HomeMy WebLinkAboutRES 2011-02RESOLUTION 2011-- 02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
EXTENDING FOR THREE YEARS THE 2004 CITYWIDE SPEED ZONE
SURVEY RELATIVE TO STREETS FOUND TO HAVE NO SIGNIFICANT
ROADWAY OR TRAFFIC CHANGED CONDITIONS AND ADOPTING THE 2010
SPEED ZONE SURVEY FOR STREETS SPECIFIED THEREIN
RECITALS
(i) California Vehicle Code Section 40803 (b) provides, in pertinent part, as follows:
"In any prosecution under this code of a charge involving the speed of a vehicle,
where enforcement involves the use of radar or other electronic devices which
measure the speed of moving objects, the prosecution shall establish, as part of its
prima facie case, that the evidence or testimony presented is not based upon a
speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
(ii) California Vehicle Code Section 40802 (c) provides, in pertinent part, as follows:
"(2) A "speed trap" is either of the following:
- (A) A particular section of a highway measured as to distance and with boundaries
marked, designated, or otherwise determined in order that the speed of a vehicle
may be calculated by securing the time it takes the vehicle to travel the known
distance.
(B) (i) A particular section of a highway or state highway with a prima facie speed
limit that is provided by this code or by local ordinance under subparagraph (A) of
paragraph (2) of subdivision (a) of Section 22352, or established under Section
22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an
engineering and traffic survey conducted within one of the following time periods,
prior to the date of the alleged violation, and enforcement of the speed limit involves
the use of radar or any other electronic device that measures the speed of moving
objects:
(1) Except as specified in subclause (II), seven years.
(11) If an engineering and traffic survey was conducted more than seven years prior
to the date of the alleged violation, and a registered engineer evaluates the section
of the highway and determines that no significant changes in roadway or traffic
conditions have occurred, including, but not limited to, changes in adjoining property
or land use, roadway width, or traffic volume, 10 years."
(iii) The City of Diamond Bar desires to continue to use radar and other
electronic devices to measure the speed of moving objects in order to protect the
lives and property of motorists utilizing City streets and to improve the enforcement of
speed limits within the City of Diamond Bar.
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2011--02
(iv) On August 3, 2004, the City of Diamond Bar adopted a Citywide Speed Zone
Survey ("2004 Survey") per City Council Resolution 2004-47.
(v) The City's Traffic Engineering Consultant is a registered engineer and has
reviewed the 2004 Survey pursuant to California Vehicle Code Section 40802 (c) (2)
(B) (i).
(vi) In the 2010 Speed Zone Study ("2010 Study"), the City's Traffic Engineering
Consultant conducted engineering and traffic surveys to determine whether any
significant changes in roadway or traffic conditions have occurred on certain City
street segments since the adoption of the 2004 Survey. The 2010 Study also
establishes and justifies prima facie speed limits on Bridgegate Drive (from Copley
Drive to Valley Vista Drive) and Valley Vista Drive (from Gateway Center Drive to
Bridgegate Drive) within the City.
(vii) The results of the City's Traffic Engineering Consultant's survey are published
in the 2010 Study, dated November 10, 2010. The 2010 Study is attached hereto
as Exhibit 'A" and incorporated by this reference as though fully set forth herein.
RESOLUTION
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
In all respects as set forth above in the Recitals of this resolution;
2. For the streets on which the City's Traffic Engineering Consultant determined
that no significant changes in roadway or traffic conditions have occurred since the
2004 Survey, pursuant to Vehicle Code section 40802(c), the 2004 Survey shall be
effective for an additional three years and shall expire on the 10th day of
November 2013.
3. For the streets on which the City's Traffic Engineering Consultant determined
that significant changes in roadway or traffic conditions have occurred since the
2004 Survey was adopted (including Bridgegate Drive from Copley Drive to Valley
Vista Drive and Valley Vista Drive from Gateway Center Drive to Bridgegate Drive),
the Speed Zone Study submitted by the City's Traffic Engineering Consultant dated
November 10, 2010, and attached hereto as Exhibit 'A," is hereby adopted and
approved, and shall expire in seven years on the 10th day of November, 2017.
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The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 1 th day of January, 2011,
Steve Tye, Ma or
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on the 18th day of January 2011, by the
following vote:
AYES: COUNCIL MEMBERS: Everett, Herera, Tanaka,
MPT/Chang, M/Tye
NOES: COUNCIL MEMBERS -.None
ABSENT: COUNCIL MEMBERS:None
ABSTAINED: COUNCIL MEMBERS: None
TOWYE CRIBBINS, City Clerk
City of Diamond Bar
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