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Attach 1 - Ordinance

Hercules City Council
March 25, 2025

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Attach 1 - Ordinance
Meeting
March 25, 2025
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Hercules City Council
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19
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Text extracted from the city's file for reading and search. Open the original on hercules.legistar1.com. That file is the official record.

CITY OF HERCULES ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES, CALIFORNIA, AMENDING THE HERCULES MUNICIPAL CODE SECTION 3-4.1601 “CHANGED SPEED LIMITS” TO REFLECT THE RESULTS AND RECOMMENDATIONS OF THE KIMLEY-HORN SPEED SURVEY WHEREAS, the California Vehicle Code (CVC) generally requires Engineering and Traffic Surveys (i.e. speed surveys) to be prepared every 5 years to allow for the continued use of radar for traffic enforcement of posted speed limits; and WHEREAS, Kimley-Horn and Associates, Inc. (Kimley-Horn) was commissioned in the Fall of 2024 to complete a new speed survey in 2025; and WHEREAS, Kimley-Horn performed radar speed surveys along a total of 17 street segments in the City to determine if changes to the current posted speed limits are necessary and justified; and WHEREAS, based on their speed survey results, Kimley-Horn recommended that the speed limits for the 17 street segments remain unchanged from the existing posted speed limits; and WHEREAS, speed limits are codified in Section 3-4.1601 “Changed Speed Limits” of the municipal code (attached) and require a new ordinance to change. Kimley-Horn’s speed survey included 4 new street segments (Nos. 4, 13, 16 & 17) that are not included in the municipal code, as well as 4 existing street segments (Nos. 8, 9 11, 12 & 13) whose speed limits are shown inaccurately in the Code. For that reason, City staff is recommending the municipal code changes; and WHEREAS, the City Council considered the recommendations contained in Kimley-Horn’s speed survey at its February 11, 2025 meeting and thereafter adopted Resolution No. 25-006 authorizing the City Manager to accept the recommendations contained in the Kimley-Horn speed survey and directing City staff to prepare an ordinance to amend the Hercules Municipal Code Section 3-4.1601 “Changed Speed Limits”; and WHEREAS, on March 11, 2025, the City Council considered the proposed Ordinance, received the staff report and staff presentation, received comments from the public and interested parties and discussed the matter, and waived first reading and introduced the Ordinance by title only; and WHEREAS, on March 25, 2025, the City Council waived second reading and adopted the Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. CEQA. The City Council finds and determines that adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – the “Common Sense Exemption.” The Common Sense Exemption applies only to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, therefore the activity is not subject to CEQA. The Ordinance would modify the Hercules Municipal Code Section 3-4.1601 “Changed Speed Limits” to amend specified speed limits, which is an activity that is purely administrative and would not authorize construction or any other actions that could impact the environment. Thus, the Ordinance is not a project under CEQA pursuant to CEQA Guidelines Section 17378.

SECTION 3. Amendment. Deletions to the Hercules Municipal Code are shown in strikethrough. Additions are shown in double underline. The City Council of the City of Hercules does hereby amend Hercules Municipal Code Section 3-4.1601 “Changed Speed Limits” is to read as follows:

Sec. 3-4.1601 Changed Speed Limits.

When the Director of Public Works has determined upon the basis of an engineering and traffic investigation that speed limits other than those prescribed by State law are necessary for the safe operation of vehicles, the City Council may by ordinance designate those streets or portions of streets where such changed speed limits shall apply. The Director of Public Works shall place and maintain appropriate signs giving notice of such speed limits.

Pursuant to the provisions of this section, changed speed limits are in effect on the following streets:

STREET LOCATION

SPEED LIMITS

ALFRED NOBEL DRIVE
John Muir Parkway to End
35 BAYBERRY STREET WILLOW AVENUE
Sycamore to End
40 BONAIRE AVENUE
Mandalay to End
25 CANTERBURY DRIVE
Brighton to Willow
25 CARSON STREET
Coronado to Refugio Valley
25 CORONADO STREET
Refugio Valley to Carson
30 Carson to End
25 FALCON WAY
Refugio Valley to Sparrow
25 HERCULES AVENUE
Village Parkway to Titan
25 Titan to Fawcett
25 HIGHWAY 4
San Pablo to City Limits
50 JAMES WATSON DRIVE
Linus Pauling to End
35 JOHN MUIR PARKWAY
San Pablo to Alfred Nobel Drive
35 Alfred Nobel Dr. to Bayfront Blvd.
25 LINUS PAULING DRIVE
San Pablo Avenue to End
35 LUPINE ROAD
Sycamore to Redwood
25 MANDALAY AVENUE
Refugio Valley to Grenadine
25 PALM/SYCAMORE AVENUE
City Limits to End
40 Palm Ave. to SR-4 Ramps
40 PARTRIDGE DRIVE
Pheasant to Refugio Valley
25 PHEASANT DRIVE
Refugio Valley to Turquoise
25 REDWOOD ROAD
Sycamore to Refugio Valley
25 REFUGIO VALLEY ROAD
Sycamore to Partridge
35 Partridge to Redwood
40 Redwood to Bonaire
35 SAN PABLO AVENUE
City Limit to City Limit
4540

SANTA FE AVENUE
Hercules to Fawcett
25 Fawcett to Railroad
25 SHEPARD STREET
Coronado to End
25 SPARROW DRIVE
Partridge to Pheasant
25 SYCAMORE AVENUE
San Pablo to Civic Drive
35 Civic Drive to Palm/Sycamore
35 TURQUOISE DRIVE
Sycamore to Cinnabar
3025
Cinnabar to Pheasant
25 VILLAGE PARKWAY
Hercules to Hercules
25 VIOLET ROAD
Lupine to Lupine
25 WILLOW AVENUE
City Limit to Highway 4
40 Canterbury to Palm Ave.
35 Palm Ave. to Sycamore
35 SECTION 4. Codification. Section 3 of this Ordinance shall be codified in the Hercules Municipal Code. Sections 1, 2, and 4-6 shall not be so codified.

SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 6. Effective Date and Publication. The City Clerk shall certify the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 11th day of March, 2025, and was passed and adopted at a regular meeting of the Hercules City Council on the 25th day of March, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Dion Bailey, Mayor
Eibleis Melendez
City Clerk
Ordinance No. ___

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