Loading...
HomeMy WebLinkAbout85-05 Relating to Interstate TrucksORDINANCE NO. 85-5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C0STA MESA, CALIFORNIA, RELATING TO INTERSTATE TRUCKS. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLIOWS: SECTION 1. The City Council of the City of Costa Mesa hereby finds and declares as follows: 1. The Congress of the United States of America through the Surface Transportation Assistance Act of 1982 has allowed the operation of longer, wider and heavier trucks on a designated system of state highways, primarily controlled access freeways, and has required that reasonable access to services and terminals be provided. 2. The State of California has further defined the service access requirement by 1983 legislation, charging the Department of Transportation with signing of service facilities within one-half mile of the designated system. 3. The 1983 legislation further charges local authorities with estab- lishing, coordinating, reviewing and designating terminal access routes within the local jurisdiction, in cooperation with the State Department of Transportation, by means of procedures established by ordinance for signing the access route. Accordingly, the Costa Mesa Municipal Code is amended as follows: SECTION 2. Title 10 is hereby amended to add.Chapter XVIII thereto, consisting of Sections 10-345 through '10-352 to read as follows: Chapter XVIII. Interstate Trucks. Section 10-345. Purpose. The purpose of this Chapter is to establish procedures for designation of terminals, and truck routes to terminals, for interstate trucks operating on a federally -designated highway system. Section 10-346. 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 -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. a. "Terminal" means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off-loaded or at which the vehicles are regularly maintained, stored or manufactured. b. "Interstate truck" means a truck tractor and semi -trailer or truck tractor, semi -trailer and trailer with unlimited length as regulated by the Vehicle Code. C. "Transportation Engineer" means the Transportation Services Engineer of the City of Costa Mesa or his authorized representative. d. "Caltrans" means the State of California Department of Transporta- tion or its successor agency. Section 10-397. Application. a. Any interested person requiring terminal access, using Costa Mesa highways, for interstate trucks from the federally -designated highway system shall submit an application, on a form provided by the City, together with such information as may be required by the Transportation Engineer, and appropriate fees to the City of Costa Mesa. b. Upon receipt of the application, the Transportation Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. Upon his approval of that designation, he will then determine the capa- bilities of the route requested and of alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways, and general traffic conditions such as sight distance, speed, and traffic volumes. No access from the California State highway system will be approved without the approval of Caltrans. c. Should the requested route pass through the City of Costa Mesa to a terminal located in another jurisdiction, the route shall not be designated until the applicant also complies with that jurisdiction's application process. Costs for trailblazer signs shall be as provided in Section 10-348(b). Section 10-348. Fees and Costs. a. The applicant shall pay a non-refundable application fee, as established by the City Council by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alter- nate route. b. Upon the.approval of the terminal designation and route by the City of Costa Mesa and by Caltrans, the applicant shall deposit with the 91 -2- J City of Costa Mesa sufficient funds as estimated by the Transportation Engineer to pay for the purchase and installation of terminal trailblazer signs.. Trailblazer signs will be required at every decision point in the City along the route to the terminal. Upon campletion of the installation of the signs, the actual cost shall be computed, and any difference between the actual arra the estimated cost shall be billed or refunded to the applicant, as appro- priate. No terminal or route may be used until all required signs are in place. Costs for trailblazer signs may be reapportioned in accordance with the procedures in Section 10-349(d). Section 10-349. Retrofitting. a. If all feasible routes to a requested terminal are found unsatis- factory by the Transportation Engineer, the applicant may request retro- fitting the deficiencies. All costs of engineering, construction and inspection will be the responsibility of the applicant. Except when the retrofitting of the deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the City or by a contractor for the ,applicant acceptable to the City. b. U -ten the work is to be done by the City, the applicant shall deposit with the City of Costa Mesa funds equal to the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after canple- tion of the work, and any difference between the actual and the estimated cost shall be billed or refunded to the applicant as appropriate. c. Mien the work is done by the applicant's contractor, the applicant may file with the Transportation Engineer, on a form satisfactory to the Transportation Engineer, a statement detailing the actual costs of the retrofitting. d. If, at any time within five (5) years frau the date of conpletion of the retrofitting, any other applicant should seek terminal access approval which would use the route upon which such retrofitting was accomplished, any such applicant's fee may include that applicant's proportionate share of the cost of retrofitting, as determined by the Transportation Engineer, which fee shall be disbursed by the City of Costa Mesa to the applicant who paid for the retrofitting as well as to any other applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a proportionate share of the fee if the applicant doing the work failed to file with the Transportation Engineer the report cost state- ment required by subsection (c) above. 6 -3- 0f Section.10-350. Revocation of Route. The Transportation Engineer may revoke any approved terminal or route if the terminal or route becomes a hazard to vehicular traffic. A safety hazard exists when interstate trucks are unable to negotiate the route or when said vehicles cause unsafe conditions for other vehicular traffic or for pedestrians. Section 10-351. Appeal Process. a. If the Transportation Eng ineer.denies an application for terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant/terminal owner, within ten (10) days following the date of mailing of the decision of the Transportation Engineer, may appeal said decision to the City Council in writing. An appeal shall be filed with the City Clerk. The appeal shall state specific facts showing an error or abuse of discretion by the Transportation Engineer or that the decision is not supported by the evidence in the record. Within five (5) days of the filing of an appeal, the Transportation Engineer shall transmit to the City 'Clerk the terminal application, the sketches of the revoked.route and all other data filed therewith, the report of the Transportation Engineer, the findings of the Transportation Engineer and his decision on the application. b. The City Clerk shall make copies of the data provided by the Transportation 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. c. If Caltrans, and not the Transportation Engineer, denies or revokes terminal access from a State Highway, no appeal may be made to the City Council, but any appeal must be made to Caltrans as may be permitted by Caltrans. SECTION 3. This Ordinance shall take effect and be in full force thirty (30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall be published once in the ORANGE COAST DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa or, in the alternative, the City Clerk may cause to be published a su mary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the 6 -4- aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 18th day of March , 1985. ATTEST: qfEy Clerk of the Cityof Costa sa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF COSTA MESA ) May of the City o Mesa APPROVED AS TO FORM CITY ATTORNEY I, EILEEN P. PfiINNEY, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 85-5 was introduced and considered section by section at a regular meeting of said City Council held on the 4th day of March , 19.85, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 18th day of March , 1985, by the following roll call vote: dd AYES: COUNCILMEMBERS:� / NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa -Mesa this 19th day of March , 1985. Clerk and ex -officio Clerk of ity Council of the City of Cost esa a -5-