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~ITY OF SAN BEICNARDINO 0- MEMORANDUQ
To THE HONORABLE MAYOR AN~E~-~~Rl(
Subject Colton Truck Stop parki~~ P~l:~ p4 :23
From JOHN MATZER, JR.9'fY1
City Adrninistra~r
Date
January 4, 1985
Approved
Date
A meeting was held, per the City Council's instructions, between the
City staff and Mr. Merv Simchowitz and Jack Dietrich. Those in attendance
at the meeting included: Mr. Phil Elliott, City Manager of Colton; Mr.
Steve Edward, City Attorney of Colton; Mr. Jack Dietrich; Mr. Merv
Simchowitz; Mr. Mike Kunert, South Valle Citizens Advisory Board; Sandy
Lowder and E. James from the RDA; Ralph Prince and John Wilson from the
City Attorney's Office; Councilman Ralph Hernandez; Jean Cameron from the
Planning Department and Jack Matzer and Ray Schweitzer from the City
Administrator's Office. As a result of the meeting, the following
consensus was reached:
1. The RDA anticipates receiving bids within the next 30 to 60
days for the improvement of Hunts Lane. The bid opening for the
traffic signal at Redlands Boulevard and Hunts Lane is scheduled
for January 22.
2. Mr. Dietrich indicated as soon as the street improvement is 'completed,
he will construct a fence on the Hunts Lane side of his property
and will post the property for the exclusive use of customers of
the Dietrich International Truck Sales & Repair. He also indicated
that he will retain Acme Investigations to patrol the area in
order to ensure that only his customers will park there. Mr.
Dietrich also agreed to look into the feasibility of placing slag
and oil on his property. His lot is approximately 160,000 sq. ft.
of which 1/3 to 1/4 now has slag. The Redevelopment Agency agreed
to contact the City Engineering Department to determine the cost
of installin9 the slag and oil. Sandy Lowder also will look into
the feasibility of the RDA providing financial assistance to Mr.
Dietrich should it be necessary.
3. Mr. Phil Elliott, the City Manager of Colton, indicated that the
Colton Santa Ana Redevelopment Project, which will provide further
development of a truck stop, should be started within a minimum of
12. months. He indicated that 3 pieces of property must be obtained
through court action. Mr. Dietrich and the owner of the truck stop
will be the developers of the project. Mr. Elliott also agreed
to look into the feasibility of using sites in Colton for the
temporary parking of trucks.
4. Representatives of the City of San Bernardino and Colton agreed
that they would aggressively enforce the parking prohibition
on Hunts Lane. The Colton side currently is not posted but
Mr. Elliott indicated that he is going to have his City Attorney
investigate appropriate parking restrictions. It was agreed
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THE HONORABLE MAYOR AND COMMON COUNCIL
January 4. 1985
Page 2
that the Colton/San Bernardino Police Chiefs would work closely
on enforcement. Mr. Elliott indicated that. if necessary. he
would assign an officer for a 24 hour period to ensure enforcement.
The City Attorney's Office indicated that they would work closely
with the District Attorney and the courts on resolving the pros-
titution problem in the area.
5. The City Attorney's Office indicated that they have located a Los
Angeles towing firm that would be willing to tow trucks if necessary.
The name of the firm was given to Mr. Simchowitz who has been ex-
periencing a problem with illegal truck parking on his property. .
6. All of the parties involved agreed that they would continue to
meet in order to review progress toward the resolution of the problems
in the area.
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BERNARDINO
:100 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 112.18
RALPH H. PRINCE
city AtTORNEY
January 3, 1985
10.35, Opn. No. 84-53
Benjamin Gonzales
Chief of Police
Re: Liability, Removal of Vehicles from Private
Property, Fire Lanes
QUESTIONS
1. Can the City establish a tow away fire lane on the south
side of Redlands Boulevard near its intersection with Hunts
Lane?
2. Can the City establish a no parking zone with tow away
provisions at the same location under some other existing
provision of law?
3. If a no parking zone can be established, would the City
of San Bernardino be responsible for the contents of any
trucks towed away for violation of the no parking
prohibition?
4. Are there any applicable provisions of the San
Bernardino Municipal Code which prohibit the use of the 8
acre parcel at the corner of Hunts Lane and Redlands
Boulevard from being used as a parking lot?
FACTS
One corner of the property adjacent to the intersection of
Redlands Boulevard and Hunts Lane is unimproved, vacant
land. Large trucks are parking in this vacant area. The
property is owned by the operator of a truck stop across the
street from the location. The truck stop is in Colton. The
operator of the truck stop apparently has no interest in
keeping trucks off the vacant property. Large trucks are
also parking along the streets in the area.
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Benjamin Gonzales
Page 2
January 3, 1985
ANALYSIS
California Vehicle Code Section 21 states that:
"Except as otherwise expressly provided,
the provisions of this code are applicable
and uniform throughout the State and in all
counties and municipalities therein, and no
local authority shall enact or enforce any
ordinance on the matters covered by this
unless expressly authorized herein."
The State thereby preempts all regulation of traffic within
the State of California.
California Vehicle Code Section 22651 sets forth the
circumstances under which a vehicle may be removed from a
location pursuant to enforcement of a local parking
regulation. Vehicle Code Section 22651 provides in
pertinent part that:
"Any peace officer, . . . or any regularly
employed and salaried employee, who is
engaged in directing traffic or enforcing
parking laws . . . of a city . . . in which a
vehicle is located may remove a vehicle from
a highway. . . under. . . the following
circumstances:
* * *
(n) Whenever any vehicle is parked or left
standing where local authorities, ~
resolution or ordinance, have prohIDited
parking and-nave authorizea-the removal of
vehicles. No vehicle may be removed unless
signs are posted giving notice of the
removal." (Emphasis added.)
At San Bernardino Municipal Code Section 15.16.020 the City
has adopted the provisions of the 1982 Edition of the
Uniform Fire Code as the law of San Bernardino. Section
10.207 of the Uniform Fire Code provides in pertinent part:
"(a) Required Construction. Every
building hereafter constructed shall be
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Benjamin Gonzales
Page 3
January 3, 1985
accessible to fire department apparatus by
way of access roadways with all-weather
driving surface of not less than 20 feet of
unobstructed width, with adequate roadway
turning radius capable of supporting the
imposed loads of fire apparatus and having a
minimum of 13 feet 6 inches of vertical
clearance. . . .
(b) Obstructing. The required width of
access roadways shall not be obstructed in
any manner, including parking of vehicles.
NO PARKING signs or other appropriate notice,
or both, prohibiting obstructions may be
required and shall be maintained."
The City, through this section, has the authority to
establish fire lanes and to prohibit parking where such is
required to provide the minimum access necessary for fire
apparatus as set forth in Section 10.207 of the Fire Code.
If the establishment of a tow away fire lane is needed to
guarantee "20 feet of unobstructed width" along Redlands
Boulevard near its intersection with Hunts Lane, then the
establishment of a tow away fire lane is appropriate. If
not, then a tow away lane will have to be established
pursuant to some other provision of law. It is our
understanding that a truck parked at or near the curb on
Redlands Boulevard would still leave far more than twenty
feet of unobstructed roadway.
San Bernardino Municipal Code Section 10.16.010 provides in
pertinent part:
"A. Whenever the Mayor and Common Council
by resolution determine that any street,
alley, or portion thereof, or other property
owned, leased, operated, or controlled by the
City shall be restricted or limited as to
time or purpose of parking thereon, the
Director of Public Services shall cause signs
or markings giving adequate notice thereof to
be placed and maintained on such street,
alley or other property indicating such
limitations or purposes as may be provided in
such resolution.
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Benjamin Gonzales
Page 4
January 3, 1985
B. After the sign or marking has been
placed pursuant to this section, it is
unlawful for any driver of any vehicle to
park such vehicle on such street, alley, or
portion thereof, or other property for a time
longer or for a purpose other than is
indicated on the sign or marking, or contrary
to the restriction indicated on the sign or
marking."
San Bernardino Municipal Code Section 10.16.020 provides
that:
"A. Whenever the Common Council
determines by resolution that the stopping,
standing or parking of any vehicle upon any
street, alley, or portion thereof, or upon
other property owned, leased, operated, or
controlled by the City, will create a traffic
hazard or tend to create traffic congestion,
the Director of Public Services shall
indicate, or cause to be indicated, such
place or places by appropriate signs, or he
shall place or cause to be placed and
maintained red paint upon the entire curb
surface of such street, alley, or portion
thereof, or of such property, and it
thereafter is unlawful for the driver of any
vehicle to stop, stand or park such vehicle
on any such street, alley, or portion
thereof, or other City property in violation
of such signs or red paint."
Upon the appropriate determination by the Mayor and Common
Council, either of the provisions of the San Bernardino
Municipal Code set forth above can be the legal basis for
the limitation or elimination of parking along Redlands
Boulevard. Such action would require a specific Council
resolution determining the area to be a "tow away" zone,
with vehicles parked there subject to removal, and directing
the Director of Public Services to post notice of the
removal provisions.
Where a limited parking or no parking zone has been properly
established, the local Police have the authority pursuant to
Vehicle Code Section 22652(d) to tow away vehicles found
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Benjamin Gonzales
Page 5
January 3, 1985
improperly parked in said zone, in the manner set forth in
California Vehicle Code Section 22850. This section
provides that:
"Whenever an officer or employee removes a
vehicle from a highway, or from public or
private property, unless otherwise provided,
he shall take the vehicle to the nearest
garage or other place of safety or to a
garage designated or maintained by the
governmental agency of which the officer or
employee is a member, where the vehicle shall
be placed in storage."
Upon the removal of a vehicle by an officer pursuant to an
enforcement of the law prohibiting parking in a properly
established limited parking or no parking zone, the Police
Department or other authority effectuating such removal
becomes the "involuntary bailee" of the vehicle and its
contents.
"It is said that upon police impoundment of
an automobile, the police undoubtedly become
'an involuntary bailee of the property and
responsible for the vehicle and its contents'
(Citatins)." Peo~le v. Andrews (970) 6
Cal.App.3d 428, 4 3, HJ Cal.Rptr. 908.
As an involuntary bailee, the authority has voluntarily
undertaken possession of the property in question; however,
the owner of the property has not voluntarily placed the
property in that authority's possession. The authority in
this situation, has all the obligations of a voluntary
bailee to the owner of the property.
". . . a bailee is responsible for the
loss of or damage to the property bailed
resulting from his failure to exercise that
degree of care called for by the class of
bailment in question." (9 Cal.Jur.3d,
Bailments, Section 34.)
"Class of bailments" refers to the distinction between
property that has been voluntarily placed with the bailor
for the use of the bailor by the bailee and property that
has been placed with the bailee for safekeeping.
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Benjamin Gonzales
Page 6
January 3, 1985
It. . . a bailee is not an insurer of goods
left in his possession, and it is the general
rule that when the subject of a bailment is
lost, destroyed, or damaged by accident,
without any fault on the part of the bailee,
the loss must fall on the bailor. Thus, the
bailee is not responsible where goods are
stolen from him without his fault or neglect.
And he is not responsible for damage caused
by the negligence or other wrongful acts of
third persons who are not his agents or
employees or acting as independent
contractors of his choice in carrying out
work he had contracted to perform on the
bailed property." (9 Cal.Jur.3d, Bailments,
Section 34.)
As an involuntary bailee of any trucks which would be
impounded pursuant to a violation of the prohibition on
parking, the City would be liable for any damages to the
vehicle or its contents which were a proximate result of the
City's negligence.
In response to the final question, given the facts as set
forth, it appears that the owner of the vacant property at
Redlands Boulevard and Hunts Lane may be using the parcel to
provide overflow parking for the truck stop. As such, the
use is a violation of San Bernardino Muncipal Code Section
19.56.380 which provides, with respect to parking, that:
"All areas shall be surfaced or paved with
asphaltic concrete, concrete or other
bitulithic sufacing acceptable to the
Commission and shall thereafter be maintained
in good condition."
If the owner of the vacant land does not possess the proper
permits to use the land as a parking facility or truck stop,
such use may constitute a violation of San Bernardino
Municipal Code Section 19.82.020, which provides that:
". . . any use of land . . . conducted or
operated or maintained contrary to the
provisons of this title, is unlawful and a
public nuisance; . . ."
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Benjamin Gonzales
Page 7
January 3, 1985
As further provided in Chapter 19.82 of the San Bernardino
Municipal Code a violation of Section 19.56.380 is
punishable by penalties. Moreover, the City Attorney can
commence a civil action to abate the violation.
CONCLUSIONS
The Mayor and Common Council may establish a tow away fire
lane or a no parking zone along Redlands Boulevard or Hunts.
Lane, with tow away provisions. Action can be taken to
prevent the use of the vacant property at Redlands Boulevard
and Hunts Lane as a parking lot or truck stop. The City
would be liable to the owner of a truck towed away from a
properly established no parking area only if the City was
negligent.
Re/.iectfullY submitted,
J 7{, li~
eputy City Attorney
JFW:dp
cc Mayor
City Administrator
City Clerk
Concur:
,~~!t)~/4Z1CZc~/
Ci ty Attorney