RESOLUTION NO. 24-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA APPROVING THE CERTIFICATION OF THE CITY OF COMMERCE’S 2016 CITYWIDE ENGINEERING AND TRAFFIC SURVEY FOR 14 YEARS THROUGH MARCH 28, 2031 WHEREAS, the purpose of an Engineering and Traffic Survey is to establish updated speed limits that can be enforced using radar at pre-determined locations; and WHEREAS, the City of Commerce approved and has certified the citywide speed limits per the Engineering and Traffic Survey adopted on March 28, 2017; and WHEREAS, an Engineering and Traffic Survey can be an enforceable document for a maximum of 14 years as long as there have not been any significant changes in roadway or traffic conditions including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volumes; and WHEREAS, States and local agencies should conduct engineering studies at least once every 5, 7 or 14 years in compliance with the California Vehicle Code (CVC Section 40802) to reevaluate non-statutory speed limits on segments of their roadways; and WHEREAS, the 2016 Citywide Engineering and Traffic Survey for the City of Commerce is in compliance with CVC (California Vehicle Code), Section 40802, Paragraph (c), Sub-paragraphs (1) and (2)/(B)/(i)/(II) and has been evaluated by a registered civil engineer; and WHEREAS, a review of the street segments listed in the City’s 2016 Citywide Engineering and Traffic Survey determined that no significant changes in roadway or traffic conditions have occurred on the street segments as indicated in the attached Certification including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume and therefore, where noted on the attached list, posted speed limits shall be valid for 14 years from the date of the adopted survey of March 28, 2017 through March 28, 2031; and WHEREAS, applicable sections of the California Vehicle Code (CVC) and U.S. Department of Transportation Federal Highway Administrations Manual on Uniform Traffic Control Devices (MUTCD) and the California Supplement are followed to prepare Engineering and Traffic Surveys so that the posted speed limit can be upheld by the courts and do not constitute a "Speed Trap" as defined by CVC Section 40802; and WHEREAS, the certification of 2016 Citywide Engineering and Traffic Survey for 52 of the 59 roadway segments attached herein effective through March 28, 2031 will allow the posted speed limit to be upheld by the courts and does not constitute a "Speed Trap" as defined by CVC Section 40802; and WHEREAS, the remaining 7 roadway segments not included in the 2016 Certification of the City of Commerce 2016 Citywide Engineering and Traffic Survey require a new Engineering and Traffic Survey due to changes in the roadway and traffic condition which upon completion will be brought to City Council for their consideration on the recommended posted speed limits.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
Section 1. The City Council of the City of Commerce hereby finds and declares that the foregoing recitals are true and correct, and incorporates them herein as findings and as a substantive part of this Resolution.
Section 2. The City Council approves the Certification of the City of Commerce 2016 Citywide Engineering and Traffic Survey attached herein for 14 Years through March 28, 2031 and further authorizes City Clerk to forward it to the Court having jurisdiction over the City.
Section 3. Authorizes the Mayor to sign this Resolution for and on behalf of the City of Commerce.
Section 4. This Resolution shall take full force and effect immediately upon adoption by the City Council.
PASSED, APPROVED and ADOPTED this 14th day of May 2024.
Hugo A. Argumedo, Mayor
ATTEST:
Lena Shumway, City Clerk