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HomeMy WebLinkAboutClosed Session .",.'~_. " II' ~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 (.ry Oil rH.:::MO.~ Ci Dsed. 5e%1()/1 1.111 -0. o o o 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. JM/md ~, I ~ ' o. o o o c 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. C'" .~ ~( !.I.I o. o o o 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 ,I'll' o. o o o 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. '-'L_I__I_ -0.. o o o 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 .. ,0,. o o o 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. 1'1 .'.0, o o 0- 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; . . ." 0.111 ., "..0. o o o 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