Ordinance No. 1224ORDINANCE NO. 1224
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VERNON, CALIFORNIA, AMENDING SECTIONS 16.15, 16.16
AND 16.17 OF ARTICLE I, CHAPTER 16 OF THE VERNON
MUNICIPAL CODE TO ASSIGN SPEED LIMITS ON CERTAIN
STREETS AND TO REPEAL ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH
WHEREAS, the City of Vernon (the "City") is a municipal
corporation and a chartered city of the State of California organized
and existing under its Charter and the Constitution of the State of
California; and
WHEREAS, on May 11, 2009, the City Council of the City of
Vernon adopted Ordinance No. 1155 to establish speed limits on certain
streets in accordance with an Engineering and Traffic Survey for Speed
Limits dated March 2009; and
WHEREAS, Hartzog & Crabill, Inc. prepared an Engineering and
Traffic Survey for Speed Limits dated June 2014 ("Engineering and
Traffic Study") on behalf of the Public Works, Water and Development
Services Department for the purpose of evaluating existing speed limits
on various streets within the City of Vernon; and
WHEREAS, the Public Works, Water and Development Services
Department has recommended that the City Council accept and approve the
recommendations contained in the Engineering and Traffic Study and that
the Vernon City Code be amended by retaining existing speed limits on
some streets and amending and adding speed limits on other streets
based on the Engineering and Traffic Study; and
WHEREAS, Vehicle Code Section 22357 authorizes cities to
determine and declare prima facie speed limits greater than the
statutory prima facie speed limit of 25 miles per hour on the basis of
an engineering and traffic survey; and
WHEREAS, according to the Engineering and Traffic Study, the
recommendations for prima facie speed limits of 30, 35, 40 and 45 miles
per hour on certain streets will facilitate the orderly movement of
vehicular traffic and will be reasonable and safe on those streets; and
WHEREAS, said Engineering and Traffic Study supports the
enforcement of the prima facie speed limit of 30, 35, 40 and 45 miles
per hour on certain streets; and
WHEREAS, the California legislature has established various
criteria for preparing an engineering and traffic survey and
determining speed limits therein in order to promote uniformity
throughout the State; and
WHEREAS, Vehicle Code Section 40802 provides that radar may
not be used as an enforcement tool if the posted limits are set without
being justified in fact by an engineering and traffic survey; and
WHEREAS, certain sections of the Vernon Code need to be
amended to establish the speed limits recommended in the Engineering
and Traffic Study; and
WHEREAS, Chapter 4.1(f) and (h) of the Charter of the City of
Vernon provides that an ordinance shall amend a code or repeal any
ordinance or code previously adopted.
ORDAINS:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY
SECTION l: Findings. The City Council of the City of
Vernon hereby finds and determines that all of the foregoing recitals
are true and correct.
SECTION 2: Exempt from CEQA. The City Council finds that
the adoption of this Ordinance is exempt from the California
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Environmental Quality Act (CEQA) in accordance with Class 1, Section
15301(c) of the CEQA Guidelines, California Code of Regulations, Title
14. Projects exempted under Class 1, Section 15301(c), consist of the
operation, repair, or minor alteration of existing highways, streets,
sidewalks, gutters, bicycle and pedestrian trails, and similar
facilities involving negligible or no expansion of use.
SECTION 3: Section 16.15 of Article I, of Chapter 16, of
the Vernon Municipal Code, is hereby amended to read as follows:
per hour.
Sec. 16.15. Speed limits on certain streets - Forty miles
Pursuant to Vehicle Code Section 22357, the city council
hereby determines and declares that the prima facie speed limit on the
following streets shall be forty (40) miles per hour:
ALAMEDA STREET -WEST The northbound lanes from the northern
city boundary to the southern city
boundary
DISTRICT BOULEVARD From Downey Road to Atlantic Boulevard
37TH STREET From Santa Fe Avenue to Soto Street
LEONIS BOULEVARD From Pacific Boulevard to Boyle Avenue
LEONIS BOULEVARD From Boyle Avenue to Downey Road
VERNON AVENUE From Alameda Street to Santa Fe Avenue
PACIFIC BOULEVARD From Santa Fe Avenue to the southern city
boundary
Every violation of this section by propelling a vehicle in excess of
the speed limit provided for herein is hereby declared to be a public
nuisance.
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SECTION 4: Section 16.16 of Article I, of Chapter 16, of the
Vernon Municipal Code, is hereby amended to read as follows:
Sec. 16.16. Speed limits on certain streets - Thirty-five
miles per hour.
Pursuant to Vehicle Code Section 22357, the city council
hereby determines and declares that the prima facie speed limit on the
following streets shall be thirty-five (35) miles per hour:
ALAMEDA STREET -EAST The two-way street on the east side of
the railroad right-of-way from the
northern city boundary to the southern
city boundary
ATLANTIC BOULEVARD From the northern city boundary to the
southern city boundary
BOYLE AVENUE From Leonis Boulevard to Slauson Avenue
and the northbound lanes from Slauson
Avenue to Randolph Street
DISTRICT BOULEVARD From Atlantic Boulevard to eastern city
boundary
DOWNEY ROAD From the northern city boundary to
Fruitland Avenue and western -most
southbound lane from Fruitland Avenue to
Slauson Avenue
FRUITLAND AVENUE From Santa Fe Avenue to Downey Road
PENNINGTON WAY From 26th Street to Bandini Boulevard
SANTA FE AVENUE From the northern city boundary to the
southern city boundary
SLAUSON AVENUE From Boyle Avenue to Downey Road
SOTO STREET From the northern city boundary to the
southern city boundary
26TH STREET From Soto Street to Pennington Way
38TH STREET From Alameda Street to Santa Fe Avenue
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38TH STREET From Santa Fe Avenue to the BNSF Railroad
tracks east of Santa Fe Avenue
55TH STREET From Alameda Street to Santa Fe Avenue
Every violation of this section by propelling a vehicle in excess of
the speed limit provided for herein is hereby declared to be a public
nuisance.
SECTION 5: Section 16.17 of Article I, of Chapter 16, of the
Vernon Municipal Code, is hereby amended to read as follows:
per hour.
Sec. 16.17. Speed limits on certain streets - Thirty miles
Pursuant to Vehicle Code Section 22357, the city council
hereby determines and declares that the prima facie speed limit on the
following streets shall be thirty (30) miles per hour:
ALCOA
AVENUE
From
Vernon
Avenue
to Slauson
Avenue
BOYLE
AVENUE
From
Vernon
Avenue
to Leonis
Boulevard
FRUITLAND AVENUE From Corona Avenue to Cudahy Avenue
VERNON AVENUE From Santa Fe Avenue to Downey Road
25TH STREET From Alameda Street to Santa Fe Avenue
26TH STREET From Santa Fe Avenue to Soto Street
37TH STREET From Alameda Street to Santa Fe Avenue
Every violation of this section by propelling a vehicle in excess of
the speed limit provided for herein is hereby declared to be a public
nuisance.
SECTION 6: Any ordinance, part of an ordinance, or code
section in conflict with this Ordinance is hereby repealed.
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SECTION 7: If any chapter, article, section, subsection,
subdivision, paragraphs, sentence, clause, phrase or word of this
Ordinance or any part thereof is for any reason held to be
unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part
thereof. The City Council declares that it would have adopted this
Ordinance and each chapter, article, section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact
that one or more chapters, articles, sections, subsections,
subdivisions, paragraphs, sentences, clauses, or phrases or words be
declared unconstitutional, or invalid, or ineffective.
SECTION 8: Book of Ordinances. The City Clerk, or Deputy
City Clerk, shall attest and certify to the adoption of this Ordinance
and shall cause this Ordinance and the City Clerk's, or Deputy City
Clerk's, certification to be entered in the Book of Ordinances of the
Council of this City. The City Clerk, or Deputy City Clerk, shall
cause this ordinance to be published or posted as required by law.
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SECTION 9: Effective Date. This Ordinance shall go into
effect and be in full force and effect at 12:01 a.m, on the thirty-
first (31st) day after its passage.
APPROVED AND ADOPTED this 5th day of August 2014.
ATTEST:
Ana Sareia
Deputy City Clerk
APPROVED AS TO FORM:
��/ 7�i1Jr�1h
Scott Porter, Deputy City Attorney
(. e22tj6�
Christina R. qFa sone, Esq.
Sansone Law Firm
Special Counsel to the City
7
Name: W. Michael McCormick
Title: Mayor
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, ANA BARCIA, Deputy City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance
No. 1224 was duly and regularly introduced at a regular meeting of
the City Council of the City of Vernon, held in the City of Vernon
on Tuesday, July 15, 2014, and thereafter adopted at a meeting of
said City Council held on Tuesday, August 5, 2014, by the
following vote:
AYES: Councilmembers: Mayor McCormick, Mayor
Pro-Tem Davis, Maisano,
Martinez, Ybarra
NOES: Councilmembers: None
ABSENT: Councilmembers: None
And thereafter was duly signed by the Mayor or Mayor
Pro-Tem of the City of Vernon.
Executed this 'q day of August, 2014, at Vernon,
California.
Ana B r '
Deputy City Clerk
(SEAL)
TRANSMITTAL COMMUNICATION
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: August 7, 2014
TO: Daniel Calleros, Police Chief
S. Kevin Wilson, Director of Public Works, Water & Development Services
FROM: Deborah Juarez, Records Management Assistant4
RE: Ordinance No. 1224 — An Ordinance of the City Council of the City of Vernon, California,
Amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the Vernon
Municipal Code to Assign Speed Limits on Certain Streets and to Repeal All Ordinances or
Parts of Ordinances in Conflict Therewith
Transmitted herewith is a copy of Ordinance No. 1224 referenced above, which was approved by City
Council on August 5, 2014.
Thank you.
Attachment
c: Lissette Melendez
Ordinance No. 1224
STAFF REPORT
RECEIVED Fishf
JUL 0 8 2014
STAFF REPORT CITY ADMINISTRATION
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
En¢�
DATE: July 15, 2014
TO: Honorable Mayor and City Council
PREPARED BY: Lissette Melendez, Associate Engineer CJ�
APPROVED BY: Samuel Kevin Wilson, Director of Public Works, Water & Development Services
RE: Ordinance Approving City of Vernon Speed Limits
Recommendation
It is recommended that the City Council:
1. Find that adoption of this Ordinance is exempt from the California Environmental Quality Act
(CEQA) in accordance with Class 1, Section 15301(c) of the CEQA Guidelines, California
Code of Regulations, Title 14. Projects exempted under Class 1, Section 15301(c), consist of the
operation, repair, or minor alteration of existing highways, streets, sidewalks, gutters, bicycle
and pedestrian trails, and similar facilities involving negligible or no expansion of use.
2. Hold the first reading of, and subsequently adopt the proposed Ordinance amending Sections
16.15, 16.16 and 16.17 of Chapter 16, Law Enforcement, of the Vernon Municipal Code.
Background
In most cases, the statutory prima facie speed limit for non -local city streets is 25 miles per hour.
(California Vehicle Code ["CVC"] Section 22352(b)). The City of Vernon has the authority to establish, by
ordinance, prima facie speed limits that are lower or higher than the statutory speed limits if the limits
would "would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon
any street." CVC Section 22357 specifies that the City may establish the revised prima facie speed limits
upon the basis of an engineering and traffic survey (E&TS).
The E&TS, as defined in CVC Section 627, must incorporate prevailing speeds, collision records, highway,
traffic, and roadside conditions not readily apparent to the driver and residential density except in a business
district. The accepted practice is to set prima facie speed limits based on the 85`" percentile speed, which is
the speed that 85% of the vehicles are traveling at or below unless unusual conditions not readily apparent
to drivers are present. This is known as the critical speed. From experience, traffic engineers have
determined that this critical speed is the most reliable speed to set an appropriate speed limit to allow
orderly movement of traffic with the highest safety level taking into consideration unusual conditions not
readily apparent to drivers, such as road conditions and the history of collisions of the roadway. However,
CVC Section 40802 does not allow the creation of a "speed trap", which is a particular section of highway
that has a prima facie speed limit that is not justified by an E&TS within five years prior to the date of the
alleged violation. Per CVC Section 40802, an E&TS must be performed at least once every five (5) years
(or less often in certain circumstances not applicable here) by local agencies to re-evaluate non -statutory
speed limits on segments of their roadways.
The City of Vernon last performed an E&TS in 2009. In March 2014, the City secured the traffic consulting
services of Hartzog & Crabill, Inc. to re-evaluate the speed limits.
As described in the attached E&TS, Hartzog & Crabill, Inc. measured the speeds of vehicles from 46
different roadway segments on 22 different collectors and arterials in the City. The data was collected at
free flowing points in the roadway segments on week days and off peak hours with fair weather conditions.
An unmarked car with an inconspicuous speed meter was used. The speed meter was validated for accuracy
before each use. As described in the E&TS, recent changes to the policy and procedure for setting speed
limits in California require that E&TSs "must be performed with the use of radar or other approved
electronic devices if the use of radar is to be employed to enforce speed limits." If such a survey is not
performed within the statutory time period from the date of the preceding survey, then the new data and its
use will constitute a speed trap and evidence using such would not be admissible in court.
Based on the E&TS, the consultant recommends the following changes to the speed limits posted in the
specified City roadways:
Pennington Way from 26`h Street to Bandini Boulevard Post speed limit at 35 mph.
Note: This is not a change in speed limit in the ordinance but rather a notice to City staff that the speed limit
must be posted in order to be enforceable pursuant to CVC Section 22352.
38°i Street from Santa Fe Avenue to BNSF Railroad tracks Recommended speed limit decrease
from 40 to 35 mph
Boyle Avenue from Vernon Avenue to Leonis Blvd. Recommended speed limit decrease
from 35 mph to 30 mph
The Pennington Way segment was not included in the E&TS completed in 2009. Additionally, the
ordinance reflects minor changes and corrections to the roadway limits shown in the current City Code.
Except when passing a school building or senior center, the revised prima facie speed limits shall be
effective when appropriate signs giving notice thereof are erected upon the street.
Fiscal Imuact
Adoption of this Ordinance will have no direct fiscal impact except for the minimal cost of posting new
signage on the affected streets.
Attachment: Engineering and Traffic Survey conducted by Hartzog & Crabill, Inc. dated June 2014.
CITY OF VERNON CITY COUNCIL MEETING
JULY 15, 2014
ORDINANCE NO. 1224 SUMMARY
(Amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the Vernon
Municipal Code to assign speed limits on certain streets and to repeal all ordinances or
parts of ordinances in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1224
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
Ordinance No. 1224 was duly introduced at a regular meeting of the City Council of the
City of Vernon held on July 15, 2014. Ordinance No. 1224 is scheduled to be considered
for adoption by said Council at a regular meeting to be held on August 5, 2014.
The proposed Ordinance No. 1224 would amend Sections 16.15, 16.16 and 16.17 of
Article I, Chapter 16 of the Vernon Municipal Code to assign speed limits on certain
streets and to repeal all ordinances or parts of ordinances in conflict therewith.
Ana Barcia, Deputy City Clerk of the City of Vernon, does hereby certify that Ordinance
No. 1224 was duly introduced to the City Council of the City of Vernon at a regular
meeting held on July 15, 2014, and said Ordinance is scheduled to be considered for
adoption at a regular meeting of the City Council to be held on August 5, 2014.
Dated: S-q
Ana Barcia, eput Ci Clerk
CITY OF VERNON CITY COUNCIL MEETING
AUGUST 5, 2014
ORDINANCE NO. 1224 SUMMARY
(Amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16 of the Vernon
Municipal Code to assign speed limits on certain streets and to repeal all ordinances or
parts of ordinances in conflict therewith)
A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1224
IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA.
On August 5, 2014, the City Council of the City of Vernon approved and adopted
Ordinance No. 1224 amending Sections 16.15, 16.16 and 16.17 of Article I, Chapter 16
of the Vernon Municipal Code to assign speed limits on certain streets and to repeal all
ordinances or parts of ordinances in conflict therewith.
I, Ana Barcia, Deputy City Clerk of the City of Vernon, do hereby certify that Ordinance
No. 1224 was duly approved and adopted by the City Council of the City of Vernon at a
regular meeting held on August 5, 2014, and passed by said Council by the following
vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS
Dated: (5/ 0 0
McCormick, Davis, Maisano,
Ybarra, and Martinez
None
None
Ana Barci D t ty Clerk