CC - Item 4C - Modifications to Rosemead Municipal Code Section 10.24 Regarding Provate Bus OperationsROSEMEAD CITY COUNCIL
TO MAYOR AND CITY COUNCIL
FROM JEFF ALLRED, CITY MANAGER
DATE: SEPTEMBER 23, 2014
STAFF REPORT
SUBJECT: MODIFICATIONS TO ROSEMEAD MUNCIPAL CODE SECTION 10.24
REGARDING PRIVATE BUS OPERATIONS
SUMMARY
The City Council will consider introduction of an Ordinance to modify the existing
Rosemead Municipal Code provisions that regulate the operations of private buses on
City streets. Since implementing the bus regulations that became effective on July 10,
2014, positive feedback has been received from the public regarding improved traffic
conditions, more available parking, less litter, and improved pedestrian and vehicular
traffic safety. However, some negative feedback has also been received from local
businesses related to unintended consequences created by the bus regulations. Some
local businesses (i.e., restaurants and gift shops) that derive sales from tour bus
patrons coming into Rosemead have experienced reduced business activity. In order to
minimize these unintended consequences, while preserving the positive results of the
current regulations, on September 9" the City Council directed the preparation of an
ordinance to modify the existing regulations to allow private buses to load and unload
passengers on City streets only under the following limited conditions:
1. Private buses may stop on City streets to load and unload passengers only
between the hours of 5 p.m. until 10 p.m., and,
2. The bus operator must be able to produce an intinerary with specific business
appointments and a passenger roster for the specific date, time and locaton, and
3. No new passengers may board the bus while stopped on City streets.
In addition, two sections of Chapter 10.24 were labled 10.24.060. The proposed
Ordinance corrects the numbering to fix the typographical error. Following adoption of
the Ordinance, staff will report to the Council in six months as to how Chapter 10.24 is
working and whether any further changes are needed.
Staff Recommendation
It is recommended that the City Council introduce Ordinance No. 943.
ITEM NO. 4 C
City Council Meeting
September 23, 2014
BAC KGROUNDIDISCUSSION
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.
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 and 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 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 the 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: 1) in emergency situations; 2) while
loading /unloading hotel guests; and, 3) 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 Regarding 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 ",
City Council Meeting
September 23, 2014
Pace 3 of 4
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
tourist 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 local business operators, the following alternatives have
been explored to reduce any impacts on their operations. These alternatives include:
1. 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 10 p.m.
on a daily basis to enable business activity.
2. Reguiring 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 10 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.
3. Prohibiting Buses from Loading New Passengers on City Streets Private buses
that are stopped or parked on City streets during authorized time periods would
not be allowed to load new passengers other than those on its roster.
These potential amendments could 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.
Finally, the September 9, 2014 staff report to the City Council also proposed that the
Director of Public Works be empowered to designate "No Stopping Zones" for locations
that are not conducive to bus loading and unloading at any time. However, it has since
been determined that under State law, the designation of such No Stopping Zones
requires action by the City Council by ordinance or resolution. Such designations can
be brought back for City Council action on a case -by -case basis as necessary.
City Council Meeting
September 23, 2014
Page 4 of 4
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 — Proposed Ordinance No. 943
ORDINANCE NO. 943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ROSEMEAD
AMENDING SECTION 10.24.060 AND RENUMBERING SECTIONS OF
CHAPTER 10.24 OF THE ROSEMEAD MUNICIPAL CODE
REGARDING REGULATIONS FOR THE OPERATION AND PARKING
OF PRIVATE BUSES
WHEREAS, on June 10, 2014, the City Council adopted Ordinance No. 941
adding Chapter 10.24 to the Rosemead Municipal Code; and
WHEREAS, Chapter 10.24 was adopted to address safety, parking and general
public welfare concerns associated with private buses picking up and dropping off
passengers in the City of Rosemead; and
WHEREAS, since the implementation of Chapter 10.24 on July 10, 2014, the City
has found success in addressing the concerns that the City Council desired to address,
but has also found that some local businesses have been harmed by Chapter 10.24,
and
WHEREAS, at the City Council meeting of September 9, 2014, after hearing from
the public on Chapter 10.24 and discussing the matter, the City Council desires to
amend Chapter 10.24 in order to minimize some of its unintended consequences, while
preserving the positive results of the current regulations, and
WHEREAS, the section numbers on two subsections of Chapter 10.24 need to
be renumbered to correct the typographical error, 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 amends Section 10.24.060
of Chapter 10.24 to the City of Rosemead Municipal Code adding the language shown
in italics to read as follows:
"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.
d. Loading and unloading passengers during the limited hours of 5:00
p.m. to 10.00 p.m. provided that the names of all bus passengers are
on a travel itinerary and passenger roster which must be in the
possession of the private bus driver for that current day and time. In
no event may the bus pick up additional passengers in the City of
Rosemead. City law enforcement personnel are authorized to request
from the private bus driver the required travel itinerary and passenger
roster to ensure compliance with this exception.
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 2. The City Council of the City of Rosemead hereby amends Chapter 10.24 to
the City of Rosemead Municipal Code renumbering sections 10.24.060 License and
10.24.070 Signage to 10.24.070 and 10.24.080 as follows:
"10.24.070 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.
10.24.080 Signage.
The public works director is authorized to post conspicuous signs giving notice of the
restrictions on using public streets by private buses."
Section 3. If any section, subsection, sentence, clause or word of this ordinance is for
any reason held to be invalid by a court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council of
the City of Rosemead hereby declares that it would have passed and adopted this
Ordinance and each and all provisions thereof, irrespective of the fact that any one or
more of said provisions may be declared to be invalid.
Section 4. This Ordinance will take effect 30 days after its adoption.
Section 5. The City Clerk is directed to certify as to the adoption of this Ordinance and
cause this Ordinance to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED BY THE ROSEMEAD CITY COUNCIL THIS
23rd DAY OF SEPTEMBER, 2014.
WILLIAM ALARCON
MAYOR
CITY OF ROSEMEAD
ATTEST:
GLORIA MOLLEDA
CITY CLERK
CITY OF ROSEMEAD
APROVED AS TO FORM:
RACHEL RICHMAN
CITY ATTORNEY
CITY OF ROSEMEAD