November 29, 2005

Controversial Apple Valley Truck
Route Ordinance Reconsidered

The Apple Valley City Council voted to revisit its decision to eliminate a major truck route through their community after 50 members of the trucking industry and the industry transportation consultant brought the problem to their attention at a regular council meeting November 22nd.

The question of truck route restrictions in cities and counties throughout the state continues to be a hot topic in many communities. The case in Apple Valley involved an ordinance that was “quietly” passed by the council October 14, 2003. Simply put, the ordinance prohibited truck traffic on Apple Valley Road, a major arterial route running through the town. There was a long period of inactivity regarding the ordinance until November 2005 when local enforcement began issuing $100 citations to truckers who were using the road. The route is 5.5 miles long, so if a trucker making a local delivery traveled over the half-way mark (an imaginary line 2.75 miles from either end) they would be cited. According to the new ordinance, the trucker would have to come in from the opposite direction, which could add as much as 14.5 additional miles to the trip.

When the ordinance was originally passed, it was brought to my attention and I contacted City Engineer Everett Butcher. We were told that “We are reviewing the situation. There appears to be conflicting information out there regarding this topic. Check with me in about two weeks.”

We were also told “We do not yet have a schedule for changes to the signs. I suspect enforcement, as it has been for the years that the town has had a truck route ordinance, will generally be on a complaint reactive basis”

We continued to request a meeting on the matter but none materialized and the matter faded away until this month. We were contacted by CDTOA members regarding this new enforcement and over the next week I contacted a wide variety of public officials, including State Senator George Runner’s office and Assemblyman Dennis Mountjoy. I also contacted the San Bernardino Board of Supervisors and law enforcement officials in Apple Valley.

The message was the same for all - *Assembly Concurrent Resolution 23, passed this August and asks localities to develop truck routes that, “provide for the most direct movement through a city.” In the Apple Valley Road. case, the alternative route suggested by the city required truckers to drive over inadequate streets nearly 15 miles out of their way to move through the town - clearly not the “most direct movement” through the town.

We also spoke with San Bernardino Associated Governments (SANBAG) regarding the funding for the Apple Valley Road improvement project. SANBAG explained that last year the voters approved Measure I, a half-cent sale tax for the next 30 years for infrastructure improvements. SANBAG said 65% of the funding was for local agencies to use these funds for improving main arterials within their jurisdictions.

Our question was where did it state that if we the local taxpayers agree to this measure that these roads would be restricted to use by our industry - commerce? SANBAG said that was a good question and they were going to look into this situation. This seems to be a common practice by localities, accepting state or federal funds for local improvements, and then restricting trucks from their use. Our industry takes exception to this issue; we are all taxpayers and entitled to use these main arterial routes as any other vehicle on the road.

We attended a Town Council meeting in Apple Valley and under public comments brought our issue to the attention of the council. There were approximately 50 local Truckers, mainly CDTOA members that were there to oppose the Ordinance that was adopted two years ago. The Town Council allowed industry to speak and present our case. The issue was well received and the Council understood the frustrations that industry was experiencing.

We explained that we were attempting to propose a long term solution, not just because Apple Valley Road has construction going on that will widen the roadway to four lanes but even after the project is finished and it continues to be an important truck route. Apple Valley Road is a main arterial route that connects the north and south boundaries on the west side of town. The Town Council did recognize that the truckers in attendance were local, professional drivers wanting to do the right thing.
Among those who spoke, was CDTOA past president and area resident Dennis Downing, who was quoted in the Daily Press (11-23-05 issue) as saying that trucks get about 5 mi./gal. and for the town to require the trucks to take alternate routes from the asphalt and cement plants - down Green Tree Boulevard to Hesperia Road to Bear Valley Road — adds another 15 to 20 miles per trip. “Somebody has to eat that (cost),” Downing said.
There were a few local residents who voiced their concerns as well.
The Town Council called for a vote for an emergency agenda item to be heard at that meeting. The vote was unanimous 5-0 that there was an urgent need to take an immediate action regarding enforcement on Apple Valley Road.

A motion was made to take an emergency action to suspend the Truck Route Ordinance on Apple Valley Rd. until a final decision was made by Council. This was voted down and than it was suggested due to all the construction that to suspend the Truck Route on Apple Valley Road, Monday through Friday from 7:00 am to 5:00 pm. This was received very well by industry. This motion carried on a 3-2 vote.

There was also a discussion on the citations that had already been issued that they would be a stayed/suspended until Council met again and the agenda item was discussed and resolved. If a trucker had received a citation on Apple Valley Road and already sent their $100 in and this issue is resolved, the $100 will be returned. The Council also stated that they would notify enforcement to stop citing truckers.

We also spoke with the town manager after the meeting and we are going to be working on long term solutions to fix this truck route issue and other routes in the township.
We were also asked that local truck traffic not use their Jake brakes in these residential areas, to be courteous and drive with extra caution while this issue is under review. We would not want anything to jeopardize resolving this issue in the favor of the industry in the future, so please pass the word.

Stoddard Wells Road was also another area where citations were being issued and it was agreed that if you are traveling to and from the Rock Plant, you will be allowed to use Stoddard Wells Road and any citations issued recently will be rescinded.

We were also informed that this issue will be on the December 13, 2005 agenda.
We owe a great thanks to the Town Council and other public officials for their assistance in facilitating this matter. We are trying to cover all the bases and will continue to work to make sure this issue is resolved to the satisfaction of the industry. We also want to thank CDTOA’s staff for getting the word out to their members and the rock producing plants that brought such a great showing of responsible truckers to the council meeting.
If you have any further questions feel free to contact me (760) 249-4376.

*ACR 23 - Resolved by the Assembly of the State of California, the Senate thereof concurring, that the Legislature strongly urges regional transportation planning agencies, in consultation with the cities and counties of the state and the Department of Transportation, to examine the flow of traffic to develop commercial trucking routes that provide for the most direct movement through a city and county in order to reduce the time that trucks are in city limits and county areas and the level of pollution that is created; and be it further
Resolved, that the Legislature strongly urges cities and counties to incorporate this process as part of their revisions to their general and specific plans respectively.
Most direct movement through a city and county in order to reduce the time that trucks are in city limits and county areas and the level of pollution that is created; and be it further
Resolved, that the Legislature strongly urges cities and counties to incorporate this process as part of their revisions to their general and specific plans respectively.

Gregory D. Dineen
Industry Transportation Consultant