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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
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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.
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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.
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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
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