Councilmember Campbell has requested consideration by Council under the one-step/two-step process of a possible ordinance restricting the idling time of diesel trucks in residential or residentially adjacent neighborhoods.  According to the Council�s process, this matter is to be first placed on the agenda at a Council meeting for consideration by the full Council before any significant staff work on the issue is to be done.

Should the Council determine that it wishes to go forward and direct staff to prepare an ordinance regarding this subject, several issues should be considered.  First, if the purpose of any such proposed restriction is to control vehicle emissions or if its primary effect is to regulate vehicle emissions, this is outside the authority of the City. (Health and Safety Code � 40000 gives local authorities the ability to regulate emissions with the exception of vehicle emissions. Vehicle emissions are extensively regulated by both the state and federal authorities.)   Another method of addressing the problem may be through noise regulations (however, these are quite difficult to enforce) or time restrictions on the actual loading/unloading/deliveries, which would be a more traditional zoning/planning type regulation. 

Recommendation:

The City Council should direct staff according to its wishes.

c:         Mary Alvord, City Manager

            Dave Newsham, Assistant City Manager

            Bruce Feng, Director of Public Works

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