Report Prepared by: Craig J. Cornwell, City Attorney, City Attorney’s Office
Title
SUBJECT: Request to Set a Public Hearing Regarding the Speed Zone Ordinance
REPORT IN BRIEF
At the conclusion of the November 17, 2025 public hearing regarding the proposed Speed Zone Ordinance, City Council moved to continue the public hearing to a future date. Staff is requesting that the continued public hearing be held on December 15, 2025, to consider amending Merced Municipal Code Section 10.16.010- Speed Limits to implement recommendations made in the speed zone study.
RECOMMENDATION
City Council - Adopt a motion setting a public hearing for Monday, December 15, 2025, at 6:00 PM to consider amending the Speed Zone Ordinance.
Body
ALTERNATIVES
1. Approve, as recommended by staff; or,
2. Approve, subject to modifications as conditioned by City Council; or,
3. Refer to staff for reconsideration of specific items; or,
4. Deny.
AUTHORITY
Charter of the City of Merced, Section 200.
CITY COUNCIL PRIORITIES
As provided for in the FY 2025-26 budget.
DISCUSSION
The City is required by law to perform an Engineering and Traffic Study (Speed Zone Study) every seven years if we wish to continue to use radar for speed enforcement. According to the California Vehicle Code (CVC), the City will not be able to use radar for enforcement of speed zones if the Speed Zone Study is not performed; our last study was done in 2017. City staff has also performed a 2025 study this year, which is now completed.
The scope and objectives of the speed study were based upon definitions of terms and guidelines as established by the state legislature and the California Vehicle Code. The speed study procedure included location selection, data collection, data analysis and evaluation among others. In addition, the speed study includes the existing posted speed limit, median speed, critical speed (85th percentile), pace speed, and recommended speed limit. The ordinance identifies each location studied along with the recommended speed limit.
As noted in the study, a common misconception is that posting a speed limit will influence drivers to drive at that speed. Research conducted in many parts of this country over a span of several decades has shown that drivers are influenced more by the appearance of the street itself and the prevailing traffic conditions than by the posted speed limit. The posted speed limit reflects the maximum speed considered to be safe and reasonable for a given section of roadway.
Also noted in the study, intermediate speed limits between 25 and 55 miles per hour may be established by local authorities based on the traffic engineering surveys. These surveys include an analysis of roadway conditions, accident records, and the prevailing speed of prudent drivers. In these conditions, many drivers will simply ignore the signs. At the same time other drivers stay within the posted limits. This generally increases the difficulty for pedestrians to judge the speed of approaching vehicles. Studies have shown that where uniformity of speed is not maintained, accidents generally increase.
According to state law, when a study has been performed, the posted speed limit should be at or near the 85th percentile. If the speed zone is posted at a limit that is too much below the 85th percentile, it is considered a speed trap unless the engineer can prove that "other" conditions "not apparent to the driver" exist. These conditions, along with the radar collection, form the basis of the study. The police department cannot enforce the zones by use of radar without the study.
By posting what the legislature has defined as a "reasonable and prudent" speed limit, we encourage voluntary compliance and discourage violations. Laws that arbitrarily restrict the majority of drivers in reasonable actions lack public support and usually fail to bring about desirable changes in driving behavior. Staff is confident that all state requirements and methodology in their performance of the study were followed and have developed a report that gives objective recommendations. We will forward a copy of the report to the Traffic Court once it is accepted by City Council.
The City of Merced conducted its last speed zone study in 2017 and adopted Ordinance No. 2492 that became effective October 4, 2018. The existing speed zone study has expired and currently the City speed limits are unenforceable by radar without an updated engineering and traffic speed study. For this reason, Staff recommends Council set a public hearing to consider amending Merced Municipal Code Section 10.16.010 to reflect the 2025 Speed Zone Study in order to discuss the proposed speed zone amendments and allow public input.
History and Past Actions
On November 17, 2025, the City Council held a public hearing regarding the Speed Zone Ordinance revisions. That public hearing was continued to allow further research on increased speed limit recommendations. Staff is now requesting that the continued public hearing be held on December 15, 2025.
IMPACT ON CITY RESOURCES
None.