CC - Item 5B - Temple City Blvd Truck Route� 71
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGE
DATE: JUNE 22, 2000
SUBJECT: ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE
DISCUSSION
Pursuant to requests made by the City Council at the last meeting, verbatim minutes of the May 4,
2000 Traffic Commission meeting and copies of the ordinances for removal of truck routes from the
City of Montebello and City of Chino, were forwarded to City Council on June 14, 2000.
The following exhibits have been attached:
A. Sections 1031 -1036 of the Public Utilities Codes regarding the regulation of
passenger stage corporations. (At the last meeting, Councilmember Bruesch
inquired about references made to these sections.)
B. Section 35703 of the State of California 2000 Vehicle Code.
.*1 C. City Council staff report from June 13, 2000 council meeting.
D. Traffic Commission staff report from June 1, 2000 commission meeting.
E. Audiocassette tapes for the Traffic Commission meetings for May 4 and June 1, 2000.
JUN 2 7 2000
ITEM NO.
WAIS Document Retrieval
CALIFORNIA CODES
PUBLIC UTILITIES CODE
SECTION 1031 -1045
1031. No passenger stage corporation shall operate or cause to be
operated any passenger stage over any public highway in this State
without first having obtained from the commission a certificate
declaring that public convenience and necessity require such
operation, but no such certificate shall be required of any passenger
stage corporation as to the fixed termini between which, or the
route over which, it was actually operating in good faith on July 29,
1927, in compliance with the provisions of Chapter 213, Statutes of
1917, nor shall any such certificate be required of any person or
corporation who on January 1, 1927, was operating, or during the
calendar year 1926 had operated a seasonal service of not less than
three consecutive months' duration, sight- seeing buses on a
continuous sight- seeing trip with one terminus only. Any right,
privilege, franchise, or permit held, owned, or obtained by any
passenger stage corporation may be sold, assigned, leased, mortgaged,
transferred, inherited, or otherwise encumbered as other property,
only upon authorization by the commission.
1031.5. The commission shall not issue or authorize the transfer of
any certificate under this article to any person, firm, or
corporation or to any officer or director of the firm, corporation,
or other entity against whom a final judgment has been entered and
whose name has been transmitted to the commission pursuant to Section
3716.4 of the Labor Code, unless that judgment has been satisfied or
has been discharged in accordance with the bankruptcy laws of the
United States.
1032. (a) Every applicant for a certificate shall file in the
office of the commission an application therefor in the form required
by the commission. The applicant shall forward a copy of the
application to each public transit operator operating in any portion
of the territory sought to be served by the applicant. The commission
may, with or without a hearing, issue the certificate as requested,
or refuse to issue it, or issue it for the partial exercise only of
the privilege sought, and may attach to the exercise of the rights
granted by the certificate terms and conditions that, in its
judgment, the public convenience and necessity require.
(b) The commission may, after a hearing, issue a certificate to
operate in a territory already served by a certificate holder under
this part only when the existing passenger stage corporation or
corporations serving the territory will not provide that service to
the satisfaction of the commission.
(c) Before issuing a certificate, the commission shall consider
the effect of the applicant's proposed operations on the services,
either provided directly or by contract, furnished by any public
transit operator.
1032.1. (a) The commission shall not issue a certificate of public
convenience and necessity pursuant to this article unless the
applicant provides for a mandatory controlled substance and alcohol
testing certification program as adopted by the commission.
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(b) The commission, after considering any suggestions made by the
Department of the California Highway Patrol, shall adopt a program
that includes, but need not be limited to, all of the following
requirements:
(1) Drivers shall test negative for each of the controlled
substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, before employment.
Drivers shall test negative for these controlled substances and for
alcohol at such other times as the commission, after consulting the
Department of the California Highway Patrol, shall designate. As
used in this section, a negative test for alcohol means an alcohol
screening test showing a breath alcohol concentration of less than
0.02 percent.
(2) Procedures shall be substantially as in Part 40 (commencing
with Section 40.1) of Title 49 of the Code of Federal Regulations,
except that the driver shall show a valid California driver's license
at the time and place of testing, and except as provided otherwise
in this section. Requirements for rehabilitation and for
return -to -duty and followup testing, and other requirements except as
provided otherwise in this section, shall be substantially as in
Part 382 (commencing with Section 382.101) of Title 49 of the Code of
Federal Regulations.
(3) A test for one applicant shall be accepted as meeting the same
requirement for any other applicant. Any negative test result shall
be accepted for one year as meeting any requirement for periodic
testing for that applicant,or any other applicant, if the driver has
not tested positive subsequent to a negative result. However, an
earlier negative result shall not be accepted as meeting the
pre - employment testing requirement for any subsequent employment, or
any testing requirements under the program other than periodic
testing.
(4) In the case of an applicant who is also a driver, test results
shall be reported directly to the commission. In all other cases,
results shall be reported directly to the applicant.
(5) All test results are confidential and shall not be released
without the consent of the driver, except as authorized or required
by law.
(6) Applicants shall be responsible for compliance with, and shall
pay all costs of, this program with respect to their employees and
potential employees, except that an applicant may require employees
who test positive to pay the costs of rehabilitation and of
return -to -duty and followup testing.
(7) The requirements of the program do not apply to any driver
required to comply with the controlled substance and alcohol use and
testing requirements of Part 382 (commencing with Section 382.101) of
Title 49 of the Code of Federal Regulations, or Section 34520 of the
Vehicle Code, or to any driver exempted from the provisions of that
section.
(c) No evidence derived from a. positive test result pursuant to
the program shall be admissible in a criminal prosecution concerning
unlawful possession, sale or distribution of controlled substances.
(d) On the request of an applicant, the commission shall give the
applicant a list of consortia certified pursuant to Part 382
(commencing with Section 382.101) of Title 49 of the Code of Federal
Regulations that the commission knows offer tests in California.
(e) The commission shall conduct random and for -cause inspections
of applicants' documents supporting compliance with the program.
(f) For purposes of this section, "employment" includes
self - employment as an independent driver.
1032.5. The commission shall issue a certificate pursuant to this
article to every passenger stage corporation which conducts
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intrastate passenger transportation service pursuant to federal
operating authority, to the extent that regulation of these
operations is not preempted by the federal Bus Regulatory Reform Act
of 1982 (P.L. 97 -261), as amended. The commission may attach any
conditions or limitations to the issuance of the certificate which it
may specify, consistent with federal law and regulation.
1033. The commission, in the exercise of the jurisdiction conferred
upon it by the Constitution of this State and by this part, may
grant certificates of public convenience and necessity, make
decisions and orders, and prescribe rules affecting passenger stage
corporations, notwithstanding the provisions of any ordinance or
permit of any city, county, or city and county, and in case of
conflict between any such order or rule and any such ordinance or
permit, the certificate, decision, order, or rule of the commission
shall prevail.
1033.5. (a) The commission may, at any time for good cause, suspend
an operating right acquired by virtue of operations conducted on
July 29, 1927, or a certificate of public convenience and necessity
and, upon notice to the holder and opportunity to be heard, revoke,
alter, or amend the operating right or certificate.
(b) As an alternative to the suspension, revocation, alteration,
or amendment of an operating right or certificate, the commission
may impose upon the holder a fine not to exceed five thousand dollars
($5,000). The commission may assess interest upon any fine imposed,
the interest to commence upon the day the payment of the fine is
delinquent. All fines and interest collected shall be deposited at
least once each month in the Public Utilities Commission
Transportation Reimbursement Account in the General Fund.
(c) For purposes of this section, "good cause" includes, but is
not limited to, either of the following:
(1) A consistent failure of the holder of the operating right or
certificate to maintain vehicles in a safe operating condition and in
compliance with the Vehicle Code and with regulations contained in
Title 13 of the California Code of Regulations relative to motor
vehicle safety, as shown by the records of the commission, the
Department of Motor Vehicles, the Department of the California
Highway Patrol, or the passenger stage corporation.
(2) The holder's knowing and willful filing of a false report
which understates revenues and fees.
1033.7. (a) Upon receipt of a written recommendation from the
Department of the California Highway Patrol that the certificate of a
passenger stage corporation be suspended either (1) for failure to
maintain any vehicle used in transportation for compensation in a
safe operating condition or to comply with the Vehicle Code or with
regulations contained in Title 13 of the California Code of
Regulations relative to motor carrier safety, if that failure is
either a consistent failure or presents an imminent danger to public
safety, or (2) for failure to enroll all drivers in the pull notice
system as required by Section 1808.1 of the Vehicle Code, the
commission shall, pending a hearing in the matter pursuant to
subdivision (d), suspend the corporation's certificate. The
department's written recommendation shall specifically indicate
compliance with subdivision (c).
(b) A corporation whose certificate is suspended pursuant to
subdivision (a) may obtain a reinspection of its terminal and
vehicles by the department, by submitting a written request for
reinstatement to the commission and paying a reinstatement fee of one
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hundred twenty -five dollars ($125). The commission shall deposit
all reinstatement fees collected pursuant to this subdivision in the
Public Utilities Commission Transportation Reimbursement Account.
The commission shall forward a request for reinspection to the
department which shall perform a reinspection within a reasonable
time. The commission shall reinstate a corporation's certificate
suspended under subdivision (a) promptly upon receipt of a written
recommendation from the department that the corporation's safety
compliance has improved to the satisfaction of the department, unless
the certificate is suspended for another reason or has been revoked.
(c) Before transmitting a recommendation pursuant to subdivision
(a) to the commission, the Department of the California Highway
Patrol shall notify the passenger stage corporation in writing of all
of the following:
(1) That the department has determined that the corporation's
safety record is unsatisfactory, furnishing a copy of any
documentation or summary of any other evidence supporting the
determination.
(2) That the determination may result in a suspension or
revocation of the corporation's certificate by the commission.
(3) That the corporation may request a review of the determination
by the department within five days of its receipt of the notice
required under this subdivision. If a review pursuant to this
paragraph is requested by the corporation, the department shall
conduct and evaluate that review prior to transmitting any
notification to the commission pursuant to subdivision (a).
(d) Whenever the commission suspends the certificate of any
passenger stage corporation pursuant to subdivision (a), the
commission shall furnish the corporation written notice of the
suspension and shall hold a hearing within a reasonable time, not to
exceed 21 days, after a written request therefor is filed with the
commission, with a copy thereof furnished to the Department of the
California Highway Patrol. At the hearing, the corporation shall
show cause why the suspension should not be continued. At the
conclusion of the hearing, the commission may, in addition to any
other applicable penalty provided in this part, terminate the
suspension, continue the suspension in effect, or revoke the
certificate. The commission may revoke the certificate of any
passenger stage corporation suspended pursuant to subdivision (a) at
any time 90 days or more after its suspension if the commission has
not received a written recommendation for reinstatement from the
department and the corporation has not filed a written request for a
hearing with the commission.
(e) If the commission, after a hearing, finds that a passenger
stage corporation has continued to operate as such after its
certificate has been suspended pursuant to subdivision (a), the
commission shall do one of the following:
(1) Revoke the certificate of the corporation.
(2) Impose upon the holder of the certificate a civil penalty of
not less than one thousand dollars ($1,000) nor more than five
thousand dollars ($5,000) for each day of unlawful operations.
1033.8. (a) Upon receipt of a stop order issued by the Director of
Industrial Relations pursuant to Section 3710.1 of the Labor Code,
the commission shall investigate to determine whether the passenger
stage corporation has filed a false statement relative to workers'
compensation insurance coverage, in violation of statute, or rules or
orders of the commission. If, after notice and opportunity to be
heard, the commission determines that there has been a violation of
statute, or rules or orders of the commission, the commission shall
impose appropriate penalties, which may include a fine and suspension
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of operating authority for a violation.
(b) Upon receipt of a complaint from the Director of Industrial
Relations that a final judgment has been entered against any
passenger stage corporation as a result of an award having been made
to an employee pursuant to Section 3716.2 of the Labor Code, the
commission shall, 30 days from the date notice to the corporation is
mailed, revoke the corporation's certificate of public convenience
and necessity, unless the judgment has been satisfied or has been
discharged in accordance with the bankruptcy laws of the United
States or the corporation requests a hearing pursuant to subdivision
(c) .
(c) Within seven days of receipt of a complaint from the Director
of Industrial Relations that a final judgment has been entered
against any passenger stage corporation as a result of an award
having been made to an employee pursuant to Section 3716.2 of the
Labor Code, the commission shall furnish to the corporation named in
the final judgment written notice of the right to a hearing regarding
the complaint and the procedure to follow to request a hearing. The
notice shall state that the commission is required to revoke the
corporation's certificate of public convenience and necessity to
operate pursuant to subdivision (b) after 30 days from the date the
notice is mailed unless the corporation provides proof that the
judgment is satisfied or has been discharged in accordance with the
bankruptcy laws of the United States and the commission has been so
notified seven days prior to the conclusion of the 30 -day waiting
period. The notice shall also inform the corporation of a right to a
hearing and the procedures to follow to request a hearing. The
corporation may request a hearing within 10 days from the date the
notice is sent by the commission. The request for the hearing shall
stay the revocation. The hearing shall be held within 30 days of the
receipt of the request. If the commission finds that an unsatisfied
judgment exists concerning a debt arising under Section 3717 of the
Labor Code, the commission shall immediately revoke the corporation's
certificate of public convenience and necessity.
1034. When a complaint has.been filed with the commission alleging
that any passenger stage is being operated without a certificate of
public convenience and necessity, contrary to or in violation of the
provisions of this part, the commission may, with or without notice,
make its order requiring the corporation or person operating or
managing such passenger stage, to cease and desist from such
operation, until the commission makes and files its decision on the
complaint, or until further order of the commission.
1034.5. Every corporation or person who knowingly and willfully
issues, publishes, or affixes, or causes or permits the issuance,
publishing, or affixing, of any oral or written advertisement,
broadcast, or other holding out to the public, or any portion
thereof, that the corporation or person is in operation as a
passenger stage corporation without having a valid certificate or
issued under this article is guilty of a misdemeanor punishable, if
an individual, by a fine of not more than one thousand dollars
($1,000) or by imprisonment in the county jail for not more than six
months, or by both, or, if a corporation, by a fine of not more than
five thousand dollars ($5,000).
1035. Whether or not any stage, auto stage, or other motor vehicle
is being, or is proposed to be operated as a passenger stage
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corporation "between fixed termini or over a regular route" within
the meaning of this part is a question of fact, and the finding of
the commission thereon is final and is not subject to review. Any
act of transporting or attempting to transport any person or persons
by stage, auto stage, or other motor vehicle upon a public highway of
this State between two or more points not both within the limits of
a single city or city and county, where the rate, charge, or fare for
such transportation is computed, collected, or demanded on an
individual fare basis, shall be presumed to be an act of operating as
a passenger stage corporation within the meaning of this part.
1036. (a) Each application for a certificate of public convenience
and necessity made under this article shall be accompanied by a fee
of five hundred dollars ($500), unless the applicant is already
operating in the immediate vicinity under the jurisdiction of the
commission.
(b) No certificate issued pursuant'to, or rights to conduct any of
the services authorized by, this article shall be sold, leased, or
assigned, or otherwise transferred or encumbered, unless authorized
by the commission. A filing fee of three hundred dollars ($300)
shall accompany all applications for that authorization.
1037. Every passenger stage corporation which violates any
provision of this article, or aids or abets, or without being present
advises or encourages any person or corporation in such violation,
is guilty of a misdemeanor and, upon conviction thereof, if a person,
shall be punished by a fine not exceeding one thousand dollars
($1,000) or by imprisonment in a county jail for a term not to exceed
six months, or by both such fine and imprisonment, or, if a
corporation, shall be punished by a fine not to exceed one thousand
dollars ($1,000).
1038. The interior of every passenger stage operated for hire in
this State shall be maintained in a clean and sanitary condition.
1038.5. A passenger stage corporation shall not operate any motor
vehicle on a public highway unless there is displayed on the vehicle
a distinctive identifying symbol in the form prescribed by the
commission, showing the classification to which the vehicle belongs.
The identifying symbol shall not be displayed until a certificate of
public convenience and necessity has been issued under this chapter
for the operation.
The identifying symbol displayed by a passenger stage corporation
subject to the Interstate Commerce Commission shall serve in lieu of
the display requirements of this section.
1039. In every written or oral advertisement of the service it
offers, every passenger stage corporation shall state the number of
its certificate or identifying symbol, as specified by the
commission.
1040. The commission shall, in issuing a certificate pursuant to
this article, require the passenger stage corporation to procure, and
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to continue in effect during the life of the certificate, adequate
protection against liability imposed by law upon the corporation for
the payment of damages for personal bodily injuries, including death
resulting therefrom, protection against a total liability of the
corporation on account of bodily injuries to, or death of, more than
one person as a result of any one accident, and protection against
damage or destruction of property.
The minimum requirements for these assurances of protection
against liability shall not be less than the requirements which are
applicable to operations of carriers conducted pursuant to the
federal Bus Regulatory Reform Act of 1982 (P.L. 97 -261), as amended.
However, for vehicles designed to carry not more than eight persons,
including the driver, the commission shall not require protection
against a total liability of the corporation on account of bodily
injuries to, or death of, more than one person as a result of any one
accident in an amount exceeding seven hundred fifty thousand dollars
($750,000).
1041. It is unlawful for the owner of a passenger stage employing
or otherwise directing the driver of the passenger stage to permit
the operation of the passenger stage upon any public highway for
compensation without first having obtained from the commission a
certificate pursuant to this chapter or without first having complied
with the vehicle identification requirements of Section 1038.5 or
the accident liability protection requirements of Section 1040.
1042. (a) Every passenger stage corporation shall furnish the
commission annually, as specified by the commission, a list, prepared
under oath, of all vehicles used in transportation for compensation
during the preceding year. The commission shall furnish a copy of
this list to the Department of the California Highway Patrol and to
the corporation's insurer, if the corporation's accident liability
protection is provided by a policy or policies of insurance.
(b) If the passenger stage corporation's insurer informs the
commission that the corporation has failed to obtain insurance
coverage for any vehicle reported on the list, the commission may, in
addition to any other applicable penalty provided in this part, for
a first occurrence, suspend the corporation's certificate or impose a
fine, or both, and for a second or subsequent occurrence may suspend
or revoke the certificate or impose a fine, or both.
1043. Every passenger stage corporation earning over three hundred
fifty thousand dollars ($350,000) in annual gross operating revenue
shall, under oath, file annually a report indicating the number,
classification, and compensation of all employees and owner - operator
drivers hired or engaged during the reporting period. The commission
shall submit a copy of the report to the administrator of the
corporation's workers' compensation self- insurance plan if the
corporation is self - insured, or to the corporation's workers'
compensation insurer if the corporation's workers' compensation
protection is provided by a policy or policies of insurance. The
commission shall not be obligated to undertake an independent
investigation of the adequacy of workers' compensation insurance
coverage based on the information contained in the report if the
carrier has complied with Section 460.7.
1044. When the executive director of the commission determines that
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any passenger stage corporation, or any officer, director, or agent
of any passenger stage corporation, has engaged in, is engaged in, or
is about to engage in, any acts or practices in violation of this
chapter, or any order, decision, rule, regulation, direction, demand,
or requirement issued under this chapter, the executive director may
make application to the superior court for an order enjoining those
acts or practices or for an order directing compliance. The court
may grant a permanent or temporary injunction, restraining order, or
other order, including, but not limited to, an order allowing
vehicles used for subsequent operations subject to the order to be
impounded at the carrier's expense and subject to release only by
subsequent court order following a petition to the court by the
defendant or owner of the vehicle, upon a showing by the executive
director that a person or corporation has engaged in or is about to
engage in these acts or practices.
1045. After the cancellation or revocation of a certificate, or
during the period of its suspension, it is unlawful for a passenger
stage corporation to conduct any operations as a carrier. The
commission may either grant or deny an application for a new
certificate whenever it appears that a prior certificate of the
applicant has been canceled or revoked pursuant to Section 1033.5 or
whenever it appears, after hearing, that as a prior certificate
holder, the applicant engaged in any of the unlawful activities set
forth in Section 1033.5 for which his or her certificate might have
been canceled or revoked.
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nnary 1, 2003, and as
which that is enacted .
late.
995. Repeal operative Jin2
only until January 1
iq
district, may,
vehicle or by
pt with respect to any
clusive, of the Public
for the collection and
s
agns
n after November
Commercial Vehicles
35703. No ordinance adopted pursuant to Section-35701 sbidi
any commercial vehicles coming from an unrestricted street - havm*g.m'g - reaa'
and egress by direct route to and from restricted street when necessary . . for
the purpose of making pickups or deliveries *of goods' wares'- and
merchandise from or. to any building or structure located. on the restricted
street . or for the purpose of delivering materials t;6 be used in the actual and
bona fide repair, alteration, remodeling, - or conitkiction of any -
9 or-
structure upon the restricted street whic for whi .,a building permit has
.I... i ..
previously been obtained.
Public Willy Construction or Repair Vehicle
35704. No ordinance adopted pu rsuant t I o Section' 35701 to. decrease
weight limits shall apply to any vehicle owned by a public utility or a licensed
contractor while necessarily in use in the construction,, installation, 'or repair
of any public utility..
Amended Ch, 371, State. 1987. Effective January 1, lass
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`
ON
A
r=
FROM:
DATE:
SUBJECT:
DISCUSSION
staf epor
HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FRANK G. TRIPEPI, CITY MANAGER
,4 V
JUNE 7, 2000
ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE
In recent years, Commissioner Ruiz has expressed concerns with noise and air pollution caused by
truck travel on Temple City Blvd., especially the use of jake brakes. In response, staff has forwarded
numerous letters to the responsible company regarding this concern (Exhibit A). However, such
actions have had no lasting results.
The Traffic Commission has directed staff to assess the feasibility of removing Temple City Blvd. as
a designated truck route. In order to remove a designated truck route, a municipal code amendment
would be required and is subject to approval by the City Council. In addition, steps would have to
be taken to determine environmental impacts and to gather public comment.
At the June 1, 2000 meeting, the Traffic Commission voted 5 -0 to approve the staff recommendation
to forward this preliminary assessment to the City Council for direction.
Staff's initial solution was to remove the signs that indicate "Truck Route" and I would meet with
the City Manager of El Monte and request his assistance in directing those companies in El Monte to
notify the delivery companies that Temple City Boulevard should not be used as a truck route.
However, the Traffic Commission wants quite a bit of additional staff work (both in -house and
consultant) to be done and we would need the Council's authorization to do so.
EXHIBITS:
Exhibit A — Traffic Commission Staff report, dated May 25, 2000
Exhibit B — Draft Minutes, dated June 1, 2000
OUNCfL -3 E r^
i
i iU N !u
i
ITEM Nb.
EXHIBIT "C"
F:
TRAFFIC COMMISSION MEMORANDUM
TO: HONORABLE CHAIRMAN
AND MEMBERS
ROSEMEAD TRAFFIC COMMISSION
FROM: JESSICA WILKINSON, ASSOCIATE PLANNEFy
DATE: MAY 25, 2000 (
SUBJECT: ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE
DISCUSSION
Pursuant to a request from the Traffic Commission, staff has been directed to assess the impacts
associated with the removal of Temple City Boulevard as a designated truck route. In recent
years, Commissioner Ruiz has expressed concerns with noise and air pollution caused -by truck
travel on this route, especially the use of jake brakes. In response, staff has forwarded numerous
letters to the responsible company regarding this concern (Exhibit Q. However, such actions
have had no lasting results.
The Commission has directed staff to assess the feasibility of removing Temple City Blvd. as a
designated truck route. In order to remove a designated truck route, a municipal code
amendment would be required. These amendments are subject to approval by the City Council.
BACKGROUND
According to Chapter 10.05.010 of the Rosemead Municipal Code (Exhibit A), Temple City
Boulevard is a designated truck route from the northerly city boundary (Southern Pacific
Railroad) to the San Bemandino Freeway (I -10). The truck routes have been established since
the city incorporated in 1959. In the Circulation section of the General Plan (Exhibit B), Temple
City Boulevard is designated a secondary arterial roadway since its traffic volume is not as high
as a primary arterial roadway (i.e. Rosemead Blvd., San Gabriel Blvd., and Garvey Avenue).
Trucks traveling on Temple City Blvd. serve the businesses in Rosemead, El Monte, and Temple
City.
EXHIBIT D
Rosemead Duffic Commission
.lanc 1. 2000
Page 3 of 3
A preliminary step in considering the amendment of the code is to determine if this proposed
project is exempt or not exempt from the California Environmental Quality Act. If this project is
found to be non - exempt, a determination of the possible environmental impacts of this project
must be made. This would require an initial study to be completed. If environmental impacts
are found, adoption of the Mitigated Negative Declaration or the completion of an EIR
(Environmental Impact Report) would be required.
During the initial study process, the following actions would be taken:
1. Traffic study to be completed.
2. Legal findings to be determined by City Attorney.
3. Analysis of San Gabriel Valley Truck Transportation Study, completed by San Gabriel
Valley Council of Governments.
4. Comments by affected Rosemead property owners and businesses.
5. Comments and analysis by affected municipalities, such as El Monte and Temple City.
6. Comment from affected agencies such as Los Angeles County Sheriffs Department, Los
Angeles County Public Works Department, California Highway Patrol, California
Department of Transportation, Los Angeles County Superior Courts - Rio Hondo,
Department of Health Services, South Coast Air Quality Management District,
Metropolitan Transportation Authority, and Foothill Transit.
7. Comparative analysis of similar code amendments completed by other municipalities (i.e.
City of Montebello).
S. Public Notice city -wide and to affected municipalities/ businesses.
9. Public Hearing before the City Council.
10. City Council consideration of amendment to the municipal code.
If City Council directs staff to further process this project, the following recommendations may
be considered:
1. Take no action at this time.
2. Proceed with the public hearing process to amend the Rosemead Municipal Code
10.08.010 to remove Temple City Blvd. as a designated truck route.
3. Temporary removal of truck route as part of a one -year trial program.
4. Designate Temple City Blvd. as a street with a maximum gross weight limit and/or limit
the hours of truck deliveries.
Rosemead Trajfc Commission
June 1, 2000
Page 3 of
RECOMMENDATION:
Due to the extensive amount of staff and consultant time necessary to pursue this project, it is
recommended that the Traffic Commission forward this preliminary assessment to the City
Council for direction.
Exhibits.
A — Municipal Code Section 10.08.010
B — General Plan, Circulation Section
C— Letter
V. MATTERS FOR DISCUSSION AND ACTION
A. ORDINANCE NO. 806 — AMENDING CABLE TELEVISION
PROVISIONS OF MUNICIPAL CODE; AND AGREEMENT GRANTING
A NON - EXCLUSIVE FRANCHISE RENEWAL TO CHARTER
COMMUNICATIONS ENTERTAINMENT H
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ
that the Council adopt Ordinance No. 807. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
A.2. CABLE COMMUNICATIONS FRANCHISE AGREEMENT WITH
CHARTER COMMUNICATIONS
MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ
that the Council approve the Franchise Agreement. Vote resulted:
Yes: Bruesch, Taylor, Clark, Vasquez, Imperial
No: None
Absent: None
Abstain: None
The Mayor declared said motion duly carried and so ordered.
CONTINUED DISCUSSION — TEMPLE CITY BOULEVLARD TRUCK
ROUTE
This item was received and filed.
VI. STATUS REPORTS - None
VII. MATTERS FROM OFFICIALS -None
VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None
IX. ADJOURNMENT
There being no further action to be taken at this time, the meeting was adjourned at 8:30
p.m. in memory of Sally Savedra, and the Orange County police officer that was fatally shot.
The next regular meeting will be held on Tuesday, July 11, 2000, at 8:00 p.m.
Respectfully submitted:
APPROVED:
City Clerk
MAYOR
CCMIN6 -27 -00
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