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CC - Item 6A - Possible Amendments to Rosemead Municipal Code Section 10.24 Regarding Private Bus OperationsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM JEFF ALLRED, CITY MANAGER DATE: AUGUST 12, 2014 SUBJECT: POSSIBLE AMENDMENTS TO ROSEMEAD MUNICIPAL CODE SECTION 10.24 REGARDING PRIVATE BUS OPERATIONS SUMMARY Following discussion by the Traffic Commission and City Council at multiple public meetings, Ordinance No. 941, was approved after second reading to mitigate adverse impacts on City streets created by private buses. After implementing the new private bus regulations, the City has received positive feedback from the public regarding a reduction in private bus traffic and their related operational issues (i.e. litter, traffic and safety concerns, and parking problems). However, the City has also received some feedback from some local businesses related to the unintended consequences created by the new regulations. Namely, some local businesses (restaurants and gift shops) that derive sales from tour bus patrons have expressed concerns regarding reduced business activity. In order to minimize some of these unintended consequences, the City is exploring ways to amend the ordinance that could help these local businesses. Potential modifications to Ordinance No. 941 could include provisions to allow private buses to stop on City streets during certain late afternoon and evening hours if the bus operator can produce a specific appointment itinerary and passenger roster to patronize specific businesses (i.e., restaurants, gift shops). Staff Recommendation It is recommended that the City Council review and provide direction on this matter. BACKGROUND /DISCUSSION Earlier this year, the City began to explore alternatives relative to private bus operations and loading zones in the community. This review was conducted in response to resident and business concerns with private bus operations, including bus patron littering, pedestrian /vehicle safety concerns, bus traffic on residential streets, and insufficient parking availability for bus patrons. Due to prohibitive restrictions implemented in neighboring communities, private buses were increasingly using Rosemead's major vehicular 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 transported passengers to a ITEM NO. Sy. City Council Meeting August12, 2014 Page 2 of 3 variety of locations, including casinos through Southern California and Nevada. In addition to trips to casinos, private buses have been used by tour and travel groups to transport tourists into Rosemead and throughout the region. As private bus transportation has become increasingly popular, several adverse impacts began to surface along City streets and right -of -way areas. These problems include litter and trash adjacent to private bus loading /unloading locations, private bus traffic on residential streets, and parking impacts as bus patrons often park on nearby residential streets or adjacent to businesses reducing parking availability to the community. Additionally, during field observations, passengers have been observed jaywalking to reach bus loading zone locations — creating traffic and pedestrian safety concerns and "near- miss" accidents. Ordinance No. 941 Review of this issue included discussion at multiple publicly noticed meetings of the Traffic Commission and the City Council. Based on review and input received from the community, an Ordinance was drafted to create regulations for the operation and parking of private buses in the community in a manner similar to neighboring communities. On June 10`", the City Council conducted a second reading of Ordinance No. 941, approving new regulations related to private bus operations. These regulations were designed to coincide with existing state regulations for private bus found in the California Public Utilities Code. Specifically, Ordinance No. 941 allows private buses to use local roads for transport purposes but prohibits stopping on local streets to load passengers (with three specific exceptions — in emergency situations, while loading /unloading hotel guests, and in conjunction with cultural or entertainment events). Instead, under Ordinance No. 941, private bus operators are required to establish their own arrangements with private property owners for parking and loading /unloading passengers off of public streets. Feedback Regarding Ordinance To date, the City has received mostly a positive response from the community regarding the new private bus regulations. We have seen a noticeable drop in private buses along City streets, resulting in fewer reported traffic safety "near- misses ", reduced litter, and improved parking in many areas. However, some concerns have been relayed to the City regarding the unitendended consequences associated with the new Ordinance. Many private buses are used by local tour /travel groups to transport tourists throughout the region. Some of these tour groups patronize local businesses in town including restaurants and gift shops, particularly during the evening or dinner hours. In discussing these issues with local business operators and the Rosemed Chamber of Commerce, the following alternatives are being explored to reduce any impacts on their operations. These alternatives include: City Council Meeting Augustl2,2014 Pane 3 of 3 Modifying Restriction Hours: Based on a survey of local businesses (gift shops, restaurants), it appears that peak activity occurs during late afternoon and evening hours. Existing regulations could be relaxed to allow for parking and loading /unloading during this time period on a daily basis to enable business activity. For example, the ordinance could be amended to allow private buses to park on City streets only during the hours of 4 p.m. until 10 p.m. Allowing Stops for Buses with an Itinerary/Roster: Most tourist operations require a specific bus itinerary with designated stops (restaurants, shopping, etc.) as well as a passenger roster. Existing regulations could be modified to allow private bus operators to stop on City streets during designated hours (e.g., 4 p.m. to 10 p.m.) only if they fit into this tourist category. Under these conditions, a City parking enforcement officer would be empowered to require the bus operator to produce the required travel itinerary and passenger roster for that particular day and time. In addition, private buses that are stopped or parked on City streets during the approximate time periods would not be allowed to load any new passengers other than those on its roster. "No Bus Stopping" Zones or "Bus Stopping Allowed" Zones in Specific Locations: There are some commercial corridor areas where bus operations are not feasible. Conversely, there are a few locations in the City where private buses could be allowed to stop without adverse impacts. Existing regulations could be modified to allow the Director of Public Works to establish a "No Bus Stopping Zone' by posting signs, which would prohibit all bus activity in a particular location regardless of the time of day. Likewise, in rare instances, signs could be posted in a location to allow buses to stop. At the City Council's discretion, these alternatives could be added to the existing provisions found in Ordinance No. 941. Potentially, these modifications could help ease any unintended impacts on local businesses. It is thought that these changes would also help preserve many of the existing restrictions that are currently in place and working well. ENVIRONMENTAL REVIEW This ordinance 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. Attachment — Ordinance No. 941 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 1024.010 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 Operafion 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. 'Pads' 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. Section 10.24.060 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 10'" DAY OF JUNE, 2014. ATTEST: a U,l ICA Gloria Molleda, City Clerk William Alarcon Mayor APPROVE AS TO F RM: n 1 4 '�L , 14m) Rachel Richman, City Attorney STATE OF CALIFORNIA 1 COUNTY OF LOS ANGELES ) SS. CITY OF ROSEMEAD ) I, Gloria Molleda, City Clerk of the City of Rosemead, do hereby certify that the foregoing Ordinance No. 941 being: AN ORDINANCE OF THE CITY COUNCIL OF ROSEMEAD AMENDING CHAPTER 10 OF THE ROSEMEAD MUNCIPAL CODE RELATING TO REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES was duly and regularly approved and adopted by the Rosemead City Council on the 100^ of June, 2014, by thefollovring vote to wit: Yes,Annenta, Clark, Hall, Low, No: None Abstain: None Absent: Alarcon Gbda Molleda City Clerk ROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: JUNE 10, 2014 SUBJECT: ORDINANCE NO. 941— SECOND READINGS: REGULATIONS FOR THE OPERATION AND PARKING OF PRIVATE BUSES — ROSEMEAD MUNICIPAL CODE SECTION 10.24 SUMMARY On May 27, 2014, the City Council introduced Ordinance No. 941, adopting the regulations for the operation and parking of private buses — municipal code section 10.24. Ordinance No. 941 is now before Council at the required second reading for adoption. Staff Recommendation Staff requests that City Council ADOPT Ordinance No. 941 at its second reading. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. - PPrrepparreed by: 1�)L..o11lS_I LOI IACPL DE A CITY CLERK Attachment A— Ordinance No. 941 IT MNUMSER: HE_