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CC - Item 5B - Temple City Blvd Truck Route� 71 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: FRANK G. TRIPEPI, CITY MANAGE DATE: JUNE 22, 2000 SUBJECT: ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE DISCUSSION Pursuant to requests made by the City Council at the last meeting, verbatim minutes of the May 4, 2000 Traffic Commission meeting and copies of the ordinances for removal of truck routes from the City of Montebello and City of Chino, were forwarded to City Council on June 14, 2000. The following exhibits have been attached: A. Sections 1031 -1036 of the Public Utilities Codes regarding the regulation of passenger stage corporations. (At the last meeting, Councilmember Bruesch inquired about references made to these sections.) B. Section 35703 of the State of California 2000 Vehicle Code. .*1 C. City Council staff report from June 13, 2000 council meeting. D. Traffic Commission staff report from June 1, 2000 commission meeting. E. Audiocassette tapes for the Traffic Commission meetings for May 4 and June 1, 2000. JUN 2 7 2000 ITEM NO. WAIS Document Retrieval CALIFORNIA CODES PUBLIC UTILITIES CODE SECTION 1031 -1045 1031. No passenger stage corporation shall operate or cause to be operated any passenger stage over any public highway in this State without first having obtained from the commission a certificate declaring that public convenience and necessity require such operation, but no such certificate shall be required of any passenger stage corporation as to the fixed termini between which, or the route over which, it was actually operating in good faith on July 29, 1927, in compliance with the provisions of Chapter 213, Statutes of 1917, nor shall any such certificate be required of any person or corporation who on January 1, 1927, was operating, or during the calendar year 1926 had operated a seasonal service of not less than three consecutive months' duration, sight- seeing buses on a continuous sight- seeing trip with one terminus only. Any right, privilege, franchise, or permit held, owned, or obtained by any passenger stage corporation may be sold, assigned, leased, mortgaged, transferred, inherited, or otherwise encumbered as other property, only upon authorization by the commission. 1031.5. The commission shall not issue or authorize the transfer of any certificate under this article to any person, firm, or corporation or to any officer or director of the firm, corporation, or other entity against whom a final judgment has been entered and whose name has been transmitted to the commission pursuant to Section 3716.4 of the Labor Code, unless that judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States. 1032. (a) Every applicant for a certificate shall file in the office of the commission an application therefor in the form required by the commission. The applicant shall forward a copy of the application to each public transit operator operating in any portion of the territory sought to be served by the applicant. The commission may, with or without a hearing, issue the certificate as requested, or refuse to issue it, or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the certificate terms and conditions that, in its judgment, the public convenience and necessity require. (b) The commission may, after a hearing, issue a certificate to operate in a territory already served by a certificate holder under this part only when the existing passenger stage corporation or corporations serving the territory will not provide that service to the satisfaction of the commission. (c) Before issuing a certificate, the commission shall consider the effect of the applicant's proposed operations on the services, either provided directly or by contract, furnished by any public transit operator. 1032.1. (a) The commission shall not issue a certificate of public convenience and necessity pursuant to this article unless the applicant provides for a mandatory controlled substance and alcohol testing certification program as adopted by the commission. Page 1 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdocID= 367727951 +0 +01 " EX HIBIT "All WAIS Document Retrieval (b) The commission, after considering any suggestions made by the Department of the California Highway Patrol, shall adopt a program that includes, but need not be limited to, all of the following requirements: (1) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol at such other times as the commission, after consulting the Department of the California Highway Patrol, shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. (2) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return -to -duty and followup testing, and other requirements except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. (3) A test for one applicant shall be accepted as meeting the same requirement for any other applicant. Any negative test result shall be accepted for one year as meeting any requirement for periodic testing for that applicant,or any other applicant, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre - employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. (4) In the case of an applicant who is also a driver, test results shall be reported directly to the commission. In all other cases, results shall be reported directly to the applicant. (5) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. (6) Applicants shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an applicant may require employees who test positive to pay the costs of rehabilitation and of return -to -duty and followup testing. (7) The requirements of the program do not apply to any driver required to comply with the controlled substance and alcohol use and testing requirements of Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, or Section 34520 of the Vehicle Code, or to any driver exempted from the provisions of that section. (c) No evidence derived from a. positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (d) On the request of an applicant, the commission shall give the applicant a list of consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the commission knows offer tests in California. (e) The commission shall conduct random and for -cause inspections of applicants' documents supporting compliance with the program. (f) For purposes of this section, "employment" includes self - employment as an independent driver. 1032.5. The commission shall issue a certificate pursuant to this article to every passenger stage corporation which conducts Page 2 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdoclD= 36772795 1 +0 +0 +0 &WAISaction = retriev 06/20/2000 WAIS Document Retrieval intrastate passenger transportation service pursuant to federal operating authority, to the extent that regulation of these operations is not preempted by the federal Bus Regulatory Reform Act of 1982 (P.L. 97 -261), as amended. The commission may attach any conditions or limitations to the issuance of the certificate which it may specify, consistent with federal law and regulation. 1033. The commission, in the exercise of the jurisdiction conferred upon it by the Constitution of this State and by this part, may grant certificates of public convenience and necessity, make decisions and orders, and prescribe rules affecting passenger stage corporations, notwithstanding the provisions of any ordinance or permit of any city, county, or city and county, and in case of conflict between any such order or rule and any such ordinance or permit, the certificate, decision, order, or rule of the commission shall prevail. 1033.5. (a) The commission may, at any time for good cause, suspend an operating right acquired by virtue of operations conducted on July 29, 1927, or a certificate of public convenience and necessity and, upon notice to the holder and opportunity to be heard, revoke, alter, or amend the operating right or certificate. (b) As an alternative to the suspension, revocation, alteration, or amendment of an operating right or certificate, the commission may impose upon the holder a fine not to exceed five thousand dollars ($5,000). The commission may assess interest upon any fine imposed, the interest to commence upon the day the payment of the fine is delinquent. All fines and interest collected shall be deposited at least once each month in the Public Utilities Commission Transportation Reimbursement Account in the General Fund. (c) For purposes of this section, "good cause" includes, but is not limited to, either of the following: (1) A consistent failure of the holder of the operating right or certificate to maintain vehicles in a safe operating condition and in compliance with the Vehicle Code and with regulations contained in Title 13 of the California Code of Regulations relative to motor vehicle safety, as shown by the records of the commission, the Department of Motor Vehicles, the Department of the California Highway Patrol, or the passenger stage corporation. (2) The holder's knowing and willful filing of a false report which understates revenues and fees. 1033.7. (a) Upon receipt of a written recommendation from the Department of the California Highway Patrol that the certificate of a passenger stage corporation be suspended either (1) for failure to maintain any vehicle used in transportation for compensation in a safe operating condition or to comply with the Vehicle Code or with regulations contained in Title 13 of the California Code of Regulations relative to motor carrier safety, if that failure is either a consistent failure or presents an imminent danger to public safety, or (2) for failure to enroll all drivers in the pull notice system as required by Section 1808.1 of the Vehicle Code, the commission shall, pending a hearing in the matter pursuant to subdivision (d), suspend the corporation's certificate. The department's written recommendation shall specifically indicate compliance with subdivision (c). (b) A corporation whose certificate is suspended pursuant to subdivision (a) may obtain a reinspection of its terminal and vehicles by the department, by submitting a written request for reinstatement to the commission and paying a reinstatement fee of one Page 3 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdocID= 367727951 +0 +0 +0 &WAISaction= retriev 06/20/2000 WAIS Document Retrieval hundred twenty -five dollars ($125). The commission shall deposit all reinstatement fees collected pursuant to this subdivision in the Public Utilities Commission Transportation Reimbursement Account. The commission shall forward a request for reinspection to the department which shall perform a reinspection within a reasonable time. The commission shall reinstate a corporation's certificate suspended under subdivision (a) promptly upon receipt of a written recommendation from the department that the corporation's safety compliance has improved to the satisfaction of the department, unless the certificate is suspended for another reason or has been revoked. (c) Before transmitting a recommendation pursuant to subdivision (a) to the commission, the Department of the California Highway Patrol shall notify the passenger stage corporation in writing of all of the following: (1) That the department has determined that the corporation's safety record is unsatisfactory, furnishing a copy of any documentation or summary of any other evidence supporting the determination. (2) That the determination may result in a suspension or revocation of the corporation's certificate by the commission. (3) That the corporation may request a review of the determination by the department within five days of its receipt of the notice required under this subdivision. If a review pursuant to this paragraph is requested by the corporation, the department shall conduct and evaluate that review prior to transmitting any notification to the commission pursuant to subdivision (a). (d) Whenever the commission suspends the certificate of any passenger stage corporation pursuant to subdivision (a), the commission shall furnish the corporation written notice of the suspension and shall hold a hearing within a reasonable time, not to exceed 21 days, after a written request therefor is filed with the commission, with a copy thereof furnished to the Department of the California Highway Patrol. At the hearing, the corporation shall show cause why the suspension should not be continued. At the conclusion of the hearing, the commission may, in addition to any other applicable penalty provided in this part, terminate the suspension, continue the suspension in effect, or revoke the certificate. The commission may revoke the certificate of any passenger stage corporation suspended pursuant to subdivision (a) at any time 90 days or more after its suspension if the commission has not received a written recommendation for reinstatement from the department and the corporation has not filed a written request for a hearing with the commission. (e) If the commission, after a hearing, finds that a passenger stage corporation has continued to operate as such after its certificate has been suspended pursuant to subdivision (a), the commission shall do one of the following: (1) Revoke the certificate of the corporation. (2) Impose upon the holder of the certificate a civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each day of unlawful operations. 1033.8. (a) Upon receipt of a stop order issued by the Director of Industrial Relations pursuant to Section 3710.1 of the Labor Code, the commission shall investigate to determine whether the passenger stage corporation has filed a false statement relative to workers' compensation insurance coverage, in violation of statute, or rules or orders of the commission. If, after notice and opportunity to be heard, the commission determines that there has been a violation of statute, or rules or orders of the commission, the commission shall impose appropriate penalties, which may include a fine and suspension Page 4 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdocID= 367727951 +0 +0 +0 &WAISaction = retriev 06/20/2000 WAIS Document Retrieval of operating authority for a violation. (b) Upon receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any passenger stage corporation as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the commission shall, 30 days from the date notice to the corporation is mailed, revoke the corporation's certificate of public convenience and necessity, unless the judgment has been satisfied or has been discharged in accordance with the bankruptcy laws of the United States or the corporation requests a hearing pursuant to subdivision (c) . (c) Within seven days of receipt of a complaint from the Director of Industrial Relations that a final judgment has been entered against any passenger stage corporation as a result of an award having been made to an employee pursuant to Section 3716.2 of the Labor Code, the commission shall furnish to the corporation named in the final judgment written notice of the right to a hearing regarding the complaint and the procedure to follow to request a hearing. The notice shall state that the commission is required to revoke the corporation's certificate of public convenience and necessity to operate pursuant to subdivision (b) after 30 days from the date the notice is mailed unless the corporation provides proof that the judgment is satisfied or has been discharged in accordance with the bankruptcy laws of the United States and the commission has been so notified seven days prior to the conclusion of the 30 -day waiting period. The notice shall also inform the corporation of a right to a hearing and the procedures to follow to request a hearing. The corporation may request a hearing within 10 days from the date the notice is sent by the commission. The request for the hearing shall stay the revocation. The hearing shall be held within 30 days of the receipt of the request. If the commission finds that an unsatisfied judgment exists concerning a debt arising under Section 3717 of the Labor Code, the commission shall immediately revoke the corporation's certificate of public convenience and necessity. 1034. When a complaint has.been filed with the commission alleging that any passenger stage is being operated without a certificate of public convenience and necessity, contrary to or in violation of the provisions of this part, the commission may, with or without notice, make its order requiring the corporation or person operating or managing such passenger stage, to cease and desist from such operation, until the commission makes and files its decision on the complaint, or until further order of the commission. 1034.5. Every corporation or person who knowingly and willfully issues, publishes, or affixes, or causes or permits the issuance, publishing, or affixing, of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the corporation or person is in operation as a passenger stage corporation without having a valid certificate or issued under this article is guilty of a misdemeanor punishable, if an individual, by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both, or, if a corporation, by a fine of not more than five thousand dollars ($5,000). 1035. Whether or not any stage, auto stage, or other motor vehicle is being, or is proposed to be operated as a passenger stage Page 5 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdoclD= 367727951 +0 +0 +0 &WAISaction = retriev 06/20/2000 WAIS Document Retrieval corporation "between fixed termini or over a regular route" within the meaning of this part is a question of fact, and the finding of the commission thereon is final and is not subject to review. Any act of transporting or attempting to transport any person or persons by stage, auto stage, or other motor vehicle upon a public highway of this State between two or more points not both within the limits of a single city or city and county, where the rate, charge, or fare for such transportation is computed, collected, or demanded on an individual fare basis, shall be presumed to be an act of operating as a passenger stage corporation within the meaning of this part. 1036. (a) Each application for a certificate of public convenience and necessity made under this article shall be accompanied by a fee of five hundred dollars ($500), unless the applicant is already operating in the immediate vicinity under the jurisdiction of the commission. (b) No certificate issued pursuant'to, or rights to conduct any of the services authorized by, this article shall be sold, leased, or assigned, or otherwise transferred or encumbered, unless authorized by the commission. A filing fee of three hundred dollars ($300) shall accompany all applications for that authorization. 1037. Every passenger stage corporation which violates any provision of this article, or aids or abets, or without being present advises or encourages any person or corporation in such violation, is guilty of a misdemeanor and, upon conviction thereof, if a person, shall be punished by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail for a term not to exceed six months, or by both such fine and imprisonment, or, if a corporation, shall be punished by a fine not to exceed one thousand dollars ($1,000). 1038. The interior of every passenger stage operated for hire in this State shall be maintained in a clean and sanitary condition. 1038.5. A passenger stage corporation shall not operate any motor vehicle on a public highway unless there is displayed on the vehicle a distinctive identifying symbol in the form prescribed by the commission, showing the classification to which the vehicle belongs. The identifying symbol shall not be displayed until a certificate of public convenience and necessity has been issued under this chapter for the operation. The identifying symbol displayed by a passenger stage corporation subject to the Interstate Commerce Commission shall serve in lieu of the display requirements of this section. 1039. In every written or oral advertisement of the service it offers, every passenger stage corporation shall state the number of its certificate or identifying symbol, as specified by the commission. 1040. The commission shall, in issuing a certificate pursuant to this article, require the passenger stage corporation to procure, and Page 6 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdoclD= 367727951 +0 +0 +0 &WAISaction = retriev 06/20/2000 WAIS Document Retrieval to continue in effect during the life of the certificate, adequate protection against liability imposed by law upon the corporation for the payment of damages for personal bodily injuries, including death resulting therefrom, protection against a total liability of the corporation on account of bodily injuries to, or death of, more than one person as a result of any one accident, and protection against damage or destruction of property. The minimum requirements for these assurances of protection against liability shall not be less than the requirements which are applicable to operations of carriers conducted pursuant to the federal Bus Regulatory Reform Act of 1982 (P.L. 97 -261), as amended. However, for vehicles designed to carry not more than eight persons, including the driver, the commission shall not require protection against a total liability of the corporation on account of bodily injuries to, or death of, more than one person as a result of any one accident in an amount exceeding seven hundred fifty thousand dollars ($750,000). 1041. It is unlawful for the owner of a passenger stage employing or otherwise directing the driver of the passenger stage to permit the operation of the passenger stage upon any public highway for compensation without first having obtained from the commission a certificate pursuant to this chapter or without first having complied with the vehicle identification requirements of Section 1038.5 or the accident liability protection requirements of Section 1040. 1042. (a) Every passenger stage corporation shall furnish the commission annually, as specified by the commission, a list, prepared under oath, of all vehicles used in transportation for compensation during the preceding year. The commission shall furnish a copy of this list to the Department of the California Highway Patrol and to the corporation's insurer, if the corporation's accident liability protection is provided by a policy or policies of insurance. (b) If the passenger stage corporation's insurer informs the commission that the corporation has failed to obtain insurance coverage for any vehicle reported on the list, the commission may, in addition to any other applicable penalty provided in this part, for a first occurrence, suspend the corporation's certificate or impose a fine, or both, and for a second or subsequent occurrence may suspend or revoke the certificate or impose a fine, or both. 1043. Every passenger stage corporation earning over three hundred fifty thousand dollars ($350,000) in annual gross operating revenue shall, under oath, file annually a report indicating the number, classification, and compensation of all employees and owner - operator drivers hired or engaged during the reporting period. The commission shall submit a copy of the report to the administrator of the corporation's workers' compensation self- insurance plan if the corporation is self - insured, or to the corporation's workers' compensation insurer if the corporation's workers' compensation protection is provided by a policy or policies of insurance. The commission shall not be obligated to undertake an independent investigation of the adequacy of workers' compensation insurance coverage based on the information contained in the report if the carrier has complied with Section 460.7. 1044. When the executive director of the commission determines that Page 7 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdoclD= 367727951 +0 +0 +0 &WAISaction = retriev 06/20/2000 WAIS Document Retrieval any passenger stage corporation, or any officer, director, or agent of any passenger stage corporation, has engaged in, is engaged in, or is about to engage in, any acts or practices in violation of this chapter, or any order, decision, rule, regulation, direction, demand, or requirement issued under this chapter, the executive director may make application to the superior court for an order enjoining those acts or practices or for an order directing compliance. The court may grant a permanent or temporary injunction, restraining order, or other order, including, but not limited to, an order allowing vehicles used for subsequent operations subject to the order to be impounded at the carrier's expense and subject to release only by subsequent court order following a petition to the court by the defendant or owner of the vehicle, upon a showing by the executive director that a person or corporation has engaged in or is about to engage in these acts or practices. 1045. After the cancellation or revocation of a certificate, or during the period of its suspension, it is unlawful for a passenger stage corporation to conduct any operations as a carrier. The commission may either grant or deny an application for a new certificate whenever it appears that a prior certificate of the applicant has been canceled or revoked pursuant to Section 1033.5 or whenever it appears, after hearing, that as a prior certificate holder, the applicant engaged in any of the unlawful activities set forth in Section 1033.5 for which his or her certificate might have been canceled or revoked. Page 8 of 8 http:// www. leginfo .ca.g... /waisgate ?WAISdoc[D= 367727951 +0 +0 +0 &WAISaction = retriev 06/20/2000 nnary 1, 2003, and as which that is enacted . late. 995. Repeal operative Jin2 only until January 1 iq district, may, vehicle or by pt with respect to any clusive, of the Public for the collection and s agns n after November Commercial Vehicles 35703. No ordinance adopted pursuant to Section-35701 sbidi any commercial vehicles coming from an unrestricted street - havm*g.m'g - reaa' and egress by direct route to and from restricted street when necessary . . for the purpose of making pickups or deliveries *of goods' wares'- and merchandise from or. to any building or structure located. on the restricted street . or for the purpose of delivering materials t;6 be used in the actual and bona fide repair, alteration, remodeling, - or conitkiction of any - 9 or- structure upon the restricted street whic for whi .,a building permit has .I... i .. previously been obtained. Public Willy Construction or Repair Vehicle 35704. No ordinance adopted pu rsuant t I o Section' 35701 to. decrease weight limits shall apply to any vehicle owned by a public utility or a licensed contractor while necessarily in use in the construction,, installation, 'or repair of any public utility.. Amended Ch, 371, State. 1987. Effective January 1, lass HighWay'Llser; Tax Funds, Openditure on City Streets - 35705'­ dtreetowwhi6h_' molxerfroz�i ' :the'Stite,Iiighv�Eiy�-,gixount.�inithe;State-Transportatiod---Ftmdz hasLbeexx:or is'u'sed: for- mainteniin is. _ the body'of thi cityafter notice a' ndIe arin g; 'determin ewtoreduce: weight zlimiti6n; such a striets N6iice:'6f the l:hear 4hall. be published: as-. ]provided'i.fi Code. advisealF interested parties that proposed action - and s hallld6aign : onpresentatiori of such 5ite 8 _.iixn6 - and , blace f 6bjectionjEi: ;Theiti&b-for. objections shall not expire . and the '- - hearing xxxay be held, .less' than , I days ­ after the 'firsf'publication 'of " e body of the city. An notice .-., e l earing - shiill 'bi"h6ld ore e egisa ti Y objections shall W&iAiidered'_, and -iiitii'r6sted:'* 6WaHoid_5d'a'n lq_" ­ i­ "' ­6NAii iiid ­­6 EW 2 e: e lxx�r 4- ea t6 eiro Jec A&i&d6diCh25i5 Stat&---l974.:Eff66fiveJ6 - ;-l975.­­tiI, uary v -A-'i L 'T. UnIMiD,M06d t Odit y H ighway s 6. f i ir espe�ve es 'a -70 jr l ; �!�xpe7*orsj 'n , respective may by ived ?highways = = oiily of . -�,� - g Withino:tbat,: A ', Axial 'a'ctiialilfepa&z.6f� is :the ays b - e run' time an 1 .iei to completion -0. ��'Foilth4�ip.t..rpoie' al ` � �; fi h wa - g y cement concrete' . A Oave&wii t cre or' '- high ao wAY_ nth 'a4Vkd*hy of hAr&st&ac6' not - essl than four inc es thick made-lio � ! V binder' o"ther lixttiWo rack, 'sak , n or gravel' b6 u together ge er y-an )idtiiiiib"�Subjedttb-A#Ijroval.-. 35708 In the tei, ....�1:-&� V t.WAh6"86rk%f the' �ducmg, the permissible" gross weight' upon;�an improved highway, the ` ON A r= FROM: DATE: SUBJECT: DISCUSSION staf epor HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FRANK G. TRIPEPI, CITY MANAGER ,4 V JUNE 7, 2000 ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE In recent years, Commissioner Ruiz has expressed concerns with noise and air pollution caused by truck travel on Temple City Blvd., especially the use of jake brakes. In response, staff has forwarded numerous letters to the responsible company regarding this concern (Exhibit A). However, such actions have had no lasting results. The Traffic Commission has directed staff to assess the feasibility of removing Temple City Blvd. as a designated truck route. In order to remove a designated truck route, a municipal code amendment would be required and is subject to approval by the City Council. In addition, steps would have to be taken to determine environmental impacts and to gather public comment. At the June 1, 2000 meeting, the Traffic Commission voted 5 -0 to approve the staff recommendation to forward this preliminary assessment to the City Council for direction. Staff's initial solution was to remove the signs that indicate "Truck Route" and I would meet with the City Manager of El Monte and request his assistance in directing those companies in El Monte to notify the delivery companies that Temple City Boulevard should not be used as a truck route. However, the Traffic Commission wants quite a bit of additional staff work (both in -house and consultant) to be done and we would need the Council's authorization to do so. EXHIBITS: Exhibit A — Traffic Commission Staff report, dated May 25, 2000 Exhibit B — Draft Minutes, dated June 1, 2000 OUNCfL -3 E r^ i i iU N !u i ITEM Nb. EXHIBIT "C" F: TRAFFIC COMMISSION MEMORANDUM TO: HONORABLE CHAIRMAN AND MEMBERS ROSEMEAD TRAFFIC COMMISSION FROM: JESSICA WILKINSON, ASSOCIATE PLANNEFy DATE: MAY 25, 2000 ( SUBJECT: ASSESSMENT OF TEMPLE CITY BLVD TRUCK ROUTE DISCUSSION Pursuant to a request from the Traffic Commission, staff has been directed to assess the impacts associated with the removal of Temple City Boulevard as a designated truck route. In recent years, Commissioner Ruiz has expressed concerns with noise and air pollution caused -by truck travel on this route, especially the use of jake brakes. In response, staff has forwarded numerous letters to the responsible company regarding this concern (Exhibit Q. However, such actions have had no lasting results. The Commission has directed staff to assess the feasibility of removing Temple City Blvd. as a designated truck route. In order to remove a designated truck route, a municipal code amendment would be required. These amendments are subject to approval by the City Council. BACKGROUND According to Chapter 10.05.010 of the Rosemead Municipal Code (Exhibit A), Temple City Boulevard is a designated truck route from the northerly city boundary (Southern Pacific Railroad) to the San Bemandino Freeway (I -10). The truck routes have been established since the city incorporated in 1959. In the Circulation section of the General Plan (Exhibit B), Temple City Boulevard is designated a secondary arterial roadway since its traffic volume is not as high as a primary arterial roadway (i.e. Rosemead Blvd., San Gabriel Blvd., and Garvey Avenue). Trucks traveling on Temple City Blvd. serve the businesses in Rosemead, El Monte, and Temple City. EXHIBIT D Rosemead Duffic Commission .lanc 1. 2000 Page 3 of 3 A preliminary step in considering the amendment of the code is to determine if this proposed project is exempt or not exempt from the California Environmental Quality Act. If this project is found to be non - exempt, a determination of the possible environmental impacts of this project must be made. This would require an initial study to be completed. If environmental impacts are found, adoption of the Mitigated Negative Declaration or the completion of an EIR (Environmental Impact Report) would be required. During the initial study process, the following actions would be taken: 1. Traffic study to be completed. 2. Legal findings to be determined by City Attorney. 3. Analysis of San Gabriel Valley Truck Transportation Study, completed by San Gabriel Valley Council of Governments. 4. Comments by affected Rosemead property owners and businesses. 5. Comments and analysis by affected municipalities, such as El Monte and Temple City. 6. Comment from affected agencies such as Los Angeles County Sheriffs Department, Los Angeles County Public Works Department, California Highway Patrol, California Department of Transportation, Los Angeles County Superior Courts - Rio Hondo, Department of Health Services, South Coast Air Quality Management District, Metropolitan Transportation Authority, and Foothill Transit. 7. Comparative analysis of similar code amendments completed by other municipalities (i.e. City of Montebello). S. Public Notice city -wide and to affected municipalities/ businesses. 9. Public Hearing before the City Council. 10. City Council consideration of amendment to the municipal code. If City Council directs staff to further process this project, the following recommendations may be considered: 1. Take no action at this time. 2. Proceed with the public hearing process to amend the Rosemead Municipal Code 10.08.010 to remove Temple City Blvd. as a designated truck route. 3. Temporary removal of truck route as part of a one -year trial program. 4. Designate Temple City Blvd. as a street with a maximum gross weight limit and/or limit the hours of truck deliveries. Rosemead Trajfc Commission June 1, 2000 Page 3 of RECOMMENDATION: Due to the extensive amount of staff and consultant time necessary to pursue this project, it is recommended that the Traffic Commission forward this preliminary assessment to the City Council for direction. Exhibits. A — Municipal Code Section 10.08.010 B — General Plan, Circulation Section C— Letter V. MATTERS FOR DISCUSSION AND ACTION A. ORDINANCE NO. 806 — AMENDING CABLE TELEVISION PROVISIONS OF MUNICIPAL CODE; AND AGREEMENT GRANTING A NON - EXCLUSIVE FRANCHISE RENEWAL TO CHARTER COMMUNICATIONS ENTERTAINMENT H MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council adopt Ordinance No. 807. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. A.2. CABLE COMMUNICATIONS FRANCHISE AGREEMENT WITH CHARTER COMMUNICATIONS MOTION BY COUNCILMAN BRUESCH, SECOND BY COUNCILMAN VASQUEZ that the Council approve the Franchise Agreement. Vote resulted: Yes: Bruesch, Taylor, Clark, Vasquez, Imperial No: None Absent: None Abstain: None The Mayor declared said motion duly carried and so ordered. CONTINUED DISCUSSION — TEMPLE CITY BOULEVLARD TRUCK ROUTE This item was received and filed. VI. STATUS REPORTS - None VII. MATTERS FROM OFFICIALS -None VIII. ORAL COMMUNICATIONS FROM THE AUDIENCE - None IX. ADJOURNMENT There being no further action to be taken at this time, the meeting was adjourned at 8:30 p.m. in memory of Sally Savedra, and the Orange County police officer that was fatally shot. The next regular meeting will be held on Tuesday, July 11, 2000, at 8:00 p.m. Respectfully submitted: APPROVED: City Clerk MAYOR CCMIN6 -27 -00 Page #5