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Ordinance - 1654• ORDINANCE INTO. 1654 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 22 OF THE WEST COVINA MUNICIPAL CODE BY ADDING SECTION 145 RELATING TO INTERSTATE TRUCES. The City Council of the City of West Covina does ordain as follows: SECTION 1: That the West Covina Municipal Code Section 22-145 be added to read: A. Definitions. (1) "Terminal" means any facility at which freight is consolidated to be shipped or where full load consignments may be loaded and off loaded or at which the vehicles are regularly maintained, stored or manufactured. (2) "Interstate truck" means a truck tractor and semi -trailer or truck tractor, semi -trailer and trailer with unlimited length as regulated by the vehicle code. (3) "City Traffic Engineer.". means the -City Traffic Engineer of the City .of West Covina.or his authorized representative. • (4) "Caltrans" means the State of California Department of Transportation or its successor agency. B. Purpose. (1) The purpose of this article is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and wel- fare of the public. C. Application. (1) Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an applica- tion, on a form as provided by the City, together with such information as may be required by the City Traffic Engineer and appropriate fees to the City of West Covina. (2) Upon receipt of the application, the City Traffic Engineer will cause an investigation to be made to.ascertain whether or not the proposed • terminal facility meets the requirements for an interstate truck terminal. Upon his approval of that Iesinnation, he will then determine the caDa- bility of the route requested and alternate routes, whether requested or not. Determination of route capability will include, without limitation, a review of adequate turning radius and lane widths of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volumes. No access off a federally designated highway system will be approved with- out the approval of Caltrans. 3. Should the requested route pass through the City of West Covina to a terminal located in another jurisdiction, the applicant shall comply with that jurisdictions application process. Co- ordination of the approval of the route through the City will be the responsibility of the entity which controls the terminal's land use. Costs for trailblazer signs shall be as provided in Section D2. D. Fees and Costs. 1. The applicant shall pay a non-refundable application fee, as established by the City by re- solution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route. 2. Upon the approval of the terminal designa- tion and route by the City and by Caltrans, the applicant shall deposit with the City of Vilest Covina sufficient funds as estimated by the City Traffic Engineer to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs will be required at every decision point in the City on route to the terminal. Upon completion of the in- stallation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the.applicant, whichever the case may be. No terminal or route may be used until such signs as may be re- quired are in place. Costs for trailblazer signs may be proportioned in accordance with the procedures in Section E3. E. Retrofitting 1. If at all feasible routes to a requested terminal are found unsatisfactory by the City Traffic Engineer, the applicant may request retro- fitting the deficiencies. All costs of engineering, construction and inspection will be the responsi- bility of the applicant. Except when the retro- fitting of deficiencies is within the jurisdiction of Caltrans, the actual construction will be done by the City or bya contractor acceptable to it. 2. when the work is to be done by the City, the applicant shall deposit with the City of West Covina the estimated cost of retrofitting. Adjustment .between the estimated and actual cost shall be made after completion of the work and any difference • between the actual and the estimated cost shall be billed or refunded to the applicant as.the case may be. When the work is done by the applicant, the applicant may file with the City Traffic Engineer, on a form satisfactory to the City Traffic Engineer, a state- ment detailing the actual costs of the retrofitting. D 3. If at any time within 5 years from the date of completion of the retrofitting by the applicant, should any applicant seek terminal approval which would use the route upon which such retrofitting was accomplished, any such applicants' fee may include that applicants proportionate share of the retrofitting, as determined by the City Traffic • Engineer, which fee shall be disbursed by the City of West Covina to the applicant who paid for the retrofitting as well as to any applicant who con- tributed to the cost of retrofitting under this subsection. Nothing herein shall require the pay- ment of a proportionate fee if the applicant doing the work failed to file the report with the City Traffic Engineer required by subsection (2) above. F. Revocation of Route. 1. The City Traffic Engineer may revoke any approved terminal or route if the terminal or route becomes a traffic hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or said vehicles causing unsafe driving conditions for other vehicular traffic or pedestrians. G. Appeal Process. 1. If the City Traffic Engineer denies terminal designation, route feasibility or revokes a pre- viously approved terminal or route, the applicant/ terminal owner, within 10 days following the date • of receipt of the decision of the.City Traffic Engineer may appeal said decision to the City Council in writing. An appeal shall be made on a form prescribed by the Department of Public Works and shall be filed with the City Clerk. The appeal shall state specifically wherein there was an error or abuse of discretion by the City Traffic Engineer or wherein its decision is not supported by the evidence in the record. Within 5 days of the filing of an appeal, the City Traffic Engineer shall trans- mit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the City Traffic Engineer, the findings of the City Traffic Engineer and his decision on the application. 2. The City Clerk shall make copies .of the data provided by the City Traffic Engineer available to the applicant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other interested party who requested notice of the time when the appeal will be considered by the City Council. 3. If Caltrans and not the City Traffic Engineer denies or revokes terminal access from.federally • designated highways, no appeal may be made to the City Council, but must be made to Caltrans as may be permitted by Caltrans. H. Constitutionality. 1. If any section, subsection, sentence, clause or phrase of the Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, • and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 2: That the City Clerk shall certify to the passage of this Ordinance and shall cause the same to be pub- lished. ATTEST: PASSED AND APPROVED this 1 Oth day of Decerber ,1984 . Mayor Ik Z4�� City Clerk • STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST COVINA I, HELENE MOONEY, City Clerk of the City of West Covina, Cali- fornia do hereby certify that the foregoing Ordinance No. 1654 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the llth day of November , 1984. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the IOth day of December , 1984, by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers:. APPROVED AS TO FORM: City Attorney Manners, Chappell, Shearer, Tennant, Bacon None None ke'le't-e-e- AV Grp City Clerk C E R T I F I C A T IO N • I, JANET BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. ��Q cJ was published, pursuant to law, in the San Gabriel Valley. Tribune, a newspaper of general circulation published and circulated in the City.of West Covina. -.Rev" Janet Berry, Deputyy City Clerk City of West Covina, California DATED : 16M _