Report Prepared by: Nathan McKinnon, Police Sergeant
Title
SUBJECT: Adoption of a Resolution to Increasing the Fine for Commercial Trucks Illegally Parked in Residential Districts
REPORT IN BRIEF
Considers adopting a Resolution approving the raising the bail schedule for commercial trucks illegally parking in residential areas, MMC 10.28.290, from $43.00 to $150.00 per citation.
RECOMMENDATION
City Council - Adopt a motion approving Resolution 2023-94, a Resolution of the City Council of the City of Merced, California, Rescinding Resolution No. 2010-95 and Establishing Parking Penalties and Charges and Authorizing the City Manager to Implement Administrative Policies and Procedures for Processing Parking Citations.
Body
ALTERNATIVES
1. Approve the request as recommended by staff or,
2. Deny the request; or,
3. Approve, subject to modifications as conditioned by Council: or,
4. Refer back to staff for reconsideration of specific items as requested by the City Council; or,
5. Defer action until a specific date.
AUTHORITY
California Vehicle Code Section 40203.5
DISCUSSION
Brief Background
The subject area, S. West Avenue and Stuart Drive, where the commercial truck parking is located was capped in 2002, then opened to the public in 2007 for commercial truck parking. The City opened the commercial truck parking lot as complaints from residents increased regarding semi-trucks and tractor trailers parking in residential zones and other areas throughout the City. Users parking in the commercial truck parking lot were not charged a fee. In April 2023 the City closed the truck parking and the trucks that used it were forced to relocate into residential neighborhoods. Due to the violation fee being $43.00 many truck drivers choose to accept the parking violation as is sits. They were able to receive between three citations per month and it was still less then the cost of the truck parking lot rental fee. By raising the violation cost to $150.00 per citation that will likely encourage trucks to use the secured truck parking lots to prevent citations.
Use of Existing Truck Parking Yards
Just outside of the Merced City Limits are three truck parking yards that have capacity for additional 24/7 secure truck parking. The truck parking yards include 1) Truck Storage Yard at 3310 Beachwood Drive, 2) Freedom Truck Yard at 788 E. Childs Avenue, and 3) Orbit Truck Yard at 2155 Cooper Avenue. The secured truck parking yards rent from $125.00 to $150.00 per month.
Staff recently reached out to the three commercial truck parking yard businesses confirming that space is available at each.
No Parking in Residential Areas
Per Section 10.28.290 of the Merced Municipal Code - Commercial vehicles in residential districts, are not allowed to park commercial vehicles in residential areas except for pickups or deliveries. The Code reads as follows, “No person shall park or leave standing any commercial vehicle, as defined in the Vehicle Code of the state, upon any street within any residential district of the city, if such vehicle has a manufacturer's gross vehicle weight rating of ten thousand pounds or more, for any purpose other than making pickups or deliveries of persons, goods, wares, and merchandise from or to any building or structure, located on such street or for any purpose other than delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon such street for which a building permit has previously been obtained. A residential district of the city is any area of the city which is classified as residential under the provisions of Title 18.
Since closing the commercial truck parking lot in the Airport Industrial Park, Merced Police Department has experienced an increase in complaints regarding commercial trucks parking in residential neighborhoods. Merced Police have issued citations to the illegally parked commercial trucks, but commercial truck parking remains an issue in residential areas.
Commercial Truck Parking Fines
With the increased amount of commercial vehicle traffic throughout the City of Merced, parking violations have increased 49% between 01/01/2021 thru 04/10/2022 and 04/11/2022 thru 09/20/2023. The city owned truck parking lot on West Ave was closed on 04/11/2022.
The current fine for Merced Municipal Code 10.28.290 Commercial Vehicles in Residential Districts (overweight-residential area) is $43.00. This fine has been in place for 12 years. It is recommended the fine be increased to $150.00. The rental cost for a truck parking lot is on average of $150.00 per month. The increased fine should curtail violations and encourage commercial drivers to park the vehicles in the authorized locations.
Current Bail Schedule
MMC 10.28.290 OVERWEIGHT - RESIDENTIAL AREA $ $43.00 12/07/2010 +22 days Notice Date + 15 days $ $43.00
MMC 10.28.290 OVERWEIGHT - RESIDENTIAL AREA $ $43.00 12/07/2010 +22 days Notice Date + 38 days $10.00
Proposed Bail Schedule
MMC 10.28.290 OVERWEIGHT - RESIDENTIAL AREA $ $150.00 12/04/2023 +22 days Notice Date + 15 days $ $150.00
MMC 10.28.290 OVERWEIGHT - RESIDENTIAL AREA $ $150.00 12/04/2023 +22 days Notice Date + 38 days $10.00
City Council Action
The City Council should adopt the Resolution found in Attachment 1 approving the Bail Schedule increase for MMC 10.28.290.
IMPACT ON CITY RESOURCES
No appropriation of funds is needed.
ATTACHMENTS
1. Resolution 2023-94