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CC - Item No. 4A - Regulations for the Operation and Parking of Private Buses - Municipal Code Section 10.24ROSEMEAD CITY COUNCIL STAFF REPORT TO THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGE4 DATE: MAY 27. 2014 // SUBJECT: REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES — ROSEMEAD MUNICIPAL CODE SECTION 10.24 SUMMARY Over the last several months the City has begun to explore alternatives relative to private bus operations and loading zones in the community. Some of the problems associated with private bus operations include bus patron littering, pedestrian /vehicle safety concerns adjacent to bus stops, bus traffic on residential streets, and insufficient parking availability for bus patrons. Recently, these problems have worsened following the adoption of private bus regulations in neighboring cities (San Gabriel, Monterey Park). As a result, major corridors in Rosemead have seen steep increases in private bus traffic and loading zone locations. After reviewing this issue at two (2) public meetings, the Traffic Commission concurred with the need to regulate private bus operations and loading areas on City streets. The Commission also suggested that any new guidelines include provisions to allow private bus operations to continue on private property /parking lots, subject to the consent of private property owners and businesses. Based on the Commission's comments and public input, the attached ordinance was drafted for the City's Council's consideration. Staff Recommendation It is recommended that the City Council introduce Ordinance No. 941, adding Section 10.24 of the Rosemead Municipal Code relating to regulations for the operation and parking of private buses. DISCUSSION In response to concerns from residents and businesses, the City's Traffic Commission initiated efforts review private bus operations and loading zones in the community. Private buses primarily use major corridors (Valley Boulevard, Garvey Avenue, San Gabriel Boulevard, Del Mar Avenue) to serve as loading /unloading locations for passengers. In reviewing private bus operator schedules, the buses transport passengers to a variety of locations, including local casinos, Las Vegas, northern California, and Arizona, among others. ff'BMNO. "IN City Council Meeting May 27, 2014 Page 2 of 4 As private bus transportation has become increasingly popular, several unintended consequences have surfaced along the City's streets and public rights -of -way. These problems include additional litter and trash adjacent to private bus loading zone locations, private bus traffic on residential streets, and parking impacts, as bus passengers will often park on nearby residential streets or adjacent to businesses — reducing available parking availability. Additionally, during field observations, passengers have been observed jaywalking to reach loading zone locations — creating traffic and pedestrian safety concerns and "near -miss' accidents. 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. • 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 passenger activities (littering, parking violations) during pickup times. Proposed Ordinance Most private buses operate under statewide guidelines found in the Califronia Public Utilities Code. These guidelines include provisions for safe vehicle operations, equipment maintenance, and driver safety, among others. In addition, the California Vehicle Code (CVC) provides that the control of traffic is a statewide affair, prohibiting the City's ability to restrict private bus travel on City streets. However, the CVC does allow cities to prohibit or restrict the stopping or standing of vehicles on City streets. As proposed, the attached ordinance would follow these guidelines. Private buses would be allowed to use local roads for travel purposes but would not be allowed to stop on local streets to load and unload passengers. Instead, private bus opeartors would be required to establish their own arrangements with private property owners for parking and establishing passenger loading zones. City Council Meeting May 27, 2014 Traffic Commission Review and Input The Traffic Commission reviewed this issue and took public input from the community at two (2) public meetings. In reviewing the private bus regulations adopted in neighboring cities (San Gabriel, Monterey Park), the Traffic Commission identified the following key elements to include relative to private bus opeartions: • Restrict the locations on public streets where private buses can load /unload passengers or require that private bus operators use private property or parking lots for bus operations and loading (subject to the consent of property owners and tenants). • Require private bus operators to register with the City and obtain business licenses; and • Require private bus operators to collect and dispose of litter /trash resulting from their operations. These elements have been included in the proposed ordinance attached to this report. Implementation of Proposed Regulations If the proposed ordinance is adopted by the Council, the planned implementation of the new regulations would occur as follows: Council Review /Adoption: May 27, 2014 2 ntl Reading of Ordinance: June 10, 2014 Enforcement of Ordinance: July 10, 2014 FINANCIAL REVIEW Violations of this proposed ordinance would be subject to fines included in the City's Comprehensive Fee Schedule. As proposed, the first violation would incur an administration citation of $500 with subsequent incidences increasing to $1,000. Violations could also be subject to fines established per the California Vehicle Code. ENVIRONMENTAL REVIEW This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (C) of the CEQA Implementing Guidelines. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. In addition, notification postcards were distributed to local private bus operators in Rosemead and nearby cities regarding the City Council's review of this issue. City Council Meeting May 27, 2014 Pane 4 of 4 Submitted� By. Chris Marcarello Director of Public Works Attachments. 1. Ordinance No. 941 2. Traffic Commission Minutes —April 3, 2014 3. Meeting Notification ORDINANCE NO. 941 AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING CHAPTER 10 OF THE ROSEMEAD MUNICIPAL CODE RELATING TO REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES WHEREAS, buses, as defined by California Vehicle Code Section 233, carrying passengers for consideration or compensation and subject to license for such use by the Public Utilities Code have been observed stopping or parking in the City of Rosemead (City) on public streets to load, unload or wait for passengers; and WHEREAS, operators of private buses have from time to time been observed parking in a manner that obstructs access to and from businesses, occupying multiple on- street parking spaces or public transit bus zones, impairing sight distance for other motorists and pedestrians, and idling engines for significant periods of time; and WHEREAS, the operation of private buses in this manner creates unnecessary traffic congestion, impairs traffic safety, creates noise and air pollution, and otherwise negatively impacts the welfare of nearby businesses and residences; and WHEREAS, the City now desires to regulate the parking of private buses in order to promote the health, safety, and welfare of its residents and visitors to the City; and WHEREAS, the City's Traffic Commission completed two (2) public review meetings on December 5, 2013 and April 3, 2014 to discuss the operation of private buses and recommendations to help improve traffic safety relative to private bus operations; and WHEREAS, California Vehicle Code Section 21112 authorizes cities to regulate the location of stands on streets for use by public vehicles for hire; and WHEREAS, California Vehicle Code Section 22507(a) authorizes cities to restrict the stopping or standing of vehicles on certain streets, or portions of streets; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Rosemead hereby adds new Chapter 10.24 to the City of Rosemead Municipal Code to read as follows: Chapter 10.24 — REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES 10.24.010 Definitions 10.24.020 Parking in Off - Street Private Parking Facilities 10.24.030 Parking and Operating Vehicles on Private Property 12.24.040 Permission to Load and Unload 12.24.050 Public Transit Bus Zones 12.24.060 Operation of Private Buses on Public Streets 12.24.070 License 12.24.080 Signage 10.24.010 Definitions As used in this chapter: "Curb" means the lateral boundary of the roadway, whether such curb shall be constructed with curbing or be edge of pavement if not constructed with curbing. "Loading Zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. "Park" means to stand or leave standing any vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading of passengers or materials. 'Passenger Loading Zone' means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. "Pedestrian" means any person afoot. 'Private Bus' means any bus, as defined by in the California Vehicle Code, used or maintained by or for a charter party carrier of passengers for compensation or profit, a passenger stage corporation, or any highway carrier of passengers required to register with the California Public Utilities Commission. 'Public Transit Bus' means any bus owned or operated by a publicly owned or operated transit system, or operated under contract with a publicly with a publicly owned or operated transit system, and used to provide to the general public, regularly scheduled transportation for which a fare is charged. "Stop or Stand" means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device. "Vehicle Code" means the California Vehicle Code. 10.24.020 Parking in Off - Street Private Parking Facilities When an appropriate sign is in place on any off - street private parking facility giving notice that such property is private property and limited to use as vehicle parking for customers, patients, clients, or other patrons of such named owner, it shall be unlawful for any person other than a customer, patient, client or patron of such owner to park a vehicle in the off - street private parking facility. 10.24.030 Parking and Operating Vehicles on Private Property A. No person shall operate or drive or leave any vehicle in, over or upon any private property without the express or implied permission of the owner thereof, or the person entitled to the possession thereof, for the time being, or the authorized agent of either, except that the provisions of this section shall not apply to private parking lots. B. Operators of private buses using private property to park, load or unload passengers shall first obtain a City business license in accordance with Chapter 5.04 of this code, and provide documentation to the City that the owner and tenants thereof approve of such use of the property. 10.24.040 Permission to Load or Unload A. Permission granted by the provisions of this chapter to stop or stand a vehicle for purposes of loading or unloading materials shall apply only to commercial vehicles, except private buses, and shall not extend beyond the time necessary therefore, and in no event for more than twenty minutes. B. The loading or unloading of materials shall apply only to commercial deliveries and to the delivery or pickup of express and parcel post packages and United States mail. C. Permission granted by the provisions of the chapter to stop or park for purposes of loading or unloading of personal baggage but shall not extend beyond the time necessary therefor, and in no event for more than three minutes. D. Within the total time limits specified by the provisions of this section, the provisions of this section shall be enforced so as to accommodate necessary and reasonable loading or unloading but without permitting abuse of the privileges granted by the provisions of this section. E. Private buses are expressly prohibited from stopping, standing, parking, loading, or unloading passengers on all public streets or rights -of -way except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device or as otherwise excepted in this code. 10.24.050 Public Transit Bus Zones A. The Public Works Director is hereby authorized to establish bus zones adjacent to curb space for the loading and unloading of public transit buses and to determine the location thereof. B. Public Transit Bus zones shall normally be established on the far side of an intersection. 10.24.060 Operation of Private Buses on Public Streets A. Private buses shall only be operated on public streets for ingress to, egress from, and traveling through the City. B. Private buses shall be prohibited from stopping or standing adjacent to curbs or any other part of the public right -of -way within the City for any purpose including loading and unloading passengers with the following exceptions: a. Emergencies. b. For the purpose of loading and unloading passengers at hotels and motels where bus passengers are registered guests. c. Transporting passengers to and from specific cultural or entertainment events with the City. C. The regulations imposed by this section shall not be effective until such time as signs giving notice of such restrictions are conspicuously posted on streets at the entrances to the City. D. Private bus operators violating this section shall be subject to a fine as set forth in the City of Rosemead Comprehensive Fee Schedule as adopted by the City Council, and amended from time to time by resolution. Section10.24.060 License All Private Bus operators who load and unload passengers in the City shall have a business license issued by the City in accordance with Chapter 5.04 of this code. Section 10.24.070 Signage The Public Works Director is authorized to post conspicuous signs giving notice of the restrictions on using public streets by private buses. PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS 27 DAY OF MAY, 2014. MAYOR CITY OF ROSEMEAD ATTEST: CITY CLERK CITY OF ROSEMEAD Meeting Minutes for the ROSEMEAD TRAFFIC COMMISSION April 3, 2014 The regular meeting of the Rosemead Traffic Commission was called to order by Chair Hall at 7:03 p.m. in the Council Chamber, 6838 E. Valley Boulevard, Rosemead, California. FLAG SALUTE: Chair Russell- Chavez INVOCATION: Vice Chair Masuda PRESENT: Chair Russell- Chavez, Vice Chair Masuda, Commissioner Quintanilla and Ornelas ABSENT: None STAFF PRESENT: Public Works Director Marcarello, Management Analyst Sullivan, Administrative Assistant Llamas 1. PUBLIC COMMENT FROM THE AUDIENCE NONE 2. CONSENT CALENDAR Commissioner Quintanilla motioned, seconded by Vice Chair Masuda to approve Item A (February 6, 2014 Minutes) on the Consent Calendar as presented. Votes resulted in: Yes: Quintanilla, Masuda, Russell- Chavez, Ornelas No: None Abstain: None Absent: None Item 8 (Review of Traffic Conditions at Hellman Avenue and Brighton Street) was removed from the Consent Calendar for further review. Staff provided the Traffic Commission with a brief description about the location, along with suggestions that may be used in order to improve traffic safety in this vicinity. Margaret Halt, 7902 Artson discussed her concerns regarding this intersection. Ricky Harlen, 7908 Artson, discussed his difficulties with accessing Hellman Avenue from Brighton Street. Chair Russell- Chavez asked if installing Flashing beacons and a stop sign would be appropriate at the location. Commissioner Quintanilla asked if a crosswalk would be appropriate at this location. Commissioner Ornelas commented that he did not feel a stop sign was appropriate at this location because it may backup traffic on Hellman Avenue during peak hour travel times. Rosemead Traffic Commission Meeting Meeting Minutes of April 3, 2014 Page 1 of 4 Chair Masuda concurred with Commissioner Ornelas' comments and discussed the option of installing a crosswalk at the location with several signs and striping to make drivers aware that pedestrians may be crossing ahead. Staff discussed Hellman Avenue and commented on the problems with unprotected crosswalks on a busy collector street. The location was further discussed including its proximity to Del Mar Avenue, which is a traffic- controlled intersection with crosswalks. Based on these issues, it was suggested that pedestrian warning signs, striping enhancements, and perhaps increasing the length of red curb at Brighton Street would help improve conditions. Chair Russell- Chavez recommended that flashing lights be installed on signage in both directions in order to encourage drivers to slow down. Staff recommended that a striping and signage plan be prepared for the area and that an update would be provided to the Commission at an upcoming meeting. Vice Chair Masuda also suggested that staff include a pedestrian crossing warning sign at the location. 3. NEW BUSINESS A. "SMART' STREETS PRESENTATION Staff provided the Traffic Commissioners with an overview of this topic, along with the introduction of Sal Lopez from Evan Brooks Associates. Mr. Lopez presented the Traffic Commission with a Power Point presentation on SMART (Safe Mobility And Reliable Transportation) Streets along with a video from the City of Baldwin Park describing their policy. Chair Russell- Chavez asked staff if there are plans in using "SMART" Streets throughout the City in the future. Staff informed the Commissioners that this item was included as a work plan item for the Traffic Commission and included in the City's recently adopted Strategic Plan. SMART streets would be encouraged on a case -by -case basis in order to encourage additional multi -modal transportation opportunities in the community. Chair Russell- Chavez expressed her support for the policy and the presentation. Vice Chairman Masuda recommended that bicycle safety be included as a key component of any policy, Rosemead Resident, Brian Lewin expressed support for the policy — especially regarding pedestrian and bicycle safety. Mr. Lewin further commented on neighboring cities plans such as Temple City and asked for some clarification on some of the policy elements. Rosemead Traffic Commission Meeting Meeting Minutes of April 3, 2014 Page 2 of 4 Chair Russell- Chavez would like the policy to encourage people to walk and use their bicycles more. Mr, Lopez thanked the Commission for its comments and will look forward to discussing this policy further at upcoming Commission meetings. B. DISCUSSION REGARDING COMMERCIAL TOUR BUS AND CASINO BUS OPERATIONS WITHIN ROSEMEAD Rosemead Resident, Brian Lewin requested that the City require all tour and casino buses to pass a safety inspection on an annual basis. He further required that bus operators should be required to provide driving records prior to allowing buses to operate in the City. He indicated that 3rd party inspections could be completed through a permitting process and be paid by applicants. Rosemead Resident, Nancy Eng expressed her support for adding guidelines relative to bus operations. Ms. Eng indicated that her main concern is safety. In her experience, buses will often park on residential streets causing major visibility issues and safety concerns. She recommends adding designated bus locations with day time limited parking for passengers. She further discussed specific locations that could be used as staging areas for buses, including vacant lots and the Rosemead Beauty School Parking Lot/ former Barr Lumber parking lot. Chair Russell- Chavez expressed her support of Mr. Lewin and Ms. Eng's suggestions and recommendations. Staff provided the Traffic Commissioners with a brief description on this topic, along with proposed guidelines on what the City can and can't regulate relative to private bus operations, Staff also informed the Commission that the City began installation of signage throughout the City prohibiting buses from parking at certain locations and driving on residential streets. Staff indicated that most buses operate under State guidelines, limiting the ability of cities to require vehicle inspections and additional operating reports. The key to this issue is to identify potential locations where buses can operate, and directing them to private property locations where they won't impact the community, Chair Russell- Chavez suggested that a list of designated locations be developed where buses can park and load /unload passengers. She has also recommended in working cooperatively with the bus companies and casinos to come up with an agreement that will increase safety, but also allow buses to continue their operations. Commissioner Quintanilla expressed his support for developing designated parking locations for buses. 4. STAFF REPORT Staff updated the Traffic Commissioners on current projects and events throughout the City. 5. COMMISSIONER REPORTS Commissioner Ornelas requested that staff can replace the street signage in front of the UFC gym for east bound traffic. Mr. Cirri also asked staff to look at the stop sign at the intersection of Walnut Grove Avenue and Grand Avenue in order to make it more noticeable. Rosemead Traffic Commission Meeting Meeting Minutes of April 3. 2014 Page 3 of 4 Vice Chair Masuda asked for an update on the installation of the speed limit signs and marking on Mission Drive between Rosemead Boulevard and Encinita Avenue. He also asked if staff can install another speed limit sign half way on Grand Avenue east of Walnut Grove because it's a long stretch. Commissioner Quinlanilla informed staff that one of the signal lights at the intersection of Valley Boulevard and Temple City needs to be fixed. Chair Russell- Chavez asked staff if they can have a sign installed on San Gabriel Boulevard north of Garvey Avenue prohibiting buses from parking between the shopping center and Jack in the Box, Mrs. Russell- Chavez would also like to request the installation of a red curb on the west north corner of Angelus and Rush Street due to safety and visibility concerns. She would also like to ask staff can also talk to the Monterey Park Water Department officials and ask if they can reroute their main entrance to San Gabriel Boulevard from residential streets. 6. ADJOURNMENT The meeting adjoumed at 8:52 p.m. The next Traffic Commission meeting is scheduled for June 5, 2014 at 7:00p.m., and in the City Council Chamber at City Hall, located at 8838 East Valley Boulevard. Joanne Russell. Chavez Chair ATTEST: Chris Marcarello Public Works Director Rosemead Traffic Commission Meeting Meeting Minutes of Apnl 3, 2014 Page 4 of 4 City of Rosemead TRAFFIC CONCERN NOTIFICATION The City of Rosemead City Council will be reviewing proposed regulations for the operation and parking of private buses. Recently, residents and businesses have expressed concerns relative to bus operations and loading zones in the community. These concerns include pedestrian /vehicle safety issues, parking impacts associated with bus passengers, and litter adjacent to private bus loading zone locations. As proposed, private buses would be restricted from loading /unloading passengers on public streets in Rosemead. Instead, private bus operators would be required to establish their own arrangements with private property owners for parking and establishing passenger loading zones in Rosemead. You are being notified because you are registered with the California Public Utilities Commission (CPUC) as a private bus operator within close proximity of the City of Rosemead. Your contact information was obtained from a public database provided the CPUC. If you wish to comment on this issue, you are invited to attend the City Council's next meeting on May 27, 2014 at 7 PM in the Rosemead City Hall City Council Chambers, 8878 East Valley Blvd., Rosemead, CA 91770. If you are unable to attend the meeting, you may send a letter with your comments directly to City Hall, attention Chris Marcarello, Director of Public Works. You may also fax or email your comments to City Hall at (626) 307 -9218 or cmarcarelloCl citvofrosemead.ora We appreciate your concern for traffic safety in the City of Rosemead. Should you have any questions regarding this notification, please contact us at (626) 569 -2150. For information please call: Para obtener m g a n s i favor de Ilamar al: 19cJ tf: nY�Sr n�X�l �.: De biet them chi ti An An goi: 626 -569 -2150