TC - Item 3B - Discussion Regarding Commercial Tour Bus and Casino Bus Operations within RosemeadROSEMEAD TRAFFIC COMMISSION
STAFF REPORT
TO: TRAFFIC COMMISSION
FROM: CHRIS MARCARELLO, PUBLIC WORKS DIRECTOR l/
DATE: APRIL 3, 2014
SUBJECT: DISCUSSION REGARDING COMMERCIAL TOUR BUS AND CASINO BUS
OPERATIONS WITHIN ROSEMEAD
SUMMARY
Over the last few months the City has begun to explore alternatives relative to tour and
casino bus operations and loading zones in the community. Some of the problems
associated with these operations include parking problems caused by bus patrons, littering,
and pedestrian /vehicle safety concerns adjacent to bus stops. Additionally, some residents
have expressed concerns with bus traffic in residential streets. Currently, the City does not
have existing regulations or policies related specifically to bus operations.
Staff Recommendation
It is recommended that the Traffic Commission review and provide input related to bus
operations in the City.
DISCUSSION
In reviewing this issue at a previous Commission meeting, guidelines from neighboring
cities were reviewed and discussed. To summarize, the regulations used in neighboring
cities include some of the following provisions:
• The establishment of designated bus loading zones;
• The requirement of bus operators to obtain City business licenses;
• The requirement of bus operators to obtain collect and dispose of any litter /trash;
At this meeting, Commissioners asked staff to investigate if other communities use different
approaches to address similar bus operations. Staff researched this topic and found that
the communities with such programs establish a permit process and designate locations
where buses can operate. Most of the communities with regulations in place would be
considered tourist destinations where visitors utilize tour buses to visit community
attractions.
Traffic Commission Meeling
April 3, 2014
Page 2 of 3
Interim Measures to Address Bus Parking /Loading Zones
To date, the City has taken a proactive approach to address tour bus traffic in the City.
This includes the following measures:
• Trash /Debris Adjacent to Bus Loading Areas — Trash containers have been installed
at several locations to prevent litter and debris from accumulating in the public right -
of -way. Further, City code enforcement officials have worked with adjacent property
owners to better monitor trash /litter that accumulates on vacant private property lots.
In addition, the City recently ordered new universal signage that will discourage
littering in these areas. As planned, these signs will be installed in April.
• Bus Traffic on Residential Streets — Additional warning signage has been installed
on residential streets adjacent to arterial and collector streets. These signs cover a
total of 30 such locations adjacent to San Gabriel Blvd., Garvey Ave., Walnut Grove
Ave., Del Mar Ave., and New Ave. These signs specifically warn drivers of gross
vehicle weight limits on residential streets. If bus operators are discovered on a
residential street, they would be subject to fines.
• Monitoring of Bus Loading Areas — Code enforcement staff has taken additional
proactive measures to monitor bus loading areas. This includes monitoring and
enforcing parking regulations (red curbing, parking over driveways, stopping /loading
time limits) and bus patron activities (littering, parking violations) during pickup times.
Potential Bus Parking /Loading Zones in the City
Several alternative locations were reviewed as potential bus loading zones in the City.
Unfortunately, there are no City-owned public parking lots that are available for this
purpose. In researching other potential parking locations, staff was able to identify several
potential sites in the community, including a few vacant lots on Garvey Avenue, the Whittier
Narrows golf course parking lot, and the Skylink TV parking lot on Montebello Drive
adjacent to the Montebello Towne Center. Staff has made contact with several of these
entities /property owners regarding parking availability, but to date, the response has not
been favorable. Another issue identified with citing a bus loading area is City zoning
restrictions. Currently, the City's Municipal Code has strict guidelines on uses for
properties on major corridors like Garvey Avenue. These guidelines could create
difficulties with citing a temporary parking /loading area for bus operations.
Based on these items, it has been determined that the best course of action is to pursue
limitations to bus loading and stopping on City streets. Since many tour buses and casino
tour buses are licensed under statewide rules, these limitations would need to be
implemented in conformance with regulations contained in the California Vehicle Code
(CVC) and in California Public Utilities Commission (PUC) rules. As proposed, the City's
guidelines would allow for bus travel on City streets but would prohibit loading and
unloading passengers on City streets. Bus operators would be required to establish their
Traffic Commission Meeting
April 3, 2014
Page 3 of 3
own arrangements with private property owners to pick up passengers. Such
arrangements would also require that adequate parking be provided for bus passengers. In
addition, authorized bus operators would be required to obtain a City business license and
submit proof of loading zone /parking arrangements with the City. Any operators found in
violation of these provisions would be subject to fines contained in the City's fee schedule.
If acceptable to the Commission, staff will work on the development of a draft ordinance for
consideration at May's Commission meeting. At this time, staff would identify and invite
local bus operators to attend the meeting and provide input on the topic. The draft
ordinance and any public comments would then be forwarded to the City Council for further
review and consideration.
Attachment 1: City of Monterey Park Ordinance
Attachment 2: City of San Gabriel October 15, 2013 Report
Chapter 10.62 TOUR BUSES Page 1 of 6
Monterey Park Municipal Code
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Title 10 VEHICLES AND TRAFFIC
Chapter 10.62 TOUR BUSES
10.62.010 Purpose.
This chapter is adopted in accordance with Article XI, Section 7 of the California Constitution and applicable
provisions of the California Vehicle Code for the purpose of mitigating traffic congestion; improving aesthetics;
reducing safety hazards; and ameliorating noise pollution by regulating tour bus parking within the city's
jurisdiction. (Ord. 2086 § 2, 2012)
10.62.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions will govern the
construction of the words and phrases used in this chapter:
"Limousine" means a motor - propelled sedan vehicle of either standard or extended length, with a lawful
seating capacity of not more than fourteen passengers, including the driver, and used in the transportation of
passengers on a prearranged basis.
"Merchant" means hotels; motels; restaurants; cultural and entertainment centers; and other retail businesses
within the city.
"Taxicab" means a passenger vehicle designed for carrying not more than eight persons, excluding the driver,
used to carry passengers for hire that is not regulated by the California Public Utilities Commission, or any
successor agency, which operates within the city's jurisdiction.
"Tour bus" means any motor - propelled vehicle that is used for the transportation of passengers for
consideration or compensation and is subject to license for such by the Public Utilities Code, except taxicabs and
limousines, and except "buses" as defined and regulated under Section 10.52.070 of this code.
"Tour bus operator" means the owner, proprietor, and/or manager of the bus company providing the
transportation service, including any agents therefor. (Ord. 2086 § 2, 2012)
10.62.030 Application of regulations.
The limitations on standing or parking in this code will not relieve any person from the duty to observe other
and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the standing or
parking of vehicles in specified places or at specified times. (Ord. 2086 § 2, 2012)
10.62.040 Tour bus loading zones establishment and restrictions.
(a) The city council may, by resolution, establish tour bus loading zones in the city of Monterey Park for the
safe and convenient loading and
unloading of passengers. The resolution may provide as follows:
(1) The location(s) of such loading zones;
(2) The time periods for exclusive use of the loading zones by tour buses;
(3) The maximum amount of time for any tour bus to be parked in a tour bus loading zone.
(b) It is unlawful for any tour bus to be parked in locations other than the designated tour bus loading zones
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Chapter 10.62 TOUR BUSES
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for the designated times, except as follows:
(1) As otherwise permitted by this chapter; or
(2) For the purpose of loading and unloading passengers at hotels, motels restaurants and cultural or
entertainment events that the tour bus passengers are patronizing;
(3) In the event of an emergency.
(c) It is unlawful for vehicles, other than tour buses, to park in a tour bus loading zone, except as authorized
by city council resolution.
(d) The engine of a tour bus must remain off while the tour bus is parked in a tour bus loading zone.
(e) These sections do not become effective until signs giving notice of these restrictions are erected at the
tour bus loading zones. (Ord. 2086 § 2, 2012)
10.62.050 Designation of tour bus parking areas.
Notwithstanding any other provision in this code, the city council may by resolution designate certain streets
or portions thereof upon which preferential parking privileges for tour buses are provided to merchants
immediately adjacent to the proposed tour bus parking area for their use and the use of their guests ( "designated
tour bus parking area"). The city council may adopt such a resolution approving such designated tour bus
parking areas either: (a) notwithstanding any other provision in this code, on its own motion through any lawful
procedure it deems appropriate; or (b) upon application and after a public hearing before the traffic commission
as set forth below:
(a) Application. Any person seeking a designated tour bus parking area must file an application with the city
manager, or designee, containing the following:
(1) The name, address and phone number of the applicant;
(2) The location of the proposed designated tour bus parking area and times requested for parking;
(3) Additional information the city manager, or designee, may reasonably require including if necessary any
information or studies necessary to conduct review under the California Environmental Quality Act (Public
Resources Code Section 21000, et seq., "CEQA ") and the regulations promulgated thereunder (14 Cal. Code of
Regulations Section 15000, et seq.);
(4) The applicant must sign an application under penalty of perjury.
(b) Fee. Applicants for designated tour bus parking areas issued pursuant to this chapter will pay to the city a
fee equal to the sum of money sufficient to reimburse the city for expenses incurred by it in connection with
processing the applications, including providing notice for a public hearing and the other associated costs such as
installing appropriate signage. The amount of such fees will be established periodically by city council
resolution.
(c) Fee Deposit. The city manager is authorized to promulgate administrative policies and procedures
( "AP &P ") for recovering administrative, consultant (including legal) or other costs incurred by the city for
review of applications for designated tour bus parking areas, for any required environmental review in
accordance CEQA. Such AP &Ps should include the following provisions:
(1) Persons seeking discretionary approval for tour bus parking areas must reimburse the city for all costs
associated with reviewing such applications;
(2) To ensure that the city is reimbursed for such costs, the city may require applicants to deposit an amount
reasonably estimated to cover the
costs of such services depending on the size and complexity of the application;
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Chapter 10.62 TOUR BUSES
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(3) The applicant's deposit, if any, will be placed in a non - interest bearing trust account established by the
city manager. Costs associated with review of a particular project will be charged against the deposit amount.
The city may require the applicant to replenish the amount should the balance fall below a reasonable amount;
(4) Funds remaining in a deposit upon conclusion of the city's approval process, and after all costs are
reimbursed, will be promptly returned to the applicant. (Ord. 2086 § 2, 2012)
10.62.060 Public hearing before Wafl9c commission.
(a) Traffic Commission Public Hearing. After receiving an application as set forth above, the traffic
commission must hold a public hearing to consider the tour bus parking area designation and make a
recommendation to the city council.
(b) Notice Required. Not less than ten days before the date of a hearing on applications for a parking permit,
the city must give notice of the scheduled hearing. The notice must include the time, place, nature of the
application, and the general location of the parking area under consideration.
(c) Such notice must be mailed first -class and postage prepaid to the applicant; and to all persons whose
names and addresses appear on the latest available assessment roll of the county of Los Angeles as owners of
property within a minimum distance of three hundred feet from the proposed parking area and to anyone filing a
written request for notification. The city manager, or designee, may require a greater distance of notification, at
his or her discretion.
(d) Wider Area. If the city manager or designee finds that the mailing of notices required in this section does
not give sufficient notice to the affected persons, then additional notices must be posted at such locations as are
deemed best suited to reach the attention of and inform those persons who may be affected. (Ord. 2086 § 2,
2012)
10.62.070 Designatlon.
(a) After holding the public hearing, the traffic commission may make a recommendation to the city council
to designate a tour bus parking area by resolution, with or without conditions, provided that all of the following
findings of fact are made:
(1) That the site is adequate in size, shape and topography for the proposed parking;
(2) That the site will not impair traffic and is adequate in width and pavement" to permit the proposed
parking;
(3) That the proposed parking will not negatively impact any nearby noise - sensitive uses and will comply
with the requirements of this code regarding noise;
(4) The proposed parking will not, under the circumstances of the particular case, be detrimental to the
health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or
improvements in the vicinity;
(5) A recommendation to the city council for a maximum number of parking spaces for a designated tour
bus parking area; and
(6) A report on the benefits and detriments to the community that would result from the approval of the
designated tour bus parking area.
(b) The city council may consider the traffic commission's recommendation, receive any further public
comment, and by resolution may approve, reject or modify the traffic commission's recommendation or return
the matter with direction to the traffic commission to reconsider. (Ord. 2086 § 2, 2012)
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Chapter 10.62 TOUR BUSES
10.62.080 Duration.
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A designated tour bus parking area remains in effect unless repealed by the city council. If at any time the city
manager, or designee, determines that any of the findings set forth in the preceding section are no longer present
or that there is no longer a purpose for the designation to continue, then the city manager may notice a public
hearing before the traffic commission pursuant to the procedures set forth in this chapter. The traffic commission
may at that time consider whether such findings continue to be present and whether there is still a need for the
designation. If not, then the traffic commission must make a recommendation to the city council to repeal the
resolution designating tour bus parking area. The city council, after consideration of the traffic commission's
recommendation and receiving any further comment, may by resolution approve, reject or modify the traffic
commission's recommendation or return the matter with direction to the traffic commission to reconsider. (Ord.
2086 §2,2012)
10.62.090 Parking by permit.
Notwithstanding any other provision in this code, persons holding a valid permit issued pursuant to this
chapter may park a tour bus in a designated tour bus parking area consistent with the requirements of such
permit. (Ord. 2086 § 2, 2012)
10.62.100 Issuance of permits.
The city manager, or designee, is authorized to issue parking permits pursuant to this chapter. (Ord. 2086 § 2,
2012)
10.62.110 Parking permits — Application.
Every person seeking a parking permit for a designated tour bus parking area must file an application with the
city manager, or designee, containing the following:
(a) The name, address and phone number of the registered applicant;
(b) Verification that the location of the applicant's business is a bona fide city merchant adjacent to the
designated parking area;
(c) Additional information the city manager, or designee, may reasonably require. The city requires that all
federal, state, local regulatory requirements must be complied with;
(d) The applicant must sign an application under penalty of pequry. (Ord. 2086 § 2, 2012)
10.62.120 Fees.
Applicants for parking permits issued pursuant to this chapter will pay to the city a fee equal to the sum of
money sufficient to reimburse the city for all expenses incurred by it in connection with processing permit
applications and anticipated ongoing maintenance and enforcement costs. The amount of such fees will be
established periodically by city council resolution. (Ord. 2086 § 2, 2012)
10.62.130 Indemnity and insurance.
Unless the city council finds that no indemnity and insurance is required for the protection of the city or the
public and waives the requirements of this section, the permit is not effective unless and until the applicant posts
and maintains with the city a policy of public liability and property damage insurance, approved as to form and
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Chapter 10.62 TOUR BUSES
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insurer by the city manager and conditioned so as to protect, indemnify and save harmless, the city, its officers
and employees from any and all loss, damages, liability, costs and expenses which may result from or arise out
of the granting of the permit or the use of the permit of any kind by the perm ittee or any guest of perm ittee and to
pay any and all loss or damage that may be sustained by any person as a result thereof. The limit of liability upon
any such policy cannot in any case be less than one hundred thousand dollars for the death or bodily injury of
one person and three hundred thousand dollars for the death or bodily injury of more than one person, and fifty
thousand dollars for property damage. (Ord. 2086 § 2, 2012)
10.62.140 Additional prohibitions.
(a) It is unlawful for any person to falsely represent themselves as eligible for a parking permit under this
chapter or to furnish false information in an application for a parking permit.
(b) It is unlawful for any person to copy, produce, or otherwise bring into existence a facsimile or counterfeit
parking permit.
(c) It is unlawful for any person to knowingly use or display a facsimile or counterfeit parking permit, with
intent to evade prohibitions or limitations on parking in a specified area. (Ord. 2086 § 2, 2012)
10.62.150 Issuance.
The city manager or designee must issue a permit if
(a) The application was complete in accordance with this chapter;
(b) There are no grounds for denying the permit; and
(c) The applicant accepts the permit in writing. (Ord. 2086 § 2, 2012)
10.62.160 Permit use.
The permit issued pursuant to this chapter must contain, and use of such permit must conform to, the
following conditions:
(a) All requirements of the corresponding resolution designating the tour bus parking area;
(b) The engine of a tour bus will be turned off while the tour bus is parked in a tour bus parking area;
(c) The general permit conditions of this chapter. (Ord. 2086 § 2, 2012)
10.62.170 Duration.
A parking permit is valid for one calendar year. Upon expiration, the applicant may apply for and be granted
additional parking permits if the applicant still qualifies under the requirements set forth in this chapter. (Ord.
2086§ 2, 2012)
10.62.180 Permit denial.
A permit must be denied if the city manager finds that:
(a) The applicant is not a bona fide merchant adjacent to the designated parking area;
(b) Information submitted by the applicant is materially false; or
(c) The number of tour buses allowed to park in the permit issued exceeds the number of tour bus parking
spaces available for use by permittees. (Ord. 2086 § 2, 2012)
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Chapter 10.62 TOUR BUSES
10.62.190 Permit form.
Page 6 of 6
Permits issued pursuant to this chapter will be in a form prescribed by the city manager or designee. (Ord.
2086 §2,2012)
10.62.200 Appeals.
Every person who is issued a notice of parking violation pursuant to this chapter may request review of that
notice under Vehicle Code Section 40215, et seq. (Ord. 2086 § 2, 2012)
10.62.210 Display.
All permits will be placed at the lower driver's side of the windshield of the vehicle to which it relates so that
it is clearly visible from the exterior of the oversized vehicle. (Ord. 2086 § 2, 2012)
10.62.220 Application of regulations.
The time limitations on standing or parking in this code will not relieve any person from the duty to observe
other and more restrictive provisions of the California Vehicle Code or this code prohibiting or limiting the
standing or parking of vehicles in specified places or at specified times. (Ord. 2086 § 2, 2012)
10.62.230 Parking citation and towing of vehicles.
(a) Vehicles, including tour buses, unlawfully parked in designated tour bus loading zones or designated tour
bus parking areas are subject to a parking citation and a fine as set forth in the city's master fee schedule, as
adopted by the city council, and amended from time to time by resolution.
(b) Except as otherwise provided by this chapter, tour bus operators who unlawfully park tour buses in
locations other than the designated tour bus loading zones or designated tour bus parking areas during the hours
the tour bus loading zones are exclusively available to tour buses are subject to a citation and fine as set forth in
the city's master fee schedule, as adopted by the city council, and amended from time to time by resolution.
(c) Any vehicle, including tour buses, which are in violation of this chapter, are subject to removal by the
city pursuant to the grounds and procedures in the California Vehicle Code. (Ord. 2086 § 2, 2012)
10.62.240 Notice.
(a) Signs giving reasonable notice of the prohibitions contained in this chapter will be erected within the
specified areas as required by the California Vehicle Code.
(b) The city engineer is authorized to post conspicuous signs giving notice of the restrictions on using
commercial streets, the existence of tour bus loading zones and designated tour bus parking areas and the time
limitations for parking in such zones or areas. The regulations imposed by this section are not effective until such
time as signs giving notice of such restrictions are erected. (Ord. 2086 § 2, 2012)
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i.
Community Development Department
6191 M\ I'1 l I ' I I'
Date: October 15, 2013
To: Steven A. Preston, FAICP, City Manager
From Jennifer Davis, Development Director,( %�fJ>
By: Daren Galley, PE, City Engine
Larissa De La Cruz, Associate Planner - o
Subject. Regulation Options for Commercial Tour and Casino Bus
Operations within San Gabriel
SUMMARY
This report responds to recent community concerns regarding tour and casino bus
operations along Valley Boulevard and into adjoining residential streets. The specific
concerns are related to pedestrian and vehicular safety, traffic congestion, parking,
improper trash disposal, and harassment of motorists. City staff has conducted a review
of the City's existing tour bus operations, existing regulations, and best practices
followed by other agencies. Based on this review, staff has concluded that the bus
operations clearly have a negative impact on the business and residential community,
public infrastructure, and the environment.
The goal of this report is to identify a strategy to minimize the impact of tour bus
operations on the community. Staff recommends Council support two specific actions
toward this goal. First, staff should draft an ordinance that would prohibit tour buses
from loading passengers on City streets. Second, staff should prepare information and a
recommendation regarding creating a residential parking permit program that would
reduce or eliminate non - resident parking on streets currently impacted by tour buses. If
Council supports this approach, the draft ordinances would be prepared for Council
consideration at a future Regular Council Meeting. The potential residential permit
parking program will be presented as a part of the citywide parking policy Study Session
scheduled for January 7, 2014.
For many years, privately owned and operated tour buses have used Valley Boulevard in San
Gabriel to pick up and drop off passengers. The tour buses take riders to southern California
tribal casinos, Las Vegas, and other cities in California.
Reputation Options for Commerod Tour and
Casino Bus Operations within San Gabriel
October 15, 2013
Page 2
The tour bus operations have been a concern to the community, City Council and staff. In 2005,
City Council requested a report on the bus operations, the impacts to the community and a
discussion of other cities' experiences with tour buses. That report, presented at the December
12, 2005 Council meeting addressed citizen complaints, the types of licenses required, impacts
on neighboring streets and staff concluded that the City's ability to regulate tour buses is greatly
limited by state laws. At that time, staff did not find evidence of widespread violations of traffic
laws, noise or other code provisions, and the City Council did not direct any action at that time.
In the last several months, there has been a renewed concern about the tour bus operations.
This is due in part to a perceived increase in the number of buses operating in San Gabriel and
how they conduct their business. Residents also stated some specific complaints at the July 2,
2013 City Council meeting. Since then, staff was asked to revisit the tour bus issues and to
provide an update and recommendations to the City Council.
II. ANALYSIS
An ad -hoc committee of City staff, representing the Community Development, Police, Finance
and Public Works Departments met several times to identify the issues associated with the tour
bus operations and evaluate possible solutions to these problems. Staff has made several field
visits to sites along Valley Boulevard and observed the tour bus operations and the activities of
their passengers. Community Development staff met with Councilman Pu, as well as residents
and affected business owners to discuss their specific experiences, concerns and suggestions
with tour bus operations. Some of those suggestions, which ue evaluated and further analyzed
in this report, include creating a special class of business license for commercial buses,
designating bus loading areas along Valley Blvd, and banning oversize commercial vehicles from
traveling on residential streets.
In developing possible solutions to the problems identified, staff reviewed the California Vehicle
Code (CVC), California Public Utilities Commission (CPUC) regulations and the City Municipal
Code with regard to provisions applicable to tour buses. To gain insight from other
municipalities that have dealt with these issues, staff also reviewed published studies and findings
by other cities that have had similar problems with tour bus operations. Finally, staff reviewed
tour bus ordinances recently adopted by the City of Monterey Park and met with their staff to
review the challenges and successes they have experienced since the ordinances were adopted.
Staff reviewed the experiences of five other cities to glean further insight and solutions and
participated in an enforcement operation conducted by the CHP in San Gabriel.
Problems Posed By Tote Bus Operations
There are numerous problems created by the tour buses and their customers utilizing San
Gabriel streets and neighborhoods to conduct business. These problems are outlined by
category and briefly described below.
Impacts to Budnesses
• Buses take up on- street parking near
businesses that would otherwise be
available to customers
• Bus riders park in private parking
lots without permission taking up
business patron packing
• Buses block storefront visibility
• Bus riders congregate around
business entryways, thereby
deterring regular customers
Regulation Options for Commercial Tour and
Casino Bus Operations within Son Gabriel
October 15, 2013
Page 3
Bus riders toogregating around businesses and trash
Tmffrcand Pedellrian Sty improperly disposed by riders.
• Buses use residential streets that are too narrow streets and make maneuvering difficult and
potentially dangerous
• Buses stop along Valley Blvd obstructing sight distance for other vehicles
• Bus riders often cross mid -block across busy arterial to catch bus or return to vehicles
• Residential neighborhoods - residential parking is taken up by bus riders' vehicles
• General safety of buses (e.g., poorly maintained vehicles and unsafe driving)
• Increase in highway incidents, including accident on 210 freeway on August 22, 2013
Criminal Activity
• Physical altercations between operators and motorists vying for same parking spots
• Vandalism of vehicles left in parking lots for extended periods of time
• Harassment of motorists and residents who want to use legitimate parking spaces
• Motorists have reported assault and property damage
Emvirommental Nxisance
• Improperly disposed trash discarded by riders
• Residential garbage cans blocked from pickup
by Athens
• Some bus operators have disposed of human
waste in storm system /flood channels
• Reports of some riders using trash enclosures
to relieve themselves while waiting for buses
General Negahm Impact to City and the Community
• Repeated use by these heavy vehicles is
causing pavement damage. The cost to repair
will be home by City taxpayers
• There is no direct economic benefit to City
(e.g., negligible business license revenue, no
sales tax)
Broken gutter and damaged pavement caused by butts.
Significant use of resources is required for law enforcement
Regulation Options for Commercial Tour and
Casino Bus Operations within San Gabriel
October 15, 2013
Page 4
In summary, there are many negative -- sometimes very serious — problems caused by the tour
buses and virtually no benefits to San Gabriel businesses, residents or the City.
Federal, State and Local Regulations
Before considering potential local regulation by the City of San Gabriel, it is important to note
that tour buses are already subject to several layers of state and federal regulation.
As part of the U.S. Department of Transportation, the Federal Motor Cartier Safetx
Administration (FMCSA) is the bus and truck safety agency for interstate travel The FNICSA
aims to reduce roadway injuries and fatalities involving buses by issuing and enforcing federal
driver and vehicle safety regulations that apply to commercial motor vehicles. The Caub i8
Public Utilities Commission (CPUC) licenses tour buses with a Class "A" Charter -Party Carrier
of Passengers Certificate, which operates from any point or points within the state to other
points in or out of the state, and may operate round -trip sightseeing services. While the CPUC is
in charge of issuing certificates, the California Highway Patrol (CHP) and the Department of
Motor Vehicles (DMV) also have regulations pertaining to bus operations. The CHP requires
that vehicles operating with a seating capacity of more than 10 persons must pass a Highway
Patrol inspection before any operating authority license by the Public Utilities Commission can
be granted.
These regulations do little to help reduce the negative impacts brought on by the tour buses. In
fact, federal and state laws often preempt the City's ability to apply strict regulations. For
example, per the CVC Section 35701(a), the City can't prohibit these buses from traveling along
city streets.
Local Regulation and Enforcement
All travel agencies that provide busing
services have a Classification '°I"'
business license for Motor Vehicle
Buses (per Section 110.67 (1E) of the
San Gabriel Municipal Code). There are
currently 44 travel agencies in the City.
Of these 44 businesses, 28 offer tour
bus services and have this license
classification. These businesses have a
physical office located within the City
and have a City business license.
Business licenses do not provide it
mechanism for imposing regulations on
how the buses are operated and so do
nothing to minimize the negative
impacts of the tour bus operations.
San Gabriel and Monterey Park officers observe CHP inspections.
The San Gabriel Police Department has been working closely with CPUC Officers and CHP in
receiving the basic tools to help enforce tour bus violations, including special inspection of
commercial vehicles for brakes, loose cables, reflectors, and overall safety of the vehicle.
Regulation Options for Commercial Tour and
Casino Bus Operations within San Gabriel
October 15, 2013
Page 5
Most recently, CHP, City of Monterey Park, and San Gabriel officers worked closely as CHP
conducted special enforcement and inspections of commercial vehicles in San Gabriel and cited
several bus operators for failure to pass safety inspections and lack of proper licensing. Several
of these bus operators are careless and negligent Some buses were in such poor condition (e.g.,
non - functioning brakes and bad tires) that they were forced to cease operations.
Continued enforcement at this level would be beneficial to the City. However, this requires CHP
resources and the state does not have sufficient funding to conduct on -going and regular
inspections and enforcement San Gabriel Police Department would require specialized training
to be able to perform such enforcement. This training is currently not offered to agencies other
Than CHP.
What Other Cities are Doing
Other nearby cities with tour bus operations include Rosemead, Temple City and Monterey
Park. All of these cities have oversize vehicle ordinances that prohibit buses on residential
streets. These cities report success in enforcing their ordinances, but it must be noted that state
law specifically exempts tour buses from such local restrictions (CVC 35701(a)).
Staff also met with the engineering staff at the City of Monterey Park and discussed their
experiences with tour bus operations and the ordinances that the city adopted related to tour
buses. Prior to the adoption of the ordinances, they experienc
including staging of buses on public streets, improper disposal
of trash, and traffic congestion. In 2005, the Monterey Park
City Council adopted ordinances that do the following:
• Allow for establishment of designated tour bus
loading /unloading zones;
• Restrict the time buses may idle engines;
• Allow for issuance of parking citations for
noncompliance;
• Require business licenses for all bus operators using
loading zones, regardless of the location of their
offices;
• Require bus operators to collect &properly dispose of
trash. E"rnple of bus loading zone sign in
Monterey Park city-owned lot.
Since the adoption of the ordinance, they have seen a decrease in complaints related to tour bus
operations and the operators have improved relationships with the business community. Bus
operators have established agreements with several businesses to use their parking lots for
loading and unloading of passengers and proper signs have been posted on those lots. It is
notable that currently there are no designated on- street loading/unloading zone in Monterey
Park and the City has no immediate plans to establish such zones.
Goal and Strategies Considered
The goal of this effort is to minimize the negative impacts to the community caused by buses. In
reviewing this issue, the staff committee discussed several potential actions to address the
Regulation Options for Commercial Tour and
Casino Bus Operations within San Gabriel
October IS, 2013
Page 6
various problems associated with the tour bus operations in San Gabriel. These actions are
surnman>ed in the chart below, along with a discussion of the pros and cons of each. The
proposed strategy that staff believes will best achieve the goal is presented in the section
following the table.
Action
Pros
Coas
1. Ban all tour buses from stopping
- Eliminates conflicts between buses
- Will require new ordinance.
to load or unload passengers on city
and other motorists over on -street
-Requires installation of signs a all
streets.
( Recommended)
pairing
likely City entry points.
poi
- Frees up on- street parking for
businesses.
- Elimmates crowds of bus riders
from blocking business access.
- Will likely reduce amount of trash
discarded on sidewalks and streets.
2. Create a residential parking permit
- Frees up parking for residents and
program
their guests
(Recommended for further study)
- Eliminates problem of blocked
trash cams not being picked up
- Reduces the amount of trash
discarded in residential
neighborhoods.
3. Increase outreach to educate
- No new ordinances required.
- Action by some businesses will
business owners on how to a*
Currently being done when
likely just push bus customers to
puking lots and work with PD to
complaints received.
park in other businesses or nearby
have unauthorized vehicles towed.
_Addresses issue of lost parking for
neighborhoods.
(Recommended)
local businesses.
- Consistent enforcement may
discourage buses from using San
Gabriel.
4. Increase enforcement of vehicle
- Demonstrates that City is
- Requires additional police
codes on buses (e.g., driver records,
concerned about bus safety.
resources and coordination with
weight, brake checks, etc.).
- May result in safer conditions for
California Highway Patrol and
(Recommended, but lacks
bus passengers rgcrs and general public.
CPUC.
funding and proper training)
- Specialized training is not available
to agenaes other than CHP.
5. Require bus operators to collect &
- May reduce trash discarded by - Will nor prevent riders from
dispose of trash.
riders after leaving bus. discarding trash while waiting to
(Recommended staff monitor for
- Busses in San Gabriel already boarding bus
possible future action)
appear to comply due to the
ordinance in Monterey Park (same
buses)
6. Construct City parking lot or
- Controls where buses operate.
- Very high cost.
structure that buses and their
Keeps parking off residential streets.
_ No funding available.
passengers could use.
- Consistent with Valley Blvd
(Recommended, but lacks
Sustainabjhty Place Aheady included
funding at this time
Regulation Options for Commercial Tour and
Casino Bus Operations within Son Gabriel
October 15, 2013
Page 7
6 cnatumed...
in the CIP (unfunded).
- Easier to monitor and regulate all
roar buses.
7. Ban tote burs from traveling on
- Keeps commercial buses off
- Prohibited by CVC 35701(a) as
certain residential streets
streets that were not designed to
well as Municipal Code Section
(Not legal)
handle large vehicles.
71.21 (B)
8. Create designated on- street
- Controls where buses operate.
-May be diffiadt to identify
loading zones and install puking
locations that are acceptable to
stall markings along length of Valley
adjacent businesses.
Boulevard to presume whore large
-No city funds available or budgeted
vehicles can stop.
(Not Recommended)
for installation or maintenance of
concrete bus pads and trash
receptacles.
9. Paint red curb/no paddng on
- Low cost.
-Not systematic solution.
case -by -case basis when complaints
received.
- Alleviates problem at specific
- Pushes the problem down the
(Not recommended)
I locations.
street.
- Creates maintenance problem.
-Takes puking away from
businesses.
Proposed Strategy for San Gabriel
The range of problems is so broad that no single strategy can resolve them all, Additionally,
many of the problems are beyond the City's ability to controL Therefore, a two- pronged
approach is proposed to reduce the most significant impacts that are within the City's ability to
regulate and fund at this time.
Recommended Action # 1: Adopt Ordinance Probibitrng On- Street Bms I4adrng and UsIm&ng
Based on the review of the tour bus operations taking place in San Gabriel and the review of
how other cities have addressed the problems, staff recommends enacting an ordinance that
would prohibit commercial tour and casino buses from using public streets to load and unload
passengers. This wound prevent riders from blocking access to businesses, reduce the amount of
trash discarded on sidewalks and streets, improve traffic safety by improving sight distance at
driveways, restore on- street parking for business patrons and prevent conflicts between buses
and other vehicles using on- street puking spaces.
This ordinance would be closely modeled after the successful ordinance adopted by Monterey
Park in 2005. The ordinance would not prohibit buses from driving on city streets (as this is not
legal under state law), but it would prevent them from using these streets to pick up and drop
off passengers.
Staff predicts that many bus operators will make arrangements with private property owners to
use their lots to park buses for loading and a few operators may choose to move their stops to
other cities. Partnerships between bus operators and private property owners would result in
improved pedestrian safety and also provide for safer loading /unloading of passengers.
Regulation Options for Commercial Tour and
Casino Bus Operations within Son Gabrid
October 15, 2013
Page 8
With Council direction, staff would draft the ordinance for consideration at a City Council
meeting in January 2014.
Rtcommended Action #2 — Fxplan Option fora Rendential Parking Permit Pmg wn
The Engineering Division routinely receives requests to install time- limited parking signs in
residential areas that arc impacted by packing for adjacent businesses or schools. Where these
limits (typically two hours) have been installed, they are often followed by complaints from
residents who have been cited for violating the time limit Currently, it is not possible to exempt
residents from the time - limited parking restrictions. Some cities have residential parking permit
programs that allow residents to park for longer time periods than non - residents. For example, a
resident with a permit displayed in their car could park all day while an unpermitted car could
only park for a maximum of two hours. Such a program in San Gabriel would be beneficial in
areas currently used by tour bus patrons, as well as neighborhoods adjacent to the two high
schools, the hospital, and business districts along Las Tunas Drive, San Gabriel Boulevard and
Valley Boulevard.
A Study Session on citywide parking issues and policies is scheduled for January 7, 2014. Staff
proposes to conduct research and prepare a recommendation on parking permit options
including alternatives and costs for implementation for Council consideration at the upcoming
Study Session.
Fiscal and Staff Resource Impacts
There would be a cost for purchasing and installing signs and pavement markings if the City
Council adopts an ordinance restricting buses from on- street passenger loading and unloading or
for a residential parking permit program. Enforcement of these measures will also require
additional effort by traffic officers. If Council elects to move forward with the proposed
strategy, staff will prepare a detailed cost estimate for Council consideration.
:_ • �� a .u.l� ,_ �
Staff recommends that Council direct staff to:
Prepare an ordinance for consideration that will restrict tour and casino buses from
stopping to load or unload passengers on City streets, including a cost estimate for
implementing and enforcing the ordinance;
2. Prepare information and a recommendation regarding creating a residential parking
permit program that would reduce or eliminate non - resident parking on streets currently
impacted by tour buses. This information would be presented as a part of the citywide
parking policy Study Session scheduled for January 7, 2014.
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