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 _