HomeMy WebLinkAboutCC 2026-01-13_10a Radar Speed Survey Extension_Ord
Item 10.a.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Director of Public Works
Dave Culver, Chief of Police
BY: Shannon Sweeney, City Engineer
SUBJECT: Introduction of Radar Speed Survey Extension Ordinance
DATE: January 13, 2026
RECOMMENDATION:
1) Introduce an Ordinance extending the certification of the 2018 five -year radar speed
survey; and
2) Make findings that this extension is not a project subject to the California Environmental
Quality Act (“CEQA”) because it has no potential to result in either a direct, or reasonably
foreseeable indirect, physical change in the environment. (State CEQA Guidelines, §§
15060, subd. (b)(2)-(3), 15378.).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City meets conditions to allow for an additional four-year extension beyond the initial
two-year extension of its 2016-2018 radar speed surveys. Therefore, there are no
negative impacts on financial and personnel resources.
BACKGROUND:
On November 27, 2018,1 City Council approved a Resolution certifying the five-year radar
speed surveys for selected City streets. On November 28, 2023,2 City Council approved
a Resolution certifying a two-year extension of those five-year radar speed surveys.
ANALYSIS OF ISSUES:
Original Certification
California law establishes default (“prima facie”) speed limits for various roadway types.
Under California Vehicle Code (CVC) § 22352, certain streets and highways are subject
to a prima facie speed limit of 25 miles per hour unless a different speed limit is lawfully
1https://www.arroyogrande.org/AgendaCenter/ViewFile/Agenda/_11272018 -1086?html=true
2https://pub-arroyogrande.escribemeetings.com/Meeting.aspx?Id=fc67e9b4-5697-4e26-842f-
196a2fbe3f5b&Agenda=Agenda&lang=English&Item=30&Tab=attachments
Page 167 of 621
Item 10.a.
City Council
Introduction of Radar Speed Survey Extension Ordinance
January 13, 2026
Page 2
established. The Vehicle Code authorizes the City, acting as the local authority, to adjust
these limits by ordinance based on an engineering and traffic survey. Specifically, CVC §
22357 allows the City to increase a 25-mile-per-hour prima facie speed limit on applicable
streets when the engineering and traffic survey (E&TS) supports a finding that a higher
speed would facilitate the orderly movement of traffic and would be reasonable and safe.
CVC § 22358 similarly authorizes the City to decrease speed limits (where the applicable
limit is otherwise up to 65 miles per hour) by ordinance when the engineering and traffic
survey supports a finding that a lower speed would facilitate the orderly movement of
traffic and would be reasonable and safe.
Radar speed surveys were performed on 70 street segments from 2016 to 2018 to allow
for speed limits on these street segments to be set by the City and subsequently for those
speed limits to be enforced. The results of these speed surveys were documented in an
E&TS (Attachment 1 to November 27, 2018 staff report3). That original certification was
approved by City Council on November 28, 2018.
Initial Extension
California Vehicle Code §40802 states that enforcement of speed limits by radar requires
that the posted speed limit be justified by an Engineering and Traffic Survey conducted
within the prior five years. That date range can be extended to a total of seven years (two
additional years) if:
The arresting officer has successfully completed a Commission of Peace Officer
Standards and Training-approved and certified minimum 24-hour course on the
use of police traffic radar for radar used and a 2-hour course on other electronic
devices if used; and
The device used to measure the speed meets or exceeds minimal operational
standards of the National Highway Traffic Safety Administration prior three years
an independent certified repair and testing or calibration facility.
Both items above are true. Consequently, the City Council approved a two-year extension
on November 28, 2023.
Recent Legislation
California Assembly Bill 43 (AB 43), which took effect in 2022, introduced new extensions
and rules for how local agencies conduct and justify radar speed surveys. However, cities
were unable to enforce adjusted speed limits under the new legislation until June 30,
2024, to provide state officials time to create an online portal to adjudicate the new
infractions.
AB 43 made a key change to the extension process, allowing for even longer validity
under certain conditions.
3 https://www.arroyogrande.org/AgendaCenter/ViewFile/Agenda/_11272018-1086?html=true
Page 168 of 621
Item 10.a.
City Council
Introduction of Radar Speed Survey Extension Ordinance
January 13, 2026
Page 3
• 14 years: An E&TS can be extended to 14 years if a registered engineer evaluates
the roads and certifies that no significant changes have taken place;
• Focus on safety: This legislation now also requires E&TS reports to explicitly
consider the safety of vulnerable road users, like pedestrians and cyclists,
potentially allowing for lower speed limits on certain streets; and
• Exemptions: AB 43 expanded exemptions from the "speed trap" law to include
senior zones and business districts, allowing radar enforcement in those areas
without a recent E&TS.
The City’s existing surveys can be extended an additional seven years to 14 years total
if a registered engineer evaluates the sections of road in the E&TS and determines that
no significant changes in roadway or traffic conditions have occurred as specified in CVC
§ 40802(c).
The City Engineer met with Police Department staff and identified that most of the 70 City
street segments have had no significant changes in roadway or traffic conditions.
However, the following four (4) sections of streets warranted further review due to new
development taking place in close proximity or adjacent to these sections:
Street Street segment Posted speed 2025
85th percentile
N. Courtland E. Grand Ave. to Brighton Ave. 30 29
S. Courtland E. Grand Ave. to Blueberry Ave. 30 30
E. Cherry Traffic Way to Pac. Coast Railway 35 36
Valley Fair Oaks Ave. to Sunrise Terrace 40 41
Results of the evaluation demonstrated the posted speed limits remain appropriate
despite the new development to the four (4) sections of streets above. Consequently, no
changes are recommended to any of the existing approved speeds within the City. The
proposed Ordinance ratifies the current posted speed limits in effect for all streets in the
original speed survey based on the conclusion by both the City Engineer and Police
Department.
ALTERNATIVES:
The following alternatives are provided for the Council’s con sideration:
1. Introduce the Ordinance as recommended;
2. Do not extend certification of existing speed surveys and perform new surveys to date.
Existing speed limits on these selected streets will not be enforceable by radar; or
3. Provide other direction to staff.
ADVANTAGES:
Extending the existing radar speed surveys will continue to provide a legal basis for the
Police Department to enforce speed limits on identified City roadway segments.
Establishing appropriate speed limits improves safety. Re-doing radar speed surveys will
Page 169 of 621
Item 10.a.
City Council
Introduction of Radar Speed Survey Extension Ordinance
January 13, 2026
Page 4
consume numerous hours of staff time and cost tens of thousands of dollars for a new
E&TS.
DISADVANTAGES:
No disadvantages have been identified for this action.
ENVIRONMENTAL REVIEW:
This extension is not subject to the California Environmental Quality Act (“CEQA”)(Pub.
Resources Code, § 21000 et seq.) pursuant to sections 15060, subdivision (c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060, subdivision (c)(3) (the activity is not a project as defined in
section 15378) of the State CEQA Guidelines (Cal. Code Regs., tit. 14, ch. 3), because it
has no potential to result in a direct, or reasonably foreseeable indirect, physi cal change
in the environment
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Ordinance
2. 2025 Speed Surveys for Selected Streets
Page 170 of 621
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE EXTENDING THE CERTIFICATION OF THE
2018 FIVE-YEAR RADAR SPEED SURVEY
WHEREAS, the City of Arroyo Grande (“City”) has the authority to regulate to ensure the
public’s health, safety, and general welfare; and
WHEREAS, California Vehicle Code (“CVC”) § 22352 establishes prima facie speed limits
for certain types of streets and highways which have a prima facie speed limit of 25 miles
per hour; and
WHEREAS, CVC § 22357 authorizes a local authority to adopt by ordinance an increase
in local speed limits when the local authority determines, on the basis of an engineering
and traffic survey (E&TS), that a speed greater than 25 miles per hour would facilitate the
orderly movement of vehicular traffic and would be reasonable and safe; and
WHEREAS, CVC § 22358 authorizes a local authority to adopt by ordinance a decrease
in local speed limits when the local authority determines, on the basis of an E&TS that a
speed less than 65 miles per hour would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe; and
WHEREAS, the City Engineer regularly requests completion of E&TS(s) in accordance
with Section 627 of the CVC and the California Manual on Uniform Traf fic Control
Devices (“MUTCD”), analyzing traffic control and travel data along specific roadway
segments; and
WHEREAS, in 2018, the City’s consultant prepared an E&TS documenting the results
of radar speed surveys conducted on 70 street segments througho ut the City in 2016
and 2018, and provided recommendations on the establishment of speed limits on
certain streets in the City in accordance with CVC §§22357-22362; and
WHEREAS, on November 27, 2018, City Council certified the E&TS to establish speed
limits on the 70 selected street segments for an initial period of five (5) years; and
WHEREAS, on November 28, 2023, City Council extended the validity of the E&TS an
additional two (2) years for a total validity period of seven (7) years pursuant to CVC §
40802, which allows for such an extension if specific staff training and equipment
calibration requirements are met; and
WHEREAS, recent amendments to CVC § 40802 allow for up to an additional five-year
extension if registered engineer evaluates the roads and certifies that no significant
changes have taken place; and
WHEREAS, of the 70 street segments throughout the City, the City Engineer met with
Police Department staff and identified fo ur (4) street segments with potential for
Page 171 of 621
ORDINANCE NO.
PAGE 2
significant changes in roadway or traffic conditions due to new development taking
place in close proximity or adjacent to those sections; and
WHEREAS, further evaluation of those four (4) streets indicated that the posted speed
limit remained appropriate, so no changes are recommended to any of the 70
previously approved speed limits from the original E&TS; and
WHEREAS, based on the City Engineer’s evaluation and certification, and consistent
with California Vehicle Code section 40802, as amended, the City Council desires to
extend the certification and validity of the E&TS for the applicable street segments for
an additional period as authorized by law; and
WHEREAS, in connection with extending the certification and validity of the E&TS, the
City Council desires to ratify and reaffirm the existing posted speed limits previously
established for the street segments identified in the E&TS, and to continue such speed
limits in effect without modification.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1. Incorporation. The above recitals and findings are true and correct and
are incorporated herein by this reference.
SECTION 2. Environmental. The City Council finds that this Ordinance is not subject to
the California Environmental Quality Act, California Public Resources Code section 2100
et seq. (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the State CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly..
SECTION 3. Extension of Certification. Certification of the 2018 E&TS is hereby
extended to October 28, 2029 as authorized by CVC Section 40802(c)(2)(B)(i)(I).
SECTION 4. Ratification of Speed Limits. In connection with the extension of the
certification of the City’s E&TS pursuant to applicable law, the City Council hereby
ratifies and reaffirms the existing posted speed limits within the City limits. This
Ordinance is intended to be controlling as to the speed limits ratified herein and, in the
event of any inconsistency with any p rior City ordinance or resolution addressing the
same subject matter, this Ordinance shall govern.
SECTION 5. Sign Authorization. The Public Works Department is hereby authorized
and directed to install any and all appropriate signage providing notice of speed limits
as required under the California Vehicle Code.
Page 172 of 621
ORDINANCE NO.
PAGE 3
SECTION 6. Publication. A summary of this Ordinance shall be published in a
newspaper published and circulated in the City of Arroyo Grande at least five days prior
to the City Council meeting at which the proposed Ordinance is to be adopted. A
certified copy of the full text of the proposed Ordinance shall be posted in the office of
the City Clerk. Within 15 days after adoption of the Ordinance, the summary with the
names of those City Council members voting for and against the ordinance shall be
published again, and the City Clerk shall post a certified copy of the full text of such
adopted ordinance.
SECTION 7. Effective Date. This Ordinance shall become effective 30 days after
adoption.
SECTION 8. Severability. Should any provision of this Ordinance, or its application to
any person or circumstance, be determined by a court of competent jurisdiction to be
unlawful, unenforceable or otherwise void, that determination shall have no effect on
any other provision of this Ordinance or the application of this ordinance to any other
person or circumstance, and, to that end, the provisions hereo f are severable. The City
Council declares that it would have adopted all the provisions of this Ordinance that
remain valid if any provisions of this Ordinance are declared invalid.
SECTION 9. Records. The documents and materials associated with this Ordinance
that constitute the record of proceedings on which the City Council’s findings and
determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA
93420. The City Clerk is the custodian of the record of proceedings.
On motion by Council Member ______, seconded by Council Member _______, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this __ day of January, 2026.
Page 173 of 621
ORDINANCE NO.
PAGE 4
___________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
___________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
___________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
___________________________________
ISAAC ROSEN, CITY ATTORNEY
Page 174 of 621
ATTACHMENT 2
Page 175 of 621
Page 176 of 621
Page 177 of 621
Page 178 of 621
Page 179 of 621
Page 180 of 621
Page 181 of 621
Page 182 of 621
Page 183 of 621
Page 184 of 621