HomeMy WebLinkAboutOrdinance 656 Urgency Ordinance Chapter 10-56 SPEED ZONESORDINANCE NO. 656
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
AMENDING SECTION 10.56.010 OF THE MORRO BAY MUNICIPAL CODE
TO UPDATE SPEED LIMITS AND ADD NEW SPEED ZONES IN THE CITY OF
MORRO BAY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, Assembly Bill 43 states that existing law establishes various default speed
limits for vehicles upon highways, as specified. Existing law authorizes state and local authorities
to adjust these default speed limits, as specified, based upon certain findings determined by an
engineering and traffic survey. Existing law defines an engineering and traffic survey and
prescribes specified factors that must be included in the survey, including prevailing speeds and
road conditions. Existing law authorizes local authorities to consider additional factors, including
pedestrian and bicyclist safety; and
WHEREAS, Section 10.56.010 of the Morro Bay Municipal Code (MBMC) states that
prima facie speed limits shall be determined by the city traffic engineer pursuant to provisions set
forth in the California Vehicle Code. A speed limit established pursuant to this section shall be
effective when appropriate signs giving notice thereof are erected upon a street; and
WHEREAS, the California Vehicle Code (CVC) requires that Engineering & Traffic
Surveys (E&TS) be updated every 7-14 years to maintain enforceability of speed limits by the
local Police Department; and
WHEREAS, the City and its consultants surveyed the eleven speed zones and speed
limits currently listed in the MBMC and an additional nine zones to be added; and
WHEREAS, roadway volumes and radar speed data were collected in December 2022
and April 2023 at the identified locations and certified by a licensed Traffic Engineer and approved
by the City Engineer with recommendations presented in the Citywide Speed Survey for the City
of Morro Bay — Final Recommendation Report; and
WHEREAS, the current 2008 Speed Survey for the City of Morro Bay adopted by City
Council by Ordinance 548 on May 26, 2009, will expire on May 25, 2023; and
WHEREAS, the City Council deems it necessary to adopt an urgency ordinance pursuant
to Government Code section 36937(b) to update speed limits and speed zones as presented in
the report and adopt the Citywide Speed Survey for the City of Morro Bay — Final
Recommendation Report so that the City of Morro Bay Police Department may legally enforce
speed limits after May 25, 2023, finding the urgency, to the immediate preservation of the public
peace, health and safety, is demonstrated by the preceding recital of facts. To wit:
• Pursuant to the 1999 revision to Section 40802 of the California Vehicle Code by
the California Legislature, the City cannot use radar to enforce speed limits unless
justified by engineering and traffic investigation; and
• The inability to enforce speed limits presents a risk to public safety; and
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Ordinance No. 656
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• Absent a speed survey, Morro Bay Police Department officers could face
opposition or scrutiny in court when issuing a citation or making an arrest with the
probable cause being speed. Without an urgency ordinance taking effect
immediately, the Morro Bay Police Department may face substantial hardships in
issuing enforceable traffic safety citations following May 25, 2023; and
WHEREAS Government Code Section 36937 expressly authorizes the City Council to
adopt an urgency ordinance for the immediate preservation of the public peace, health, or safety,
if the ordinance is approved by four -fifths of the City Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MORRO BAY,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the recitals set forth above are
all true and correct and are incorporated herein by this reference.
SECTION 2. CODE AMENDMENT. 10.56.010 - Speed limit designation of the MBMC is
hereby amended to read as follows (new text in bold, italics and underlined and text to be
removed struck through):
"10.56.010 - Speed limit designation.
Prima facie speed limits shall be determined by the city traffic engineer pursuant to provisions
set forth in the California Vehicle Code. A speed limit established pursuant to this section shall be
effective when appropriate signs giving notice thereof are erected upon a street. The following
speed limits are so designated:
Name of Street or Portion Affected
Speed Limit
(miles per hour)
Main Street: Yerba Buena Street to Atascadero Road State Highway 41
40 35
Main Street: Atascadero Road State Highway 41 to Radcliff
- -5 30
Main Street: Marina Street to Morro Bay State Park
94 25
Quintana Road: Morro Bay Blvd. to La Loma Ave.
35
Quintana Road: La Loma Ave. to Easterly City Limits
40
South Bay Blvd.: State Highway 1 to Southerly City Limits
40
Avalon Street: Laurel Avenue to Main Street
25
Atascadero Road: State Highway 1 to Embarcadero Road
25
Pine Way: Morro Bay Blvd. to Main Street
25
Embarcadero road: Beach Street to Coleman Drive
30 25
Coleman Drive: Embarcadero Road to Morro Rock
25
Coral Avenue. San Jacinto St to South End
25
Easter Street: SR I to West End
25
Kern Avenue: Morro Bay Blvd to Rldmeway St
25
Kin s Avenue: Ouintana Ave to Paci is Ave
25
Ironwood Avenue: Del Mar Park to SR-41
25
Morro Bay Boulevard: Piney Wy to Ouintana Rd
25
Paci rc Avenue: The Embarcadero to Kin s Ave
25
Radcliff Avenue: Main St to East End
25
uintana Road. Main St to Morro Bay Blvd
25
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Ordinance No. 656
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SECTION 3. URGENCY. Based on the foregoing recitals and all facts of record stated
before the City Council, the City Council finds and determines that the immediate preservation of
the public health, safety and welfare requires that this ordinance be enacted as an urgency
ordinance pursuant to Government Code Section 36937(b), and take effect immediately upon
adoption.
SECTION 4. CONFLICT. If the provisions in this ordinance conflict in whole or in part with
any other City regulation or ordinance adopted prior to the effective date of this section, the
provisions in this ordinance will control.
SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
thereof may be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE. This ordinance is hereby declared to be an urgency
measure and shall become effective immediately upon adoption by at least a four -fifths (4/5) vote
of the City Council pursuant to Government Code section 36937(b).
SECTION 7. CERTIFICATION. The City Clerk shall certify as to the passage and adoption
of this ordinance, and the City Clerk shall cause the same to be posted and codified in the manner
required by law.
PASSED AND ADOPTED on the 9th day of May 2023, by the following vote:
APR OVE S TO FORM:
IRIS F. NEUMEYEIR, City Attorn
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C,�q� t
CARLA WIXOM, Mayor
Ordinance No. 656
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
CITY OF MORRO BAY
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY
that the foregoing Urgency Ordinance Number 656 was duly adopted by the City Council of the
City of Morro Bay at a regular meeting of said Council on the 91 day of May 2023, and that it was
so adopted by the following vote:
AYES:
Wixom, Barton, Edwards, Ford, Landrum
NOES:
None
ABSENT:
None
RECUSED:
None
--City Clerk, Dana Swanson
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