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Ordinance 1985-03ORDINANCE NO. 85-3 AN ORDINAI~CE AMENDING C~PTER 15 OF THE GILROY CITY CODE BY ADDING ARTICLE X RELATING TO INTERSTATE TRUCKS BE IT ORDAINED BY THE COUNCIL OF GILROY AS FOLLOWS: SECTION I. Chapter 15 of the Gilroy City Code is hereby amended to add Article X thereto, to read as follows: ARTICLE X INTERSTATE TRUCKS Sec. 15.123. Definitions The following words and ~hrases shall have the meanings set forth, and if any word or phrase used in this article is not defined in this section, it shall have the meanings set forth in the California Vehicle Code; provided that if any such word or phrase is not defined in the vehicle code, it shall have the meaning attributed to it in ordinary usage. (a) "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 v~hicles are regularly maintained, stored or manufactured. (b) "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. (c) "Transportation Engineer" means the City Engineer of the City of Gilroy or his authorized representative. (d) "Caltrans" means the State of California Department of Transportation or its successor agency. ORDINANCE NO. 85-3 Sec. 15.124 Purpose. The purpose of this article is to establish procedures for terminal designa- tion and truck route designation to terminals fo~ interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. Sec. 15.125. Application. (a) Any interested person requiring terminal access for interstate trucks from the federally designated highway system shall submit an application, on a form as provided, bythe Clt~, together with such information as may De required by the City Engineer and appropriate fees to the City of Gilroy. (b) Upon receipt of the application, the City Engineer will cause an investigation to be made to ascertain whether or not the proposed terminal facility meets the require- ments for an interstate truck terminal. Upon him approval of that de~ignation, he will then determine the capability of the route requested and alternate routes, ~ether 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 without the approvml of Caltrans. (c) Should the requested route pass through the City of Gilroy to a terminal located in another jurisdiction, the applicant shall comply with that Jurtsdiction~ 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. Costs for trailblazer signs shall be as provided in Section 15.iZ~(b). ORDINANCE NO. 85-3 -2- Sec. 15.125. Fees and Costs. (a) The applicant shall pay a non- refundable application fee, as established by the City by resolution, sufficient to pay the cost of the review of the terminal designation and the review of the route and alternate route. (b) Upon the approval of the terminal designation and route by the City and by Caltrans the applicant shall deposit with the City of Gilroy sufficient funds as estimated by the City 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 com- pletion of the installation of the signs, the actual cost shall be computed and any difference between the actuak 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 s~h signs as may be required are in place. Costs for trailblazer signs may be porportioned in accordance with the procedures in Section 15.127(c). Sec. 15.127. 'Retrofit. ting. (a) If all feasible routes to a requested terminal are found unsatisfactory by the City Engineer, the applicant may request retrofitting the deficiencies. Ail costs of engineering, ~ construction and inspection will be the responsibility by the applicant. Except when the retrofitting of deficiencies is within the Jurisdiction of Caltrans, the actual construction will be done by the City or by a contractor acceptable to it. (b) Ifhen the work is to be done by the City, the applicant shall deposit with the City of Gilroy 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 as the case may be. When the work is done by the applicant, the applicant may file with the City Engineer, on a form satisfactory to the City Engineer, a statement detailing the actual costs of the retrofitting. ORDINANCE NO. 85-3 -3- (c) 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 porportionate share of the retrofitting, as determined by the City Engineer, which fee shall be disbursed by the City of Gilroy to the applicant who paid for the retrofitting as well as to any applicant who contributed to the cost of retrofitting under this subsection. Nothing herein shall require the payment of a porportionate fee if the applicant doing the work failed to file the report with the City Engineer required by subsection (b) above. Sec. 15.1~8. Revocation of Route. City 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. Sec. 15.129. Appeal Process. (a) If the City Engineer denies terminal designation, route feasibility or revokes a previously approved terminal o~ route, the applicant/terminal owner, within 10 days following the date of receipt of the decision of the City Engineer may appeal said decision to the Cilty 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 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 Engineer shall transmit to the City Clerk the terminal application, the sketches of the revoked route and all other data filed therewith, the report of the City Engineer, the findings of the City Engineer and his decision on the application. (b) The City Clerk shall make copies of the data pro- vided by the City Engineer available to the appli- cant and to the appellant (if the applicant is not the appellant) for inspection and may give notice to any other ORDINANCE NO. 85-3 -4- interested party who requested notice of the time when the appeal will be considered by the 'City Council. (c) If Caltrans and not the City 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. SECTION 2. This ordinance shall take effect and be in force thirty days from and after its adoption.- PASSED AND ADOPTED this 7th day of January 1985 by the following vote: AYES: COUNCILb~MBERS: ALBERT, GAGE, KLOECKER, MUSSALLE~, PATE, VALDEZ and HUGHAN NOES: COUNC ILME~BERS: NO~','E ABSENT: COUNCII2TE~iBERS: NONE APPROVED: ~.~Mayor ATTES : ORDINANCE NO. 85-3 -5- I, SUSANNE E. STEINMETZ, City Clerk of the CitY of Gilroy, do hereby certify that the attached Ordinance No. 85-3 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 7th day of January , 19__85 , at which meetin~ a quorum was 'present. affixed the Official Seal of the City of Gilroy, this of january ., 19 85 . ~ty clerk of the Cit~ of Gilroy ~ IN WITNESS WHEREOF, I have hereunto set my hand and 15th day (Seal)