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HomeMy WebLinkAboutMINUTES - 08221989 - 1.44 V� 1-®44 TO: BOARD OF SUPERVISORS Contra FROM: Costa DATE: Phil Batchelor, County Administrator ��" 4° DATE: AUgllSt 3 , 1989 County SUBJECT: _Count Y 4 WUN ti SUBJECT: Truck Parking Issues SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION Accept the following report on truck parking issues and request the Sheriff ' s Department and Public Works Department to monitor complaints for 1 year and report back to the Board. BACKGROUND Several truck parking issues surfaced after an incident on January 10 , 1988 in which a truck parked at Tara Hills shopping center emitted a toxic gas. Following the incident, staff was directed by the Board of Supervisors to investigate the regulations on trucks parking in residential areas and the parking of trucks transporting Hazardous Materials. After receipt of reports from the Sheriff ' s Department,Public Works, and the Health Department, a letter was received by the Board on May 24 , 1988 from G.D. Whaley requesting that trucks over 10 ,000 lbs. be prohibited from parking in residential areas. This was referred to the Sheriff ' s Department and County Counsel. In addition , Supervisor Fanden in a Board Order dated June 21, 1988 asked staff to review the need for truck stops in Contra Costa County. Following is the discussion of each issue. TRUCK PARKING Currently County Ordinance 46-4. 003 restricts any commercial vehicle having a manufacturers ' gross weight of 10 , 000 lbs. or more from standing or parking on any County street or highway located in any residential district. Shopping centers are not included in this restriction as they are private property. If owners want to restrict parking they can post signs and have unauthorized vehicles towed away. G � - o CONTINUED ON ATTACHMENT: Yews SIGNATURE: J]—RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE —OTHER J SIGNATURE(S): Zn ACTION OF BOARD ON MUUjjdAPPROVED AS RECOMMENDED OTHER — VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: _ ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. A CC: ATTESTED UG 2 2 1989 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY ��� ,DEPUTY the California Administrative Code Chapter 2, Subchapter 6, Title 13 , Section 1150. 1(b) (2) means any off-highway location or terminal where the driver may park and leave a vehicle unattended. This particular lot in Oakley is only open to trucks owned by the company that owns the lot. In a memo dated May 11,1988 to the County Administrator, County Counsel stated that the Board may , by ordinance adopted pursuant to its police power, prohibit vehicles used to transport hazardous materials from parking in shopping center parking lots. Enforcement would necessitate cooperation and sign posting �by shopping center owners. The Board may direct County Counsel to prepare this ordinance. AVAILABILITY OF TRUCK PARKING Community Development states that trucks can park in heavy and light industrial zones and general commercial zones. However, there are no truck stops or established truck parking areas in Contra Costa County. Staff contacted Cal Trans about the possibility of trucks parking during the weekend in Park and Ride lots. The Transportation Engineer that oversees the Park N' Ride facilities stated that the lots are not surfaced for commercial vehicle parking. Also Cal Trans will be posting these lots to prohibit truck parking. The County does not have any large parcels of land that are available for a truck stop. The cost for a lot would range between $400,000 to $2,000,000. This would purchase and pave acreage and provide a security system. The costs will vary based on the number of acres used. It costs $100,000 an acre for 6" asphalt paving necessary to hold the weight of the trucks. In addition, maintenance and security could cost up to $200 , 000 a year. These estimates were provided by the manager of a Union Oil Truck Stop in California. All truck stops are privately owned. In contacting other counties to determine if they had similar problems when truck stops were available, they report that there are still occasional truck parking problems but not as many. However, Sheriffs in their counties are frequently called to truck stops for crimes of prostitution, theft, assault and narcotics. Since there are no truck stops in the County, more active enforcement throughout the County of Ordinance 46-4 .003 would most directly impact Independent Owner/Operators. They represent an undefined number of Contra Costa residents who own a trucking business with one or more trucks. Owner/Operators are concerned about parking close to home in a secured area. They fear vandalism or theft of their equipment which costs anywhere from $20,000 to $200 , 000. Considering the lack of secured parking available, the Board may want to consider posting and enforcing Ord. 46-4 .003 only in areas where repeated problems occur. SUMMARY OF OPTIONS * The Board may request the monitoring of truck parking complaints. * The Board may request Public works to post signs in specific areas where problems of truck parking exist. * The Board may request the Judges to increase the fines for the violation of Ord. 46-4.003 and dedicate either the increase or the entire fine to the cost of enforcement. On July 10, 1979 , when the Board of Supervisors approved in concept the above ordinance, it was with the understanding that signs would not be posted. County Counsel has advised that without signs, enforcement would be difficult. Furthermore, the CHP will only enforce the California Vehicle Code and not County Ordinances leaving the responsibility for enforcement with the Sheriff ' s Department. The Sheriff 's Department is now enforcing Ord. 46-4. 003 in areas where signs are posted. According to the Public Works Department, signs are posted only upon request. Therefore many areas are still not posted. The cost to post a sign is approximately $200 ( includes materials and labor) . A sign must be posted at the beginning and end of each street and at each intersection. To post the entire unincorporated area of the County would be very expensive. The Board may consider requesting the monitoring of truck parking complaints and posting signs in areas where problems exist. The Sheriff ' s Department and the Public Works Department are concerned that added posting will just encourage"hop scotching" or moving from one street to the next. Since January 1989 only six of the approximately 1800 parking tickets issued were written for violations of Ord. 46-4. 003 . That is one a month. These tickets were issued in various parts of the County and are the only record of truck parking complaints available. In a report from the Sheriff dated March 24,1988 to the Board, a recommendation was made to increase the fine ( $28) for this violation and dedicate it to enforcement. Municipal Court Administration states that the Board may ask the Judges to increase the fine in line with other jurisdictions. Danville collects a $50 fine and San Ramon a $51 fine. Neither of these jurisdictions directly dedicates their fines to enforcement. Considering the number of tickets issued in the County in the last six months, $600 a year at most would go towards enforcement. Enforcement costs per the Sheriff ' s Departments would be $57 ,000 a year(includes departmental overhead) for a Deputy or $77,000 a year for a Deputy and a car. PARKING OF TRUCKS USED IN TRANSPORTING HAZARDOUS MATERIALS Regulation for the parking of trucks used in transporting Hazardous Materials does not exist. However, there are several regulations for the transportation of Hazardous Materials in both the California Vehicle Code and Health and Safety Codes. County Counsel provided legislation (Attached) that the Board might consider proposing to amend the Vehicle Code. This legislation would authorize the Board, by ordinance, to regulate the parking of vehicles used to transport hazardous materials by designating parking areas for such vehicles. AB396 introduced by Assembly Member Arias states that the resolution adopted by local authorities applicable to truck parking would also be applicable to Hazardous Waste Trucks. A violation of this Ordinance would be a misdemeanor. Staff will ask County Counsel to advise if this legislation adequately addresses County' s concerns. An alternative or in addition, County Counsel suggested the Board could seek legislation authorizing a local agency to issue permits to park vehicles transporting hazardous materials. This legislation could be included in the new lobbyist' s package that will be developed after the adoption of the budget for FY89-90. If the legislation to amend the Vehicle Code is proposed and passed, the County would need to designate parking areas for trucks used to transport hazardous materials. At this time, there is one "safe parking place" in Contra Costa County designated by the CHP for trucks transporting radioactive materials. "Safe parking place" as defined by * The Board may propose that legislation to amend the Vehicle Code to address the Hazardous Materials truck parking issue be included in next year ' s legislative package to our lobbyist. * The Board may direct County Counsel to develop language for an ordinance to prohibit trucks used to transport Hazardous Materials from parking in shopping centers. cc: Victor J. Westman, County Counsel Lillian T. Fujii, County Counsel Mike Walford, Public Works Leroy Vukad, Public Works Richard K. Rainey, Sheriff-Coroner Capt.Bill Shinn, Sheriff-Coroner Mark Finucane, Health Services Gabe Adebiyi, Environmental Health Harvey Bragdon, Community Development Jean Mesick, Community Development Pat Burke, County Administration Truck Parking Issues Attachment (Add to Vehicle Code) Vehicle Code § 31303.5. LLoal_regulation_of parkin of vehicles used for tr_a_nspgrta_tion__of_h_az_nr_dous materials or�waste reguirinK display, or placards or markings. Local authorities may, by ordinance, prohibit or restrict the parking or standing of loaded or unloaded vehicles used for the transportation of hazardous materials or waste for which the display of placards or markings is required pursuant to Section 27903, for periods in excess of one hour, except at approved or designated parking facilities. Such ordinance shall not be effective until appropriate signs are erected indicating the approved facilities and until for- mal notice of the ordinance or resolution is given to the Department of the California Highway Patrol. A violation of an ordinance adopted pursuant to this section shall be punishable as a misdemeanor.