or when the
characteristics of the street are changed. Residential streets 40 feet or less in width are not included under
this law (see CVC § 40802 attached as Exhibit 3) and the speed limit for these residential streets is 25 mph.
One of the reasons that the speed surveys are now required by the CVC to establish speed limits is that in
the past, some jurisdictions used speed traps (setting speeds unreasonably low) as a way to increase
revenue. For new residential developments with houses fronting the street, Public Works Staff now
requires the width of the street to be 40 feet or less to eliminate the need for these studies in residential
areas.
Speed limit engineering survey recommendations are based on the following three categories: 1) 85th
percentile speed, 2) design of the roadway, and 3) accident history. The "gSth percentile speed" is the
speed at or below which 85% of the traffic is traveling. The design of the roadway is based on the safe
speed design, which includes roadway geometrics and sight distance visibility. Accident history is based on
comparison of the accident rate (accidents per million vehicle miles) to the State accident rate for the same
classification of street.
The theory regarding the 85th percentile speed is that 85 percent of the drivers are safe and will drive at or
below a safe speed for the condition of the roadway. In the three street segments in this report, the
existing 85th percentile speeds range from nine to fit~een miles per hour over the existing speed limit. The
survey-recommended speed limit increases are still from four to six miles per hour below the 85th
percentile speeds; however, are close enough to the 85th percentile to be reasonable limits.
The City's Police Chief has reviewed the surveys and recommends that the speed limits remain at 25 mph
for Amador Valley Boulevard and Peppertree Road and that the Dougherty Road segment be increased to
40 mph rather than 45 mph. He feels that his traffic officers can still maintain effective enforcement at
these limits.
The traffic court looks at the engineering survey when determining whether to uphold a traffic citation for
speeding. When the speed limit is set too far below the 85th percentile speed, a "speed trap" situation may
result, and the court will not uphold citations. The City Council may set speed limits below the survey
recommendation; however, Police Services' ability to use radar to enforce the speed limit will be restricted
if the limits are not reasonably related to the engineering survey.
The City of Dublin's traffic consultant, TJKM, recently conducted radar engineering surveys on a number
of City streets. On most of these streets, the speed limits are recommended to remain the same. Based on
the 85th percentile speed, as well as a review of roadway characteristics, and accident history, speed limit
chan_.qes are recommended as shown under "Engineering Survey Recommended Speed Limit" in the table
belo~v. The last column in the table identifies the Police Chiefs recommendations.
Street Name
Amador Valley Blvd.
(from Village Pkwy. To Stagecoach)
Dougherty Road
(from Monterey to Amador Valley)
Peppertree Road
(from W. Vomac to Silvergate)
Current 85th %-ile
Speed Limit Speed
25 mph 34 mph*
35 mph 50 mph
25 mph 36 mph*
Engr. Survey Police Chief
Recomm. Recomm.
Speed Limit Speed Limit
30 mph 25 mph
45 mph 40 mph
30 mph 25 mph
* Surveys were taken in multiple segments - the figure shown is an average of the speeds (see Exhibit 2).
Following is a recap of the information contained within the engineering survey for each of these three
streets:
Amador Valley Boulevard - Village Parkway to Stagecoach Road
This street is primarily residential in nature, except for the shopping area at the comer of Village Parkway
and Amador Valley Boulevard. The street is a two-lane, divided arterial with parking allowed on both
sides and a striped bicycle lane. The accident rate is less than the State average. The 85th percentile speed
in the four segments surveyed ranges from 33 mph to 35 mph, or 8 to 10 mph over the posted speed limit.
On this basis, the engineering survey recommends increasing the speed limit from 25 mph to 30 mph.
Dougherty Road - Monterey Drive to Amador Valley Boulevard
This portion of Dougherty Road is a two-lane, divided arterial with no uses fronting directly on the street.
The four intersecting streets are entrances into the Arroyo Vista housing project. Parking is not allowed
on either side of the street. There were no reported accidents on this portion of Dougherty Road in the last
three years. The 85th percentile speed for this street segment is 50 mph. On this basis, the en~neering
survey recommends increasing the speed limit from 35 mph to 45 mph.
It should be noted that the Five Year Capital Improvement Program tentatively lists a project to widen and
improve Dougherty Road in the next fiscal year. This improvement would move the southbound lanes
away from the curb along the Arroyo Vista frontage.
Peppertree Road - West Vomac Road to Silver_.qate Drive
Peppertree Road is residential in nature, with parking allowed on both sides. This is a two-lane undivided
collector street which is 44 feet in width. There were no reported accidents on this portion of Peppertree
Road in the last three years. The 85th percentile speed for the four segments surveyed ranged from 33 to
37 mph. On this basis, the engineering survey recommends increasing the speed limit from 25 mph to 30
mph.
Page 2
Staffhas sent notices of this hearing to those properties which front onto the Peppertree and Amador
Valley Boulevard street segments affected by this study and has also notified the Housing Authority.
Staff recommends that the City Council conduct a public hearing, deliberate, and introduce the ordinance,
EITHER Exhibit lA (engineering survey recommendation) establishing revised speed limits for these
segments of Amador Valley Boulevard, Dougherty Road, and Peppertree Road. OR Exhibit lB (Police
Chief recommendation) which establishes a revised speed limit for Dougherty Road only.
g: [traffic~ag stspd
Page 3
ORDINANCE NO. -95
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING SPEED LIMITS ON THE FOLLOWING STREETS:
AMADOR VALLEY BOULEVARD (FROM VILLAGE PKWY. TO
STAGECOACH ROAD), DOUGHERTY ROAD (FROM MONTEREY DRIVE TO
AMADOR VALLEY BOULEVARD), AND PEPPERTREE ROAD (FROM WEST
VOMAC ROAD TO SILVERGATE DRIVE)
The City Council of the City of Dublin does ordain as follows:
Section 1: Pursuant to Dublin Municipal Code Section 6.04.340, in accordance with
engineering surveys, and in the interest of public safety, speed limits shall be established as
follows:
Amador Valley Boulevard (Village Parkway to Stagecoach Road)
Dougherty 2Road (Monterey Drive to Amador Valley Boulevard)
£eppertree 2Road (West Vomac 2Road to Silvergate Drive)
30 mph.
45 mph
30 mph
Section 2: Said speed limits shall be added to Section 6.60.020 and 6.60.050 of the
City of Dublin Traffic Code.
Section 3: This ordinance shall become effective 30 days after its final passage and
adoption by the City Council. The City Clerk of the City of Dublin shall cause this
ordinance to be posted in at least three(3) public places inthe City of Dublin in accordance
with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED this day of
,1995
AYES:
NOES:
.ABSENT:
Mayor
ATTEST:
City Clerk
g:~traffic~speedord
ORDINANCE NO. -95
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING A SPEED LIMIT FOR
DOUGHERTY ROAD
(FROM MONTEREY DRIVE TO AMADOR VALLEY BOULEVARD)
The City Council of the City of Dublin does ordain as follows:
Section 1: Pursuant to Dublin Municipal Code Section 6.04.340, in accordance with
engineering surveys, and in the interest of public safety, speed limits shall be established
as follows:
Dougherty Road (Monterey Drive to Amador Valley Boulevard) 40 mIgh
Section 2: Said speed limit shall be added to Section 6.60.040 of the City of Dublin
Traffic Code.
Section 3' This ordinance shall become effective 30 days after its final passage and
adoption by the City Council. The City Clerk of the City of Dublin shall cause this
ordinance to be posted in at least three (3) public places inthe City of Dublin in
accordance with Section 36933 of the Government Code of the State of California.
PASSED, APPROVED, AND ADOPTED this day of ,1995
AYES:
NOES:
AB SENT:
Mayor
ATTEST:
City Clerk
g: Itrq~c V, peedord
City of Dublin
Speed Limit
Engineering/Traffic Survey
Date Taken
Posted Speed
Pace Speed
% In Pace, Above, Below
Critical Speed (85%)
Range of Speeds
77~ /I; 2
Width (ft): (03 ' No. of Lanes (Both Directions): 2-
Average Daily Traffic: [0/~ 5-0 Date Taken: ~//o,/~.~
Special Conditions (Parking, Roadway Alignment, Land Use, School .area, etc.):.
Accident Period Analyzed: I/I ~rtl -
Number of Accidents (List total and each y~r)'~ ~ ('ql-~2 'c~'Z-q 3 'q3- 13) "
Number of Speed-Related Accidents (Total a each year): (/ql-/~qz-q ~ 'g3' ~' )
Calculated Accident Rate: 3. ¢6 Statewide Average Rate: 3.7 ~'
Recommendations: ~a3~/ o~ ~< ~ cFe~ , /f Map:
Study Prepared By:
Date: ]./~//c/~-
Approved By:
Date:
Approved Speed
Per CVC 40803,
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City of Dublin
Speed Limit
Engineering/Traffic Survey
Length (feet):
Location of Survey
Date Taken
Posted Speed
Pace Speed
% In Pace, Above, Below
Critical Speed (85%)
Range of Speeds .......................................
......................................................... ... .........,...........?.-.-.v...:.: :.v...-.-.::::::::::::::::::::::::::::.:.:.:->:-::, :.;.....- -.-.. ::::
Width (ft): q C~ ? No. of Lanes (Both Directions):
Average Daily Traffic: ~, ~O0 Date Taken~
Special Conditions (Parking, Roadway Aligrument, Land Use, School Area. etc.):
Number of Accidents 0_.ist total and each year): dP
Number of Speed-Related Accidents (Total & each year): 0
Calculated Accident Rate: ~. O 0 Statewide Average Rate: '¢'o. 70
Study Prepared By: ~Y~ff~'~' ~''' ~t't'/ae/
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Approved By:
Date:
Approved Speed Limit:~ mph
Per CVC 40803, Survey Expires:
City of Dublin
Speed Limit
Engineeringtrraftic Survey
Street:
VOUjh -tV' ~:'
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Limits: Mo~\(rl,y Or. to !\MJ6f VOUl,\ ~lJJ
Length (feet): 1.. ~ CO '
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Location of Survey
Date Taken '3 ~ I 1~
Posted Speed '3 S- ",.. It
Pace Speed Lf I - 50 If1
% In Pace, Above, Below b 7 10 2. 3
Critical Speed (85%) ,0 In' It
Range of Speeds 2 3 - 5g ~J,u,u
Width (ft): 5Z No. of Lanes (Both Directions): 4
Average Daily Traffic: \ 1) ;00 Date Taken: Y (Ll.1:l fL
Special Conditions (parking, Roadway Aligrunent, Land Use, School Area, etc.):
4rW"~ l) y\() pdt k,\~ C tlo.vt-~ I 110 fr~h hn3 I "O-vlJ Jf(5.
, ACCIDENT CHARACTERISTICS ,"::"': ",',",...:.""":"".:'::,~':....: ",:,"".:;";<:;'f;(',:"""', }"':'{:':i':"::'.;:,..",;,;:, }':.:,..,;...:.':....... .
A.~ci';";;;;"riod:ruuyzed: ..... ... ..... ,i:{t4W''';' {lr~'lllj9~'
Number of Accidents (List total and each year): I c> (rrz- () I q 2, - O) Cf 4 ~ 0 )
o (~l-o .cf2r' 0, t(,/ -0 )
\ . f '
3.70
Number of Speed-Related Accidents (Total & each year):
Calculated Accident Rate: 0, CO
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Recommendations:
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Study Prepared By: CJ,/iSwpJ,er
Date: '3 / '3 / / '1 r- I
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Approved By:
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Date:
Approved Speed Limit: mph
Per eve 40803, Survey Expires:
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Div. 17 --10o3-- § 40802
40610, together with the certification under this section, shall constitute a
complaint to which the defendant may enter a plea, and upon which a
warrant may be issued if the complaint is verified.
Added Ch. 1350, Sta~s. 1978. Operative July 1, 1979.
CmcP~zR 3. ILLEGAL EVIDENCE
Article !. Prosecutions Under Code
Vehicle and Uniform Used by Officers
40800. Every traffic officer on duty for the exclusive or main purpose of
enforcing the provisions of Division I0 or ll of this code shall wear a full
distinctive uniform, and if the officer while so on duW uses a motor vehicle,
it must be painted a distinctive color specified by the commissioner.
This section does not apply to a_n officer assigned exclusively to the duty .
of investigating and securing evidence in reference to any theft of a vehicle
or failure of a person to stop in the event of an accident or violation o£Section
23109 or in reference to any felony charge, or to any officer engaged in
serving any warrant when the officer is not engaged in patrolling the
highways for the purpose of enforcing the traffic laws.
Amended Ch. 202. Stats. 1961. Effective September 15, !961.
Speed Trap Prohibition
40801. No peace officer or other person shall use a speed tray in arresting,
or participating or assisting in the arrest of, any person for any alleged
xiolation.of this code nor shall any speed trap be used in secunng exddence
as to the speed of any vehicle for the purpose of an arrest or prosecution
under this code.
Speed Trap
40802. A "speed trap" is either of the following:
(a) A particular section of a hig-hwhy measured as to distance and with
boundaries marked, designated, or otherwise determined in order that the
speed of a vehicle may be calculated by securing the time it takes the vehicle
to travel the known distance.
(b) A particular section of a highway with a prima facie speed hmit
provided by this code or by local ordinance pursuant to para~aph (1) of
subdi,,Ssion (b) of Section 22352, or estabhshed pursuant to Section 22354,
22357, 22358, or 22358.3, wkich speed hmit is not justified by an en~neering
and traffic survey conducted within five years prior to the date of the alleged
violation, and where enforcement involves the use of radar or other electronic
devices w,hich measure the speed of mov4ng objects. This subdi~Ssion does
not apply to local streets and roads.
For purposes of this section, local streets and roads shall be defined by
the latest functional usage and federal-aid system maps as submitted to the
Federal Highway Administration. When these mays have not been submitted,
the following' definition shall be used: A local' street or road primarily
provides access to abutting residential property and shall meet the following
three conditions:
(1) Roadway width of not more than 40 feet.
(2) Not more than one-half mile of uninterrupted length. Interruptions
shall include official traffic control devices as defined in Section 445.
(3) Not more than one trsFfic-lane in each direction.
Amended Ch. 1346, Stats. 1972. F_~q'ective Mardu 7, 1973. .. .,,,.~ ~: ~ ,,~ ~:,~; ~
Amended Ch. 203, Stats. 1973. Effectivegul. 9, 1973, by termS of an ~.;-;, ~.,2 ~ ~ ....
.~mended Ch. 1210, StatS. 1978. Effective January 1, 1979. "' ........
Repealed Ch. 1210, Stats. 1978. Operative January 1, 1982. CXf~__' ~_£. ~f_~,~ f__ ~d-,. ~.
§ 40803 Div. 17
Amended Ch. 357, Stats. 1981. Effective January 1, 1982.
Repealed Ch. 357, Stats. 1981. Operative January 1, 1987.
Amended Ch. 833, Stats. 1986. Effective January 1, 1987.
Amended Ch. 459, Stats. 1991. Effective January 1, 1992. .'
Speed Trap Evidence
40803. (a) No evidence as to the speed of a vehicle upon a highway shall
be admitted in any court upon the trial of any person ( ): in any prosecution
under this code upon a charge involving the speed ora vehicle when
the evidence is based upon or obtained from or by the maintenance or use of
a speed trap.
CD) In any prosecution under this code of a charge involving the speed of
a vehicle, where enforcement involves the use of radar or other electronic
devices which measure the speed of moving objects, the prosecution shall
estabhsh, as par~ of its prima facie case, that the evidence or testimony
presented is not based upon a ( )2speedtrap as defined in subdivision (b) of
Section 40802.
(c) When a traffic and engineering survey is required pursuant
subdivision CD) of Section 40802, evidence that a traffic and engineering
survey has been conducted within five years of the date of the alleged
violation or evidence that the offense was committed on a local street or road
as defi~ned in subdivision CD) of Section 40802 shall constitute a prima facie
case that the evidence or testimony is not based upon a ( ).o speedtrap as
defined in subdivision CD) of Section 40802.
Amended Ch. 357, Ste~s. 1981. Effective January 1, 1982.
.-Lmended Ch. 459, Stats. 1991. Effective January 1, 1992.
Amended Ch. 538, Stats. 1992. Effective January 1, 1993.
The 1992 amendment added the italicized material, and at the point(s) indicated, de}eted Cue
followin~
1. flor an alleged violation of this code"
2. ~speed tr~p'
Testimony Based on Speed Trap
40804. (a) In any prosecution under this code upon a charge invol~ing~
the speed of a vehicle, any officer or other person shall be incompetent as a
witness if the testimony is based upon or obtained from or by the maintenance
or use of a speed trap.
CD) Every officer arresting, Or participating or assisting in the arrest of, a
person so charged while on duty for the exclusive or main purpose of
enforcing the provisions of Divisions 10 and 11 is incompetent as a witness if
at the time of such arrest he was not wearing a distinctive uniform, or was
using a motor vehicle not painted the distinctive color specified by the
commissioner.
This section does not apply to an officer assigned exclusively to the duty
of investigating and securing evidence in reference to any theft of a vehicle
or failure of a person to stop in the event of an accident or violation of Section
23109 or in reference to any felony charge or to any officer engaged in
serving a_ny warrant when the officer is not engaged im patrolling the
highways for the purpose of enforcing the traffic laws.
Amended Ch. 58, Stats. 1961. Effective September 15, 1961.
Amended Ch. 84, Stats. 1978. Effective January 1, 1979.
Admission of Speed Trap Evidence
40805. Every court shall be without jurisdiction to render a judgment of
conviction against any pe. rson for a violation of this code involving the speed
of a vehicle if the court admits any evidence or testimony secured in
violation of, or which is inadmissible under this article.-