CITY OF LAGUNA NIGUEL
CITY CouncIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Jacki Scott, Public Works Director/City Engineer
DATE: December 3, 2024
SUBJECT: Second Reading and Adoption of Ordinance No. 2024-231, Amending Ordinance No. 91-45 to Establish the Prima Facie Speed Limit on Four Street Segments of Forbes Road and La Paz Road Within the City
RECOMMENDATION
Staff recommends that the City Council conduct second reading, by title only, and adopt:
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING ORDINANCE NO. 91-45
TO ESTABLISH THE PRIMA FACIE SPEED LIMIT ON FOUR
STREET SEGMENTS OF FORBES ROAD AND LA PAZ ROAD
WITHIN THE CITY
BACKGROUND
On November 19, 2024, the City Council conducted the first reading, by title only, for Ordinance No. 2024-231 to establish the prima facie speed limit on Forbes Road and La Paz Road. At this meeting, the City Council unanimously supported the proposed ordinance as was drafted and directed staff to place the ordinance on the December 3, 2024 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 and to update old surveys so that speed limits can be legally posted and enforced. For this report, the City conducted E&TS for five street segments because either the speed survey had just expired or construction was recently completed which significantly changed traffic conditions.
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 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.
California Assembly Bill (AB) 43, passed in 2021, authorizes local jurisdictions to reduce or keep existing speed limits on public streets. AB 43 allows local governments to resist the consistent increase in speed limits 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 highway and determined that no 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
Based on the surveys conducted, the following are the recommended speed limits for five street segments within the City:
Avila Road
A new speed survey for Avila Road from Moulton Parkway to La Paz Road was recently conducted to replace the survey that expired this summer. From the new speed survey, that segment of Avila Road would have required an increase in the posted speed limit based on the "reasonable driver" premise. However, Avila Road was evaluated in accordance with AB 43, and it is recommended that the existing speed limit be retained as shown in the following table.
Existing 85th Recommended
Speed Percentile Speed Limit
Street Segment Limit Speed
(MPH) (MPH)
(MPH)
Avila Road 35 35
40 Moulton Parkway to La Paz Road
Forbes Road
There are two street segments on Forbes Road that were recently evaluated that do not currently have a posted speed limit.
By State law, the speed limit shall be set at the nearest 5 MPH increment to the 85th percentile speed, which would be 30 MPH for both segments of Forbes Road. The City has discretion, per the California Vehicle Code, to lower the speed limit by 5 MPH based
on factors not readily apparent to motorists. Forbes Road is adjacent to a new senior care tacility, a large multi-family development, and provides access to the Oso Creek Trail, which are all high pedestrian traffic generators. It is recommended to implement a posted speed limit of 25 MPH instead of 30 MPH for both segments of Forbes Road.
Based on the new speed surveys, the 85'h percentile speeds and recommended speed limits are as follows:
Existing 85th Recommended
Speed Percentile Speed Limit
Street Segment Limit Speed
(MPH) (MPH) (MPH)
Forbes Road 29 25
Crown Valley Parkway to northern terminus -
Forbes Road 25
- 30
Crown Valley Parkway to southern terminus
La Paz Road
Two segments on La Paz Road were recently surveyed following completion of construction that significantly changed traffic conditions.
By State law, the speed limit shall be set at the nearest 5 MPH increment to the 85th percentile speed, which would be 40 MPH for both segments of La Paz Road. It is recommended to implement a posted speed limit of 40 MPH on La Paz Road from Aliso Creek Road to Rancho Niguel Road, which would be a 5 MPH reduction from the existing speed limit. The new roadway alignment with concrete k-rail barrier on La Paz Road between Rancho Niguel Road and Crown Valley Parkway is a factor not readily apparent to motorists, which gives the City discretion to lower the speed limit by 5 MPH. It is recommended to implement a posted speed limit of 35 MPH instead of 40 MPH on La Paz Road from Rancho Niguel Road to Crown Valley Parkway due to the vertical and horizontal curvature of the roadway, reduced roadway width, and limited sight distance.
This would be a 10 MPH reduction from the existing speed limit on this segment of La Paz Road.
Based on the new speed surveys, the 85th percentile speeds and recommended speed limits are as follows:
Existing 85th
Percentile Recommended
Speed Speed Limit
Street Segment Limit Speed
(MPH) (MPH) (MPH)
La Paz Road 45 42 40
Aliso Creek Road to Rancho Niguel Road
La Paz Road
Rancho Niguel Road to Crown Valley 45 38 35
Parkway
Adoption of Ordinance 2024-231 would allow enforcement of the speed limits on La Paz Road and Cabot Road. The ordinance will take effect 30 days after its adoption.
Enforcement of the new speed limits will begin in January 2025.
FISCAL REVIEW
The estimated cost to install the new speed limit signs is $2,000. There are sufficient funds in the Fiscal Year 2024-25 Public Works Department operating budget to cover the cost of the new signs.
LEGAL REVIEW
The City Attorney's Office has reviewed and approved Ordinance No. 2024-231 as to form.
CONCLUSION
Staff recommends that the City Council conduct second reading, by title only, and adopt:
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL,
CALIFORNIA, AMENDING ORDINANCE NO. 91-45
TO ESTABLISH THE PRIMA FACIE SPEED LIMIT ON FOUR
STREET SEGMENTS OF FORBES ROAD AND LA PAZ ROAD
WITHIN THE CITY
Sanasa & touseant
Tamara S. Letourneau acki Scot
City Manager Public Works Director/City Engineer
Квну Кошу
Engineering Services Manager
Attachments:
A. Ordinance No. 2024-231
ATTACHMENT A
Ordinance No. 2024-231
ORDINANCE NO. 2024-231
AN ORDINANCE OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,
AMENDING ORDINANCE NO. 91-45 TO ESTABLISH
THE PRIMA FACIE SPEED LIMIT ON FOUR STREET SEGMENTS OF FORBES
ROAD AND LA PAZ ROAD 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 Cit of Laguna Niquel.
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 four street segments based upon the latest Engineering and Traffic Surveys:
• Forbes Road (Crown Valley Parkway to northern terminus) - 25 MPH • Forbes Road (Crown Valley Parkway to northern terminus) - 25 MPH • La Paz Road (Aliso Creek Road to Rancho Niguel Road) - 40 MPH • La Paz Road (Rancho Niguel Road to Crown Valley Parkway) - 35 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 91-45, as amended, and in the controlling 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 limits as identified below.
Ordinance No. 2024-231 Page 2
DECLARED PRIMA
NAME OF STREET FACIE SPEED LIMIT,
AND PORTION AFFECTED MILES PER HOUR
Forbes Road 25
Crown Valley Parkway to northern terminus
Forbes Road 25
Crown Valley Parkway to southern terminus
La Paz Road 40
Aliso Creek Road to Rancho Niguel Road
La Paz Road 35
Rancho Niguel Road to Crown Valley Parkway
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, as amended, 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 as 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 presed tie ouse fact, at anyone or more sentence, used vision, sa thra, 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 Ordinance No. 2024-231 Page 3
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 adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 3rd day of December, 2024.
Kelly Jennings, Mayor
ATTEST:
Marissa J. Asistin, City Clerk