CITY OF FILLMORE TO AWS
CITY OF FILLMORE CENTRAL PARK PLAZA 250 Central Avenue Fillmore, California 93015-1907 (805) 524-3701 ● FAX (805) 524-5707
TO:
Mayor and Council
FROM:
Roxanne Hughes, City Engineer David Wareham, Police Chief
DATE:
September 12, 2017
RE:
SECOND READING OF ORDINANCE PROHIBITING TRUCKS ON RIVER STREET BETWEEN “A” STREET AND CENTRAL AVENUE TO LIMIT TRUCK TRAFFIC AND REQUEST TO POST TRAFFIC SIGNS NOTING THIS PROHIBITION
REQUEST That the City Council approve the second reading to adopt the ordinance banning trucks on River Street between “A” Street and Central Avenue to limit heavy truck traffic using this segment as a bypass to the State Route 126 and authorizing staff to order, install and maintain signs advising of this prohibition. DISCUSSION The City has received complaints from residents that River Street is being used as a bypass to State Route 126 by trucks, particularly between “A” Street (Hwy 23) and Central Avenue. Although this segment of River Street is on the approved haul route for the active grading site in Heritage Valley Parks and also has point of delivery for trucks at the Vons commercial center at Balden Plaza, both the Sheriff and Engineering departments have verified some of the truck traffic on the segment is associated with regional hauling. In addition to the apparent by-pass truck traffic that is using River to avoid the traffic on Hwy 126, it has been noted that truck drivers are using River Street to stage in the early morning to position themselves to be first in line to the quarries in Grimes Canyon. To address these regional truck hauling impacts on River Street, the City Attorney has prepared Ordinance No. 17-881 to add Fillmore Municipal Code sections to ban vehicles over twenty feet and three-axle vehicles from being driven or parked on River Street between Central Avenue and “A” Street unless the truck is making a delivery on River Street or authorized pursuant to a preexisting limited term agreement. The installation of signs will occur in two locations as illustrated on Exhibit A to provide required notice to truck drivers such of the prohibition. The type of sign recommended will not preclude heavy trucks with local deliveries to the Balden Plaza or the Heritage Valley Parks development, as the California vehicle code ( CVC) section 35703 states “No ordinance adopted pursuant to Section 35701 shall prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a 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 to be used in the actual and bona fide repair, alteration,
remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained”. This means no local ordinance for commercial vehicles can prohibit them from using a local street if it’s the direct route to and from a location to pick up, delivery, etc. of goods. The ordinance and signs being recommended are therefore the best course of action, as this will provide the sheriffs with the ability to ticket trucks that are using River Street for a cut through or staging, and provides truck drivers the notification necessary by law for the sheriffs to enforce it. The penalty for violation of these local truck restrictions is limited by State law to a fine of $100 per violation. This recommendation is supported by the City Engineer and by Police Chief Wareham. FISCAL IMPACT There will be materials costs of acquiring two signs and posts and the labor cost for installation by City forces. Public works estimates the cost at less than $2,000, which funds are available in the Public Works operating budget in the Traffic Control Materials line item account no. 2034421-0031-3281. CITY COUNCIL GOAL None. RECOMMENDATION Staff recommends that the City Council approve the second reading to adopt Ordinance No. 17881 and authorize staff to order and install the signs at the two locations identified on Exhibit A. ALTERNATIVES 1. Direct staff to conduct an additional study of the segment and return with an expanded report to include a daily average of local versus regional truck trips. 2. Do not approve the ordinance or the installation of the signs. ATTACHMENTS Attachment A – No Truck Traffic Recommendation on River Street Attachment B – Ordinance No. 17-881
LIMIT TRUCK TRAFFIC ON RIVER STREET September 12, 2017 Page 2 of 2
R5-2
R20D-2(CA)
5
R5-2
R20D-2(CA)
CITY OF FILMORE No Truck Traffic Recommendation on River Street
ORDINANCE NO. 17-881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FILLMORE, CALIFORNIA, ADDING FILLMORE MUNICIPAL CODE SECTIONS 14.40.100 AND 14.40.110 TO PROHIBIT TRUCKS ON RIVER STREET Summary: This ordinance will ban vehicles over twenty feet and three-axle vehicles from being driven or parked on River Street within the city. WHEREAS, three-axle vehicles and vehicles over twenty feet are being regularly parked and driven on River Street, in part as trucks que for the nearby sand mines to open in the early morning hours; and WHEREAS, three-axle vehicles and vehicles over twenty feet that are parked and driven on River Street are creating a public safety concern for the entire community of Fillmore by blocking street visibility as well as negatively contributing to the overall air quality of the area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FILLMORE, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14.40.100 is added to the Fillmore Municipal Code to read as follows: “Section 14.40.100
Heavy trucks prohibited on River Street; fine imposed.
No person shall operate or park any three-axle vehicle on River Street between Central Avenue and “A” Street unless: that person is making a delivery on River Street or such operation has been authorized pursuant to a limited term agreement with the City entered into before January 1, 2017. Every violation of this section shall be punishable by a fine in the amount of one hundred dollars.” SECTION 2. Section 14.40.110 is added to the Fillmore Municipal Code to read as follows: “Section 14.40.110
Parking long vehicles prohibited on River Street; fine imposed.
No person shall stop, stand or park any vehicle more than twenty feet in overall length on River Street between Central Avenue and “A” Street, excepting commercial vehicles temporarily stopping for pickup or delivery of merchandise. Every violation of this section shall be punishable by a fine in the amount of one hundred dollars.”
-1-
ATTACHMENT B
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The City Clerk shall cause a summary of this Ordinance to be published once, within fifteen (15) calendar days after its passage, in the Fillmore Gazette, a newspaper of general circulation, printed, published and circulated in the City, and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City. SECTION 5. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. This Ordinance shall become effective on the thirty-first (31st) day after its passage. PASSED AND ADOPTED this ___ day of ________, 2017.
Carrie Broggie, Mayor
ATTEST: Oliva Carrera Lopez, City Clerk APPROVED AS TO FORM: Tiffany J. Israel, City Attorney
CITY OF FILLMORE
)
COUNTY OF VENTURA
)§
-2-
ATTACHMENT B
STATE OF CALIFORNIA
)
I, Oliva Carrera Lopez, City Clerk of the City of Fillmore, California, do hereby certify that the foregoing Ordinance No. 17-_____ was duly passed and adopted by the City Council of the City of Fillmore at the regular meeting thereof, held on the ___th day of _______, 2017, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN:
________________________________ Oliva Carrera Lopez, City Clerk
-3-
ATTACHMENT B
TO:
Mayor and Council
FROM:
Roxanne Hughes, City Engineer David Wareham, Police Chief
DATE:
September 12, 2017
RE:
SECOND READING OF ORDINANCE PROHIBITING TRUCKS ON RIVER STREET BETWEEN “A” STREET AND CENTRAL AVENUE TO LIMIT TRUCK TRAFFIC AND REQUEST TO POST TRAFFIC SIGNS NOTING THIS PROHIBITION
REQUEST That the City Council approve the second reading to adopt the ordinance banning trucks on River Street between “A” Street and Central Avenue to limit heavy truck traffic using this segment as a bypass to the State Route 126 and authorizing staff to order, install and maintain signs advising of this prohibition. DISCUSSION The City has received complaints from residents that River Street is being used as a bypass to State Route 126 by trucks, particularly between “A” Street (Hwy 23) and Central Avenue. Although this segment of River Street is on the approved haul route for the active grading site in Heritage Valley Parks and also has point of delivery for trucks at the Vons commercial center at Balden Plaza, both the Sheriff and Engineering departments have verified some of the truck traffic on the segment is associated with regional hauling. In addition to the apparent by-pass truck traffic that is using River to avoid the traffic on Hwy 126, it has been noted that truck drivers are using River Street to stage in the early morning to position themselves to be first in line to the quarries in Grimes Canyon. To address these regional truck hauling impacts on River Street, the City Attorney has prepared Ordinance No. 17-881 to add Fillmore Municipal Code sections to ban vehicles over twenty feet and three-axle vehicles from being driven or parked on River Street between Central Avenue and “A” Street unless the truck is making a delivery on River Street or authorized pursuant to a preexisting limited term agreement. The installation of signs will occur in two locations as illustrated on Exhibit A to provide required notice to truck drivers such of the prohibition. The type of sign recommended will not preclude heavy trucks with local deliveries to the Balden Plaza or the Heritage Valley Parks development, as the California vehicle code ( CVC) section 35703 states “No ordinance adopted pursuant to Section 35701 shall prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a 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 to be used in the actual and bona fide repair, alteration,
remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained”. This means no local ordinance for commercial vehicles can prohibit them from using a local street if it’s the direct route to and from a location to pick up, delivery, etc. of goods. The ordinance and signs being recommended are therefore the best course of action, as this will provide the sheriffs with the ability to ticket trucks that are using River Street for a cut through or staging, and provides truck drivers the notification necessary by law for the sheriffs to enforce it. The penalty for violation of these local truck restrictions is limited by State law to a fine of $100 per violation. This recommendation is supported by the City Engineer and by Police Chief Wareham. FISCAL IMPACT There will be materials costs of acquiring two signs and posts and the labor cost for installation by City forces. Public works estimates the cost at less than $2,000, which funds are available in the Public Works operating budget in the Traffic Control Materials line item account no. 2034421-0031-3281. CITY COUNCIL GOAL None. RECOMMENDATION Staff recommends that the City Council approve the second reading to adopt Ordinance No. 17881 and authorize staff to order and install the signs at the two locations identified on Exhibit A. ALTERNATIVES 1. Direct staff to conduct an additional study of the segment and return with an expanded report to include a daily average of local versus regional truck trips. 2. Do not approve the ordinance or the installation of the signs. ATTACHMENTS Attachment A – No Truck Traffic Recommendation on River Street Attachment B – Ordinance No. 17-881
LIMIT TRUCK TRAFFIC ON RIVER STREET September 12, 2017 Page 2 of 2
R5-2
R20D-2(CA)
5
R5-2
R20D-2(CA)
CITY OF FILMORE No Truck Traffic Recommendation on River Street
ORDINANCE NO. 17-881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FILLMORE, CALIFORNIA, ADDING FILLMORE MUNICIPAL CODE SECTIONS 14.40.100 AND 14.40.110 TO PROHIBIT TRUCKS ON RIVER STREET Summary: This ordinance will ban vehicles over twenty feet and three-axle vehicles from being driven or parked on River Street within the city. WHEREAS, three-axle vehicles and vehicles over twenty feet are being regularly parked and driven on River Street, in part as trucks que for the nearby sand mines to open in the early morning hours; and WHEREAS, three-axle vehicles and vehicles over twenty feet that are parked and driven on River Street are creating a public safety concern for the entire community of Fillmore by blocking street visibility as well as negatively contributing to the overall air quality of the area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FILLMORE, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 14.40.100 is added to the Fillmore Municipal Code to read as follows: “Section 14.40.100
Heavy trucks prohibited on River Street; fine imposed.
No person shall operate or park any three-axle vehicle on River Street between Central Avenue and “A” Street unless: that person is making a delivery on River Street or such operation has been authorized pursuant to a limited term agreement with the City entered into before January 1, 2017. Every violation of this section shall be punishable by a fine in the amount of one hundred dollars.” SECTION 2. Section 14.40.110 is added to the Fillmore Municipal Code to read as follows: “Section 14.40.110
Parking long vehicles prohibited on River Street; fine imposed.
No person shall stop, stand or park any vehicle more than twenty feet in overall length on River Street between Central Avenue and “A” Street, excepting commercial vehicles temporarily stopping for pickup or delivery of merchandise. Every violation of this section shall be punishable by a fine in the amount of one hundred dollars.”
-1-
ATTACHMENT B
SECTION 3. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The City Clerk shall cause a summary of this Ordinance to be published once, within fifteen (15) calendar days after its passage, in the Fillmore Gazette, a newspaper of general circulation, printed, published and circulated in the City, and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City. SECTION 5. This ordinance is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. This Ordinance shall become effective on the thirty-first (31st) day after its passage. PASSED AND ADOPTED this ___ day of ________, 2017.
Carrie Broggie, Mayor
ATTEST: Oliva Carrera Lopez, City Clerk APPROVED AS TO FORM: Tiffany J. Israel, City Attorney
CITY OF FILLMORE
)
COUNTY OF VENTURA
)§
-2-
ATTACHMENT B
STATE OF CALIFORNIA
)
I, Oliva Carrera Lopez, City Clerk of the City of Fillmore, California, do hereby certify that the foregoing Ordinance No. 17-_____ was duly passed and adopted by the City Council of the City of Fillmore at the regular meeting thereof, held on the ___th day of _______, 2017, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN:
________________________________ Oliva Carrera Lopez, City Clerk
-3-
ATTACHMENT B
