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HomeMy WebLinkAbout382192 ORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE, ADDING SECTION 10.40.021 TO THE IRWINDALE MUNICIPAL CODE PROVIDING FOR ACCESS OF INTERSTATE TRUCKS. The City Council of the City of Irwindale does ordain as follows: SECTION 1. The Irwindale Municipal Code is amended by adding Section 10.40.021 to the Code. INTERSTATE TRUCKS f SECTION A. DEFINITIONS. The following words and phrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it x-+ shall have the meanings set forth in the California Vehicle Code; provided that if any such word or phrase is not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage. (1) "Terminal" means any facility at which freight is consolidated to be shipped or where full -load consignments may be loaded and offloaded, or at which the vehicle combinations are regularly maintained, stored, or manufactured. (2) "Interstate truck" means a combination or vehicles consisting of a truck tractor and semitrailer, or of a truck tractor, semitrailer, and trailer, with limited width and unlimited length as regulated by Vehicle Code, SECTION 351000 and SECTION 35401.5. (3) "Designated route" means a route approved and signed by the City between and approved ingress or egress point and a terminal or service facility. (4) "City" means the City of Irwindale. (5) "Caltrans" means the State of California Department of Transportation or its successor agency. (6) "Traffic Engineer" means the traffic Engineer of the City of Irwindale or his authorized representative. SECTION b. PURPOSE. The purpose of this article is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. SECTION C. APPLICATION. (1) The owners or operators of a terminal requiring terminal access for interstate trucks from the federally designated highway system, which interstate trucks will utilize any City streets in traveling to, or from, such terminal, shall submit an application, on a form as provided by the City together with such information as may be required by the City, and make payment of the appli- cation fees as required by the City. The application shall be filed with the Traffic Engineer. The application shall include the name and address of the applicant, the location of the terminal, the preferred route (and alternate routes if appropriate), evidence that the terminal, if located within the City, meets established criteria and that said terminal's parking and entries are adequate and such other information as the City may require. 1K Ordinance No. 382 (2) Upon receipt of the application, the Traffic Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal meets the requirements for an interstate truck terminal. Upon its approval of that designation, the Traffic Engineer will then determint the capability of the route requested and alternate routes, whether requested or not. Determination of route capability will include, but not limited to, a review of adequate turning radius and lane widths of ramps, intersections, streets and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be considered without the prior approval of Caltrans. (3) Should the requested route pass through the City to a terminal located in another jurisdiction, the applicant, in addition to complying with subsection (1) hereof, shall also comply with that jurisdiction's application process. Securing the approval of the route through that jurisdiction will be the respon- sibility of the applicant, and the applicant shall present to Irwindale, a copy of approval granted from that jurisdiction. (4) No interstate truck may leave a designated route in the City. SECTION 3. FEES AND CONSTS. (1) The applicant shall pay to the City a non-refundable application fee of $250.00 for review of the application and each single proposed terminal together with the access route(s). (2) Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall deposit with the City, funds as estimated by the Traffic Engineer for the purchase and installation of terminal trailblazer signs and terminal identification signs. Trailblazer signs will be required at every decision point in the City on the designated route to the terminal. Terminal identification signs will be required at the entrance to the terminal. No terminal or route may be used until such signs, as may be required, are in place. Costs for subsequent trailblazer signs may be proportioned in accordance with the procedures in SECTIN D (4). Upon completion of the sign installation, the actual cost shall be computed and any difference between the estimated and actual cost shall be billed or refunded to the applicant, whichever the case may be. (3) Upon approval of a terminal and/or its access route, the terminal owner or its successor in interest will pay to the City an annual fee of $40.00 for each such terminal and/or access route, due on January first of each year. In addition, the terminal owner shall be responsible for maintenance or replace- ment of trailblazer signing costs, as determined by the Traffic Engineer, also payable on January first of each eyar. SECTION E. MODIFICATIONS. (1) If all feasible reoutes to a requested terminal are found unsatisfactory by the Traffic Engineer, the applicant shall be notified of the modifications F1 necessary to eliminate a traffic hazard, or to protect existing facilities, as referred to in SECTION E herein. The applicant may request the necessary modifi- cations to make the route acceptable. All costs of engineering, construction and inspection necessary to effect the required modificarions will be the respon- sibility of the applicant. Except when the modification of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done at no cost to the City by a contractor acceptable to the City. Within Caltrans jurisdiction, the applicant is subject to the requirements of Caltrans. (2) Modifications ahll be limited to the reconstruction of curbed islands, curb returns and appurtenant structures; relocation of above -ground fixtrues such as traffic signs, traffic signal standards, traffic signal controllers, street light standards and fire hydrants within the curb return area; relocation of sub - grade fixtures such as drains, conduit or related appurtenances; and intersection approach markings together with traffic signal detection devices. Required modifications shall not include reconstruction of any pavement or street surface not related to the above. 1.94. Ordinance No. 382 (3) When the work is done by the applicant or the applicants contractor, the applicant may file with the City, on a form satisfactory to the City, a statement detailing the actual costs of the modification. It shall be the appli'- cant's responsibility to obtain all necessary permits. (4) If at any time within five (5) years from the date of completion of the modification by the applicant, suould any other applicant seek terminal approval which would use the route upon which such modification was accomplished, any such applicant's fee may include that applicant's proportionate share of the modification, as determined by the City, which fee shall be disbursed by the City to the original applicant who paid for the modification as well as to any applicant who contributed to the cost of modification under this subsection. Nothing herein shall require the payment of a proportionate fee if the applicant doing the work failed to file the report with the City required by Subsection (2) and (3) above. SECTION F. REVOCATION OF ROUTE. The City may revoke any approved terminal or route if the terminal or route becomes a traffic hazard which cannot be modified to the satisfaction of the City pursuant to Section D and E, for vehicular traffic or if there is a failure to pay the fees provided for in Section C of this Code. A traffic hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe traffic conditions for other vehicluar traffic or pedestrians. If the City should so revoke any approve terminal or route, it may, at its discretion, designate an alternate route subject to negotiation or approval of the applicant/terminal owner and the City. SECTION G. APPEAL PROCESS. (1) If the City denies terminal designation, route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within fifteen (15) working days following the date of receipt of the decision of the City, may appeal said decision to the City Council in writing. An appeal shall be made fon a form prescribed by the Traffic Engineer and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the Traffic Engineer or wherein the decision is not supported by the evidence in the record. Within fifteen (15) working days of the filing of an appeal, the Traffic Engineer shall transmit to the City Council the terminal application, the sketches of the proposec or revoked route and all other data filed therewith, the report and decision of the Traffic Engineer on the appeal. (2) The City Clerk shall make copies of the date provided by the Traffic Engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the City Council. (3) If Caltrans, and not the Department, denies or revokes terminal access from federally designated highways, no appeal may be made to the City but must be made to Caltrans. SECTION H. SEVERABILITY CLAUSE. If any section, subsection, sentence, clause or phrase of the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, sub- sections, sentences, clauses or phrases be declared invalid. SECTION I. URGENCY CLAUSE The City Council finds and declares that this Ordinance is required for the immediate protection of the public peace, health and safety for the following reasons: Ordinance No. 382 Sections 351000 and 35401 of the Vehicle Code prohibits interstate trucks from utilizing local streets except as permited by Section 35401.5 and implemented by a local ordinance. The State of California is expecting uniform enforcement of these sections on January 1, 1985. The enactment of this Ordinance is necessary for the City to implement Section 35401.5 of the Vehicle Code to allow terminal access for such interstate trucks. Therefore, this Ordinance shall become effective upon publication pursuant to Section 10.40.021 of the Irwindale Municipal Code. APPROVED and ADOPTED this 23rd day of May, 1985. Mayor Pat S. Mir da ATTEST: &:114 Marga t S. Barbosa, City Clerk I, Margaret S. Barbosa, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance, being Ordinance No. 382, was introduced for first reading, at a regular meeting of the City Council of the City of Irwindale, held on the 25th day of March, 1985, and was duly passed, approved and adopted by said Council, approved and signed by the Mayor and attested by the City Clerk by the following vote of the Council at a regular meeting held May 23, 1985. AYES: COUNCILMEN: Breceda, Castellanos, Tapia, Michael Miranda and Mayor Pat Miranda NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE Margar S. Barbosa, City Clerk 19Z Z