CC - Item 4C - 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: SEPTEMBER 9, 2014
SUBJECT: POSSIBLE AMENDMENTS TO ROSEMEAD MUNCIPAL CODE
SECTION 10.24 REGARDING PRIVATE BUS OPERATIONS
SUMMARY
The City Council will discuss potential amendments to existing Rosemead Municipal
Code provisions that regulate the operations of private buses on City streets. Since
implementing the private bus regulations that became effective on July 10, 2014,
positive feedback has been received from the public regarding reduced private bus
traffic and related problems (i.e. displacement of available parking, litter, pedestrian and
vehicular traffic safety, etc.). However, the City has also received negative feedback
from some local businesses related to unintended consequences created by the new
regulations. Namely, some local businesses (restaurants and gift shops) that derive
sales from tour bus patrons have experienced reduced business activity. In order to
minimize these unintended consequences, staff has explored potential amendments to
the City's regulations to benefit local businesses.
The City Council discussed this matter at its August 12, 2014 meeting. Subsequently, a
member of the Council has requested the opportunity to again discuss these issues and
to review potential ordinance amendments that could be enacted to modify the current
regulations.
Staff Recommendation
It is recommended that the City Council consider and provide further direction on this
matter.
BACKGROUND /D I SC U S S I O N
Early in 2014, the City began to explore alternatives relative to problems created by
private bus operations. This review was conducted in response to resident and
business complaints that included patron littering adjacent to loading and unloading
areas, pedestrian and vehicle safety concerns, bus traffic on residential streets, and
parking space displacement on streets and in commercial parking lots.
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Through field observations, it was determined that private buses primarily accessed
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, buses bound for casinos tended to congregate on City streets
during the morning hours to transport passengers to a variety of Southern California
destinations as well as casinos in Nevada. Problems along City streets and right -of -way
areas included litter and trash adjacent to private bus loading zone locations, bus traffic
on residential streets, parking impacts on residential streets and in commercial parking
lots reducing parking availability for residents and shoppers. Also, bus patrons were
observed jaywalking to reach bus loading zone locations — creating traffic and
pedestrian safety concerns and "near -miss" accidents.
In addition, it was determined that a smaller number of private buses were used by tour
and travel agencies to transport tourists into Rosemead during the late afternoon and
evening dinner hours for the purpose of patronizing local restaurants and gift shops.
Review of these conditions included discussions at multiple publicly noticed meetings of
the Traffic Commission and City Council.
Ordinance No. 941
On June 10, 2014, the City Council conducted a second reading of Ordinance No. 941,
adopting regulations related to private bus operations. These regulations were
designed to coincide with ordinance in San Gabriel and Monterey Park as well as
private bus operational guidelines found in the California Public Utilities Code.
Specifically, Ordinance No. 941 allows private buses to utilize local non - residential
roads for transport purposes, but prohibits stopping on local streets to load and unload
passengers (with three specific exceptions — in emergency situations; while
loading /unloading hotel guests; and in conjunction with cultural or entertainment
events). Instead of stopping for loading and unloading of passengers on City streets,
Ordinance No. 941 requires private bus operators to establish their own arrangements
with private property owners for loading and unloading passengers.
Feedback Received Recardino Ordinance No 941
To date, the City has received mostly a positive response from the community regarding
the new private bus regulations. The community has seen a noticeable drop in private
buses along City streets, resulting in fewer reported traffic safety "near- misses ",
reduced litter, and improved parking availability along residential streets and in many
commercial parking lots.
However, some concerns have been relayed to the City regarding unitended
consequences associated with the new ordinance. Private tour buses are used by local
tour/travel agencies to transport tourists throughout the region. Some of these tour
buses patronize local businesses in town including restaurants, gift shops, and hotels.
In discussing and working with these gift shops and restaurants, the following
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alternatives have been explored to reduce any impacts on their operations. These
alternatives include:
• Modifying Restriction Hours: Based on discussions with local businesses (gift
shops, restaurants), it appears that peak tour bus activity occurs during the
evening hours. Existing regulations could be relaxed to allow loading and
unloading of passengers on City streets during the hours of 5 p.m. until 9 p.m. on
a daily basis to enable business activity.
Requiring Buses to Produce an Itinerary and Roster: Most tourist operations
require a specific bus itinerary with designated stops (restaurants, shopping, etc.)
as well as a passenger roster. The draft ordinance would modify existing
regulations to allow private bus operators to stop on City streets during
designated hours of 5 p.m. to 9 p.m. daily only if they fit into this tourist category.
Under these regulations, a City parking enforcement officer would be empowered
to require a private 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 subject time periods would not
be allowed to load new passengers other than those on its roster.
• "No Bus Stooping" Zones: There are some commercial corridor areas where bus
operations are not feasible at any time. Existing regulations could be modified to
allow the Director of Public Works to establish a "No Stopping Zone" by posting
signs which would prohibit all bus activity in a particular location regardless of the
time of day.
These potential amendments could be incorporated into Ordinance No. 941 to lessen
the negative impacts of the existing regulations on retail businesses and restaurants.
However, such amendments would also open a limited "window" of opportunity on a
daily basis for private buses to stop on public streets which could result in a resurgence
of some of the prior problems that gave rise to the current regulations.
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. NNN941
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 parry 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, tt 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
27" DAY OF MAY, 2014.
MAYOR
CITY OF ROSEMEAD
ATTEST:
CITY CLERK
CITY OF ROSEMEAD