Chapter 8-7.5 — INTERSTATE TRUCKS

(a)

The purpose of this chapter 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 welfare of the public.

(b)

Current state law on truck combinations' length and width implements federal requirements dealing with access to the federally designated system by interstate trucks (Chapter 145, Stats 1983, amending various sections of the Vehicle Code). It is necessary that the city enact an ordinance delineating the application process for terminal and route designation within the bounds of the city limits by citizens or business establishments requiring the service of the interstate trucks off the federally designated system. The designated system nearest the city is Highway 24.

(Ord. 330 § 1 (part), 1984)

(a)

As used in this chapter:

(1)

"Caltrans" means the State of California Department of Transportation or its successor agency.

(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)

"Terminal" means a facility at which freight is consolidated to be shipped or where full load consignments may be loaded and offloaded or at which the vehicles are regularly maintained, stored or manufactured.

(4)

"Transportation engineer" means the city engineer or his authorized representative.

(b)

If any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code; or if not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage.

(Ord. 330 § 1 (part), 1984)

(a)

A person requiring terminal access for interstate trucks from the federally designated highway system shall submit (1) an application, on a form provided by the city, together with such information as may be required by the transportation engineer, and (2) appropriate fees to the city.

(b)

Upon receipt of the application, the transportation engineer will ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. If so approved, he will then determine the capability of the requested route and alternate routes (whether requested or not). Determining route capability will include a review of adequate turning radii and lane width of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volume. No access off a federally designated highway system will be approved without the approval of Caltrans.

(c)

If the requested route passes through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use.

(Ord. 330 § 1 (part), 1984)

(a)

The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of (1) the terminal designation and (2) the requested and alternate routes.

(b)

Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall deposit with the city sufficient funds, as estimated by the transportation engineer, to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs are required at every decision point in the city on route to the terminal. Upon completion of the installation 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. No terminal or route may be used until the required signs are in place. Costs for trailblazer signs may be proportioned in accordance with procedures in Section 8-755(c).

(Ord. 330 § 1 (part), 1984)

(a)

If all feasible routes to a requested terminal are found unsatisfactory by the transportation engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will

be borne by the applicant. Construction will be done by the city or by a contractor acceptable to it.

(b)

When the work is to be done by the city, the applicant shall deposit with the city the estimated cost of retrofitting. Adjustments 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. When the work is done by the applicant, the applicant may file with the transportation engineer, on a form satisfactory to the transportation engineer, a statement detailing the actual costs of the retrofitting.

(c)

If, within five years of date of completion of the retrofitting by the applicant, another applicant seeks terminal approval which would use the route upon which the retrofitting was accomplished, the new applicant shall pay the original applicant(s) a pro rata share of the original cost of the retrofitting, as determined by the transportation engineer. The proportionate fee shall be disbursed by the city to the applicant who paid for the retrofitting, as well as to any other applicant who contributed to the cost of retrofitting under this subsection. Nothing in this subsection requires the payment of a proportionate fee if the applicant doing the work failed to file with the transportation engineer the report required by subsection (b) of this section.

(Ord. 330 § 1 (part), 1984)

The transportation engineer may revoke any approved terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or the creation of unsafe driving conditions for other vehicular traffic or pedestrians.

(Ord. 330 § 1 (part), 1984)

(a)

If the transportation engineer denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within ten days following the date of receipt of the decision of the transportation engineer, may appeal the decision to the city council in writing. An appeal shall be made on a form prescribed by the department of public works and filed with the city clerk. The appeal shall state specifically the error or abuse of discretion by the transportation engineer or why the decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the transportation engineer shall transmit to the city clerk the terminal application, the sketches of the revoked route and other pertinent data, the report of the transportation engineer, the findings of the transportation engineer and his decision on the application.

(b)

The city clerk shall make copies of the data provided by the transportation engineer available to the applicant or other person filing the appeal for inspection and shall give notice to any other interested party

who requested notice of the time when the appeal will be considered by the city council.

(c)

If Caltrans and not the transportation 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 that entity.

(Ord. 330 § 1 (part), 1984)

If a part of this chapter is held to be invalid, the remaining portions of this chapter are not affected.

(Ord. 330 § 1 (part), 1984)