CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: April 18, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 2023-220, Amending Ordinance No. 91-45 to Establish the Prima Facie Speed Limit on Two Street Segments of Pacific Park Drive Between Alicia Parkway to La Paz Road and La Paz Road to the SR-73 Freeway Within the City
RECOMMENDATION
Staff recommends that the City Council conduct second reading, by title only, and adopt:
ORDINANCE NO. 2023-220
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING ORDINANCE NO. 91-45
TO ESTABLISH THE PRIMA FACIE SPEED LIMIT ON TWO
STREET SEGMENTS OF PACIFIC PARK DRIVE BETWEEN
ALICIA PARKWAY TO LA PAZ ROAD AND LA PAZ ROAD TO
THE SR-73 FREEWAY WITHIN THE CITY
BACKGROUND
On April 4, 2023, the City Council conducted the first reading, by title only, for Ordinance No. 2023-220 to establish the speed limit on Pacific Park Drive. At this meeting, the City Council unanimously supported the proposed Ordinance as was drafted and directed staff to place the Ordinance on the April 18, 2023 City Council meeting agenda for second reading and adoption (Attachment "A")
In accordance with State law, Engineering and Traffic Surveys (E&TS) are required to establish speed limits so that speed limits can be legally posted and enforced. Between 2020 and 2022, E&TS were conducted citywide in Laguna Niguel to comply with State law.
The California speed limit law is based on the "reasonable driver" premise, which concludes that most drivers (in statistical analysis, 85% of all drivers) drive in a reasonable and prudent manner based on the conditions they encounter and do not intentionally drive in a manner that will result in collisions or citations. As with most laws, speed limits need to depend on the voluntary compliance of the greater majority of motorists. Speed limits
cannot be set arbitrarily low, as this would create violators of the majority of drivers and would not command the respect of the public, nor would it comply with State law.
E&TS are conducted during off-peak hours on an average weekday when traffic is free flowing and individual driver behavior can be recorded. Once the information is gathered, the necessary calculations are made and an 85'h percentile speed is determined. By law, the speed limit must be set at the closest 5 miles per hour (MPH) increment to the 85th percentile speed. If extreme or unusual conditions exist, then the speed limit may be lowered to the nearest 5 MPH increment.
California Assembly Bill 43 authorizes local jurisdictions to keep existing speed limits on public streets. The new law allows local governments to resist the consistent increase in speeds over time, known as "speed creep," specifically stating that if an E&TS finds that the speed limit is still more than reasonable or safe, the local authority may retain the existing speed limit if that speed limit was already established with an E&TS and if a registered engineer has evaluated the section of the roadway and determined that no general purpose lanes have been added to the roadway since completion of the E&TS that established the prior speed limit.
Establishing speed limits supports City Council Goal 1 (Public Safety) and Goal 4 (Infrastructure and Technology) of the City's adopted Strategic Plan.
ANALYSIS
There are two street segments on Pacific Park Drive that were surveyed that currently do not have a posted speed limit. The city boundary line along Pacific Park Drive generally runs along the raised center medians, where westbound Pacific Park Drive belongs to the City of Aliso Viejo and eastbound belongs to the City of Laguna Niguel. There are existing 7 gas of 45 MPl posted speed limit signs of 45 MPH on westbound Pacific Park Drive between Alicia Parkway and the SR-73 freeway, but there are currently no speed limit signs posted in the eastbound direction.
Based on the new speed surveys, the 85" percentile speeds and recommended speed limits are as follows:
85th
Percentile Recommended
Street Segment Speed Speed Limit
(MPH)
(MPH)
Eastbound Pacific Park Drive
48 45
Alicia Parkway to La Paz Road
Eastbound Pacific Park Drive
49 45
La Paz Road to SR-73 Freeway
By law, the speed limit shall be set at the nearest 5 MPH increment to the 85'h percentile speed, which would be 50 MPH. The City has discretion, per the California Vehicle Code, to lower the speed limit by 5 MPH based on surrounding land use. It is recommended to
implement a posted speed limit of 45 MPH on eastbound Pacific Park Drive, which is consistent with the posted speed limit in the westbound direction. Adoption of Ordinance No. 2023-220 would allow enforcement of the speed limit on eastbound Pacific Park Drive.
FISCAL REVIEW
The estimated cost to install the new speed limit signs is $1,200. There are sufficient funds in the Fiscal Year 2022-23 Public Works Department budget to cover the cost of the new signs.
LEGAL REVIEW
The City Attorney's Office has approved Ordinance No. 2023-220 as to form.
CONCLUSION
Staff recommends that the City Council conduct second reading, by title only, and adopt:
ORDINANCE NO. 2023-220
AN-ORDINANCE-OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING ORDINANCE NO. 91-45
TO ESTABLISH THE PRIMA FACIE SPEED LIMIT ON TWO
STREET SEGMENTS OF PACIFIC PARK DRIVE BETWEEN
ALICIA PARKWAY TO LA PAZ ROAD AND LA PAZ ROAD TO
THE SR-73 FREEWAY WITHIN THE CITY
Lamasa & Retorsneau Spen
Tamara S. Letourneau lacki Scol
City Manager Publie Works Director/City Engineer
Atte
Kathy Nguyen
Engineering Services Manager
Attachment:
A. Ordinance No. 2023-220
ATTACHMENT A
Ordinance No. 2023-220
ORDINANCE NO. 2023-220
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING ORDINANCE NO. 91-45 TO ESTABLISH
THE PRIMA FACIE SPEED LIMIT ON TWO STREET SEGMENTS OF PACIFIC PARK
DRIVE BETWEEN ALICIA PARKWAY TO LA PAZ ROAD AND LA PAZ ROAD TO THE SR-73 FREEWAY WITHIN THE CITY
The City Council of the City of Laguna Niguel does ordain as follows:
SECTION 1. RECITALS
The City Council, by the adoption of Ordinance No. 91-45 on August 20, 1991, established speed limits on a substantial number of streets located within the City of Laguna Niguel.
To comply with State Law, the City Council must adopt new or revised speed limits in accordance with the latest Engineering and Traffic Surveys applicable to the subject street segments.
3. The City Council desires to establish the prima facie speed limit on two street segments based upon the latest Engineering and Traffic Surveys:
• Pacific Park Drive (Alicia Parkway to La Paz Road) - 45 MPH • Pacific Park Drive (La Paz Road to SR-73 Freeway) - 45 MPH SECTION 2. SPEED LIMITS
Engineering and Traffic Surveys for speed limits are regularly conducted once every seven years by governing municipalities for the purpose of complying with Section 40802 of the California Vehicle Code. This law requires that speed surveys must be performed with the use of radar or other electronic devices at locations where speed limits are to be enforced with the use of radar.
The speed limits for other City streets prior to the adoption of this Ordinance are identified in Ordinance No. 91-45, as amended, and the document used by the City of Laguna Niguel for speed limits. It is entitled "City of Laguna Niguel, Engineering and Traffic Surveys for Speed Limits, dated May 1991." This Ordinance amends the previously adopted document by adding the street segments) and the declared prima facie speed limit as identified below.
Ordinance No. 2023-220 Page 2
DECLARED PRIMA
NAME OF STREET FACIE SPEED LIMIT,
AND PORTION AFFECTED MILES PER HOUR
Pacific Park Drive 45
Alicia Parkway to La Paz Road
Pacific Park Drive 45
La Paz Road to SR-73 Freeway
The declared prima facie speed limits set out above are hereby adopted, and Ordinance No. 91-45 is hereby amended to include the establishment of the speed limits set out above.
SECTION 3. MAINTENANCE OF SPEED LIMIT ORDINANCES
The City of Laguna Niguel Director of Public Works/City Engineer is hereby directed, in conjunction with the City Clerk, to collect and compile and have available for public review and inspection a file of all City ordinances establishing speed limits on streets within the City, including Ordinance No. 91-45, this Ordinance, and all future speed limit ordinances. The Director of Public Works/City Engineer is hereby directed to place appropriate signage notifying the public of the new speed limits adopted herein before any enforcement of the speed limits may occur.
SECTION 4. SEVERABILITY
If any subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or otherwise unenforceable, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City. Council hereby declare that they would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional or otherwise unenforceable.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect 30 days after its adoption.
SECTION 6. CITY CLERK'S CERTIFICATION
The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after Ordinance No. 2023-220 Page 3
same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 18th day of April, 2023.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk