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May 05, 2004


Construction Industry Advancement Fund and CDTOA

Dear Trustees and CDTOA EC:

Following are some of the major issues your Industry Transportation Consultant has been dealing with to date.

Caltrans has approved our request from November 8, 2003, to the current Reducible Load Policy. Currently if you are a permitted self-propelled vehicle, you are restricted from towing anything behind. The following was approved, "Self Propelled single permit vehicles may tow a legal size motorized vehicle" and has also agreed that a trailer would also be allowed in the place of a vehicle. The limitations would be that the trailer would not exceed legal weight, height and width. This will be implemented approximately June 9, 2004.

Caltrans has also approved another significant change to our Industry in regards to Tridem Axle Weights. It was requested that Caltrans allow #60,000 based on certain configurations, 15% of chart weight was approved. This will help most anyone with portable plants, such as crushers and hot plants. This will be implemented approximately June 9, 2004.

Caltrans has also approved our request from November 8, 2003, that the Annual Permit Policy be reviewed and no longer require an Original Annual Permit. Currently you are required to have the original Annual Permit in the drivers cab. When the new Transportation Permit Management System (TPMS) is implemented, Caltrans will no longer require an original. They expect the TPMS system to be in place approximately December 2004.

Caltrans agreed to review our request from November 8, 2003, that Hours of Travel 24 / 7 are being reviewed and considered for approval, to be implemented by this summer.

The County of San Bernardino has responded to our request to have their summer Desert Restriction reviewed, "Overweight travel is permitted on County desert roads only from 12:01 am until 10:00 am from June 1 through October 15". This restriction is due to heat and according to the weather statistics, there maybe a few hot days in certain areas, but not a reason to just stop all travel throughout the County for an entire 4 ½ months. Caltrans doesn't allow overweight movement until 3:00 am, which restricts our Industry even more. This also means that every overweight load for this 4 ½ month period will need to obtain a single trip permit.

The County of San Bernardino is the largest county in the continental United States. Containing over 20,000 square miles, it covers more territory than the states of Delaware, New Jersey, Rhode Island and Massachusetts combined. Of the 2,825.90 miles of road in the San Bernardino County Maintained Road System approximately 533.37 are

still unpaved The Desert Region contains ninety percent of the total land area in the county which puts restrictions on our Industry and 18,000 square miles which contains County roads.

We requested a list of problem roads that the county feels are not intended for truck traffic and the County has requested that we provide a list of roads that are important routes to the trucking industry. This list has been compiled and being reviewed by Industry.

City of Colton's City Council will lower their permit fees to be consistent with C.V.C. 35795 (b) and not charge in excess of Caltrans. The City has been charging $120.00 for Annual Permit and our Industry should have only been charged $90.00. The City has agreed to request City Council for an ordinance change to revise their current annual permit policy to allow more height, weight, night and weekend travel.

The County of Riverside Board of Supervisors meeting on April 6, 2004.
Agenda item 3.1 Supervisor Tavaglione:
Authorization for Transportation Director to commence a countywide study dealing with semi and service truck parking particularly in and around residential neighborhoods.

I was contacted by the County Transportation Department to see if this would impact our Industry. I stated that we do have some concern and would like to be included in any and all meetings. The request was appreciated and they will keep us informed.

The City of Santa Paula has started leaving warnings on any vehicle over ¾ ton vehicle in a resenditial area.
The City Ordinance 72.17 PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS.

(A) It is unlawful to park any vehicle of a rated size of more than three-fourths of one ton, special construction equipment, implement of husbandry or any trailer not connected to a vehicle on any street or highway in any residential area for a period of more that five hours or more that the time reasonably necessary to carry out such work or service as reasonably requires the presence of such a vehicle in the residential area, whichever is longer.


A member contacted me, that one of his employees was given a warning. We have requested a review of this ordinance and to take into consideration there are residents that drive vehicles that exceed three-fourths of one ton for business and pleasure. Our Industry employees a great number of people that are supplied with company vehicles to get to their jobs daily. These trucks are supplied with both company and personal property. The tools that are carried on these vehicles are their livelihood and they are only going to be safe where they can see them and that is sometimes difficult. To force residents that have purchased homes within those residential areas to now park their vehicle somewhere else could be devastating and would leave them more vulnerable to those thieves that already prey on our Industry.

The Coachella Valley: We are continuing meetings with local officials on our proposal for uniform legal truck routes throughout Riverside County. The Desert Contractors Association, DCA has been very instrumental in our efforts. With assistance from Ken Wood of Elms Equipment of Indio, a DCA member, meetings have been arranged to help educate localities of the trucking industry's needs.

We are seeing that each city is unique and has it's own but similar situations and would rather not have trucks on their / our roads. They just haven't figured out how they can keep up their quality of life with the shelves empty at their local supermarket or hardware store. Trucks are a necessity, there isn't anything at home or in your office that isn't shipped on a truck and we need to work together to keep commerce flowing smoothly. Residents would rather have trucks travel on their neighbor's streets and contribute to the already growing Air Quality problem. We need to continue to educate localities and their elected officials on the following.

  • Our Economy is being affected because currently trucks must to take longer routes. This means business, consumers, and the economy are suffering.
  • Our Air Quality is being impacted because legal trucks that must take longer routes are increasing emissions. This negatively affects air quality - a major concern in Southern California.
  • Our Traffic Congestion will be reduced because legal trucks will have shorter routes to travel
    rather being limited to only minimal routes.
  • TRAFFIC DEATHS are reduced by fewer miles traveled.
  • SAFETY will be enhanced through uniformity

City of Beverly Hills Through the building permit issued to the owner the City requires all construction related trucking, picking up or dropping off construction related equipment, or materials to have a Police Escort at a cost of $50.00 an hour. The Contractor is issued the permit, which he then gives to his sub-contractor to use and follow the restrictions. The Sub-Contractor would have to call the Police Department and make arrangements for an Escort in and out of the City. You would have to wait at the City limits for the officer to escort you to the jobsite, whether you are empty or loaded.
The City has now reviewed their policy and has lifted the restrictions from legal width to 10' wide within certain areas of the City - actually about 2/3rds of the City. In most of the area north of Sunset Blvd you are still required to have a Police Escort for all loads. There is a map available at your request.

City of Whittier's, City Council has passed the new permit fee proposal and agreed to lower the permit fees from $125.00 to $16.00. The City recently hired a private consultant to review all the permit fees for the city. Will issue 5-10 permits a day and were hoping to generate $141,000.00 in extra revenue over the next year with this increase from our Industry. They have also agreed to begin issuing Annual Permits. The city currently doesn't allow faxing, so Industry must send a runner to pick up permits in person. The issuance of annuals will lessen the burden. This has been rescheduled for City Council and passed. Another significant savings to our Industry continuing well into the future.

The City of Los Angeles has required for years, that operators be certified and licensed. We have requested, the City of Los Angeles accept OSHA's certification as meeting their requirements and not have to re-certify operators. The City will continue to require our Industry to have Crane Operators licensed through the City's current program and it would require the ordinance to be changed.
Ordinance Sec. 97.0102 (a) (eff. 11/30/69)
The Department shall have authority and jurisdiction over all boilers, pressure vessels, hoists, cranes, monorails, shovels, draglines, road rollers, locomotives and tractors, any of which shall be operated by steam, air, gas, gasoline, electricity or diesel or semi-diesel engines, and over all steam engines or turbine or multiple units thereof, developing 50 horsepower or more, and shall inspect and license the use and operation of any of said apparatus, machinery or equipment as hereinafter provided.
We are requesting that the City change their current ordinance to reflect the new OSHA mandate that supercedes the City requirements and makes this redundant for both the City and the Industry.

Assembly Bill No. 939

I recently attended meetings conducted by Construction Materials Recycling Association of Southern California (CMRA) and the Southern California National Association of Demolition Contractors (SCNADC)

Demolition Contractors, recycle and reduce waste on almost all their projects as waste reduction, recycling is a major part of their business. The Demolition Contractors recycle materials such as wood, bricks, steel / metals, electrical equipment, fixtures, concrete, asphalt, green waste and trees. Our Industry has been burdened by major cost on all demolition projects and they are going to continue to increase unless we as an Industry begin to educate all localities on our recycling objectives. Localities are comparing our Industry with the curbside Trash Industry and we need them to understand that our Industry has been recycling for years without their knowledge of how we are reducing waste. Landfills are currently increasing tipping fees and reducing daily tonnage allowances which will affect our everyday projects. We need to be proactive on this issue or we are going to be broadsided in the end.


AB 939 approved by the Governor September 29, 1989. Solid waste management, source reduction, recycling, composting, and market development. The bill would provide for permit fees, disposal fees, and other charges levied by the board and the State Board of Equalization, and the bill would require that revenue be deposited in the Solid Waste Management Fund, which would be created by the bill, to pay, upon appropriation by the Legislature, for the regulation of solid waste facilities, as defined.

Cities and Counties were mandated to reduce the solid waste currently disposed into landfills. In 1990, the municipalities had to report their current consumption into the landfills and then they had until 1995 to reduce the waste by 25% and then by 2000, to be reduced 50%. There are administrative civil penalties of not more than ten thousand dollars ($10,000) per day on any city or county, which fails to submit an adequate plan in accordance to the planning requirements.

Our Construction Industry falls under this Solid Waste Management Program. The following Construction and Demolition materials were classified in the waste character study, Concrete, Asphalt paving, Asphalt roofing, Lumber, Gypsum wallboard, Rock, Soil, Fines, Composite C & D.

This problem is not just the Demolition Contractors, but also any contractor with debris that is generated from their jobsite who will have to follow these guidelines.

Some cities that are taking it a step further and have contracted Franchise Haulers for their cities. Some cities allow you to use your own trucks, but then some do not. Some cities charge a percentage surcharge on top of the dump fees and some do not.

AB 939 is 14 years old but has not been enforced up until recently
and is now part of the CA. Public Resources Code Division 30.

  1. Waste Management Code. C. Waste Management, Part 2. Integrated Waste Management, Chapter 8. Local Fee Authority, Section 41900-41904. This Part was created as a result of AB 939, which passed in 1989 (City & County Demonstration of Funding Sources) This section specifically states:
    41902. A local agency may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county.


Political subdivisions have too much latitude on how they want fees to be collected, even by a waste hauler. We believe that legally licensed motor carriers should be an exempt type of hauler because, 1.) They are part of the motor carrier permit program and already taxed. 2.) They contribute significantly to the recycling program outlined within this Part and 3.) They have no origination interest in the recycled demolition construction materials. Due to these factors these types of carriers should be exempted from these fees or the collection of fees. All fee burdens should fall solely on property owners.


Our Industry needs to educate localities on how we can partner with them to meet their recycling requirement. There is an opportunity to take a proactive position in this looming problem.


Sincerely,


Gregory D. Dineen
Industry Transportation Consultant

Cc: John Hakel, AGC Jim Burton, SCCA
Gary Futral, ECA Seth Hammond, MCOG
Richard Lambros, BIA Lee Brown, CDTOA
Aimee Shook, DCA

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