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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subject:
Ordinance amending Section 10.16.120 of the
San Bernardino Municipal Code relating to
prohibiting parking of motor trucks in the
residence district.
From:
James Sharer, Director
Dept:
Facilities Management
Date:
April 13, 2009
MICC Meetin~ Date:
April 20, 2009
Synopsis of Previous Council Action:
04-06-09
03-03-09
11-06-01
Public Hearing and First Reading of Ordinance, held over to April 20 meeting for
Final adoption.
Recommended for approval by the Legislative Review Committee
Ord MC-II 07 Ordinance amending Section 10.16.120 of the San Bernardino
Municipal Code relating to prohibiting parking of motor trucks in the residence district.
Recommended Motion:
Contact person:
James Sharer
James . Sharer
Director of Facilities Management
Phone: 384-5244
That said ordinance be adopted.
Supporting data attached:
Staff Report
Ward(s):
All
FUNDING REQUIREMENTS:
Amount: Additional revenue of
$18,000 annually, starting FY09/10
Source:
Barbara Pachon
Director of Finance
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Ordinance of the Mayor and Common Council of the City of San Bernardino modifYing MC
Section 10.16.120, prohibiting parking of motor trucks in the residence district.
BACKGROUND
The Facilities Management Department oversees the Parking Enforcement Division of the City.
This division issues parking citations for violations set forth in the Municipal Code and
California Vehicle Code. Penalties for these violations are set forth by the governing body of
the jurisdiction where the violation is issued (CVC 40203.5.a).
Staff was asked to resolve the issue of commercial vehicle parking on a citywide basis. This
has been an ongoing problem in the City, and is now exacerbated by recent studies citing the air
pollution levels in the City and the ill-affects of particulate matters from diesels on its residents.
Commercial vehicles that park on these commercial corridors adjacent to residential houses
typically leave their vehicles idling for extended periods, creating an unhealthful environment.
The California Air Resources Board performed a Health Risk Assessment for the 16 most
heavily polluted rail yards in the State. The San Bernardino BNSF Rail yard finished 2nd in
pollution levels and I st in community risk, due to the large number of residents living in the
immediately surrounding area. The cancer risk, on average, is approximately 100-500 cases
per million; at the SB Rail yard the risk is 2,500 cases per million. Additionally, approximately
25% of the pollution generated in and around the rail yard comes from the drayage (or 18-
wheeler) trucks that enter, exit and park around the facility; this amounts to roughly 5.5 tons of
Diesel Particulate Matter emissions per year. All of this information comes from the CARB
Health Risk Assessment.
Staff performed a review of commercial vehicle parking violations in the following cities in the
east valley area:
Redlands Rialto
Rancho Cucamonga
Riverside
The current Ordinance regulates commercial vehicle parking in residential districts only. All
five of the cities surveyed had commercial vehicle parking ordinances that applied to
residential and non-residential districts, and all five cities had higher fines for commercial
vehicle parking infractions, ranging from $75.00 to $260.00. The amended Municipal Code
section 10.16.120 will bring the City of San Bernardino in line with ordinances in other cities,
and potentially resolve most if not all of the current commercial vehicle parking issues. The
Legislative Review Committee asked that staff further review the possibility of a sliding scale
for penalties, which would rise with each additional violation. This investigation is ongoing and
will be brought back to the Legislative Review Committee if feasible. In the meantime, a
separate action on this same agenda will set the fee at $260.00 upon the effective date of the
new ordinance.
Fontana
The Public Hearing and First Reading for this Ordinance was held on April 6, 2009, in regards
to the definition of a residential district. The City desires to use California Vehicle Code (CVe)
Section 22507 .5( c), which allows the City to define a residential district in accordance with its
zoning ordinance. To use this section of the CVC, a Public Hearing in accordance with
Government Code Section 65090 must be held for input from interested parties. The City's
zoning ordinance is a much clearer definition of residential district than the standard definition
contained in CVC Section 515. Notice of the Public Hearing was published in the San
Bernardino Countv Sun newspaper on March 27,2009, in accordance with Government Code
Section 65090.
FINANCIAL IMPACT
Implementing the increase noted above would net the City an increase of $18,000 per year
starting in FY 09/1 O. This additional revenue was factored into the budget measures adopted in
February 2009.
RECOMMENDA nON
That said ordinance be adopted.
From:
Dept:
Facilities Management
Date:
March 16,2009
MICC Meetin~ Date:
April 6, 2009
Synopsis of Previous Council Action:
03-03-09
11-06-01
Recommended for approval by the Legislative Review Committee
Ord MC-ll07 Ordinance amending Section 10.16.120 of the San Bernardino
Municipal Code relating to prohibiting parking of motor trucks in the residence district.
Recommended Motion:
That the hearing be closed and that said ordinance be laid over for final Pt2i
James W. Sharer
Director of Facilities Management
Contact person: James Sharer Phone: 384-5244
Supporting data attached:
Staff Report
Ward(s):
All
FUNDING REQUIREMENTS:
Amount: Additional revenue of
$18,000 annually, starting FY09/10
Source:
Barbara Pachon
Director of Finance
Council Notes:
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L//ZO /01"
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT
Public Hearing regarding an Ordinance of the Mayor and Common Council of the City of San
Bernardino modifying MC Section 10.16.120, prohibiting parking of motor trucks in the
residence district.
BACKGROUND
The Facilities Management Department oversees the Parking Enforcement Division of the City.
This division issues parking citations for violations set forth in the Municipal Code and
California Vehicle Code. Penalties for these violations are set forth by the governing body of
the jurisdiction where the violation is issued (CVC 40203.5.a).
Staff was asked to resolve the issue of commercial vehicle parking on a citywide basis. This
has been an ongoing problem in the City, and is now exacerbated by recent studies citing the air
pollution levels in the City and the ill-affects of particulate matters from diesels on its residents.
Commercial vehicles that park on these commercial corridors adjacent to residential houses
typically leave their vehicles idling for extended periods, creating an unhealthful environment.
The California Air Resources Board performed a Health Risk Assessment for the 16 most
heavily polluted rail yards in the State. The San Bernardino BNSF Rail yard finished 2nd in
pollution levels and I st in community risk, due to the large number of residents living in the
immediately surrounding area. The cancer risk, on average, is approximately 100-500 cases
per million; at the SB Rail yard the risk is 2,500 cases per million. Additionally, approximately
25% of the pollution generated in and around the rail yard comes from the drayage (or 18-
wheeler) trucks that enter, exit and park around the facility; this amounts to roughly 5.5 tons of
Diesel Particulate Matter emissions per year. All of this information comes from the CARB
Health Risk Assessment.
Staff performed a review of commercial vehicle parking violations in the following cities in the
east valley area:
Redlands Rialto
Rancho Cucamonga Fontana
Riverside
The current Ordinance regulates commercial vehicle parking in residential districts only. All
five of the cities surveyed had commercial vehicle parking ordinances that applied to
residential and non-residential districts, and all five cities had higher fines for commercial
vehicle parking infractions, ranging from $75.00 to $260.00. The amended Municipal Code
section 10.16.120 will bring the City of San Bernardino in line with ordinances in other cities,
and potentially resolve most if not all of the current commercial vehicle parking issues. The
Legislative Review Committee asked that staff further review the possibility of a sliding scale
for penalties, which would rise with each additional violation. This investigation is ongoing and
will be brought back to the Legislative Review Committee if feasible. In the meantime, a
separate action on this same agenda will set the fee at $260.00 upon the effective date of the
new ordinance.
The Public Hearing for this Ordinance is in regards to the definition of a residential district.
The City desires to use California Vehicle Code (CVC) Section 22507.5(c), which allows the
City to define a residential district in accordance with its zoning ordinance. To use this section
of the CVC, a Public Hearing in accordance with Government Code Section 65090 must be
held for input from interested parties. The City's zoning ordinance is a much clearer definition
of residential district than the standard definition contained in CVC Section 515.
FINANCIAL IMPACT
Implementing the increase noted above would net the City an increase of $18,000 per year
starting in FY 09/1 O. This additional revenue was factored into the budget measures adopted in
February 2009.
RECOMMENDA nON
That the hearing be closed and that said ordinance be laid over for final adoption.
1
ORDINANCE NO.
(C~[PV
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
10.16.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
3 PROHIBITING PARKING OF MOTOR TRUCKS IN THE RESIDENCE DISTRICT.
4
The Mayor and Common Council of the City of San Bernardino do ordain
5 as follows:
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SECTION 1. San Bernardino Municipal Code Section 10.16.120 is amended to
read as follows:
10.16.120: PARKING OF COMMERCIAL VEHICLES PROHIBITED ON PUBLIC
STREETS AND RIGHTS-OF WAY; EXCEPTIONS.
A. No person shall park or stand any commercial vehicle, truck tractor, semitrailer or
trailer having a manufacturer's gross vehicle weight rating of ten thousand (10,000)
pounds or more, on any street, alley or parkway in any residential district, or on any
11 residentially zoned property in the city.
B. No person shall park or stand any commercial vehicle, truck tractor, semitrailer or
12 trailer having a manufacturer's gross vehicle weight rating of ten thousand (10,000)
pounds or more for a continuous period of time in excess of two (2) hours on any
13 street, alley or parkway in any nonresidential district of the city. Each consecutive
two (2) hour period shall be considered a separate violation for the purpose of this
subsection.
14 C. The provisions of this section shall not apply to:
15 1. Any vehicle or trailer component thereof, making pick ups or deliveries of goods,
wares or merchandise from or to any building or structure located on the restricted
streets and highways, 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 streets or highways for which a building permit has
previously been obtained;
2. Any vehicle parked in connection with and in the aid of the performance of a
service to or on a property in the block in which said vehicle is parked;
3. Any passenger bus under the jurisdiction of the public utilities commission;
4. Any vehicle owned by a public utility or licensed contractor if necessary for use
in connection with the installation or repair of any public utility;
5. Any vehicle owned by the city, county, state or licensed contractor engaged in
the installation, maintenance or repair of any public property, utility or highway;
6. Any authorized emergency vehicle as defined by the California Vehicle Code.
22 D. For the purpose of this section, the term residential district shall mean any single-
family or multiple-family zoning district in the city. The California Vehicle Code
23 section 22507.5(c) allows the local authority to define, by ordinance, the term
residential district in accordance with its zoning ordinance.
24 E. Any commercial vehicle, truck tractor, semitrailer or trailer having a manufacturer's
gross vehicle weight rating of ten thousand (10,000) pounds or more left parked or
standing on any street, alley or parkway in excess of twenty four (24) hours may be
towed away pursuant to California Vehicle Code section 22651(n).
26 F. Any person who violates any of the provisions of this section shall be guilty of an
infraction.
27 IIIII
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l(-b-O'1
:If:J~
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
10.16.120 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO
2 PROHIBITING PARKING OF MOTOR TRUCKS IN THE RESIDENCE DISTRICT.
3
4
1
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
meeting
5
thereof, held on the _ day of
6
7
8
, 2009, by the following vote, to wit:
Council Members: AYES
NAYS
ABSTAIN ABSENT
ESTRADA
18 The foregoing ordinance is hereby approved this
2009.
day of
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Patrick J. Morris, Mayor
City of San Bernardino