BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 61
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          Date of Hearing:  May 8, 2013

                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
                           K.H. "Katcho" Achadjian, Chair
                   AB 61 (Gatto) - As Introduced:  January 7, 2013
           
          SUBJECT  :  Parking: parking meters.

           SUMMARY  :  Prohibits, until January 1, 2017, a local authority,  
          by ordinance or resolution, from prohibiting or restricting the  
          parking of vehicles in a space that is regulated by an  
          inoperable parking meter or inoperable parking payment center,  
          and makes conforming and technical changes.

           EXISTING LAW  :

          1)Allows local authorities to establish parking meter zones and  
            to fix the parking fee for such zones by ordinance.  

          2)Allows, except as provided below, a vehicle to park, for up to  
            the posted time limit, in any parking space that is subject to  
            an inoperable parking meter or an inoperable parking payment  
            center.

          3)Allows local authorities, by ordinance or resolution, to  
            prohibit or restrict the parking of vehicles at inoperable  
            parking meters or inoperable parking payment centers.  

          4)Provides that no ordinance or resolution adopted by a local  
            authority pursuant to the above provision shall become  
            effective until signs or markings giving adequate notice of  
            the restriction or prohibition on parking have been placed at  
            parking locations, parking meters, or parking payment centers.

          5)Defines "inoperable parking meter" to mean a meter located  
            next to and designated for an individual parking space, which  
            has become inoperable and cannot accept payment in any form or  
            cannot register that a payment in any form has been made.

          6)Defines "inoperable parking payment center" to mean an  
            electronic parking meter or pay station serving one or more  
            parking spaces that is closest to the space where a person has  
            parked and that cannot accept payment in any form, cannot  
            register that a payment in any form has been made, or cannot  
            issue a receipt that is required to be displayed in a  








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            conspicuous location on or in the vehicle.

           FISCAL EFFECT  :  None

           COMMENTS  :   

          1)This bill prohibits local authorities from adopting ordinances  
            or resolutions that prohibit or restrict parking in a space  
            regulated by an inoperable parking meter or inoperable parking  
            payment center.  This prohibition would be in effect until  
            January 1, 2017.  This bill is sponsored by the author.

          2)SB 1388 (DeSaulnier), Chapter 70, Statutes of 2012,  
            established a general rule that a vehicle owner may park  
            without penalty in any parking space where the parking meter  
            or parking payment center is inoperable for up to the posted  
            time limit, but allowed a city or a county to adopt a  
            different rule if it provides adequate notice of the rule at  
            the parking locations, or the parking meter or payment kiosk.

            In response to SB 1388, the League of California Cities  
            surveyed its members on their practices and reported the  
            following results: many small cities do not have parking  
            meters at all; in cities that do have meters, some ticket for  
            parking at a broken meter, and some do not; and, among cities  
            that ticket at a broken meter, most will dismiss the ticket  
            unless there is some kind of pattern that indicates mischief.

          3)According to the author's office, "Last year, the California  
            Legislature unanimously passed SB 1388 (DeSaulnier), which  
            allowed parking at spaces controlled by inoperable parking  
            meters or pay stations for up to the maximum posted time limit  
            if no local ordinance had been adopted to prohibit it.  Though  
            the law was intended to provide relief to motorists who found  
            themselves ticketed through no fault of their own due to a  
            broken meter, some cities have taken advantage of a loophole  
            in the law that allows local governments to continue to ban  
            parking in these spaces so long as there are signs posted to  
            alert the public.

            "In wake of last year's measure, the City of Los Angeles  
            recently passed an ordinance that took advantage of this  
            loophole and upheld the city's policy of ticketing drivers who  
            park in spaces with broken parking meters.  A recent  
            investigation by the NBC affiliate in Los Angeles found more  








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            than 17,000 parking tickets were issued in a single year for  
            meters that were reported as malfunctioning in Los Angeles  
            alone, costing motorists untold amounts in fines for  
            circumstances beyond their control."

          4)While current law generally allows motorists to park at an  
            inoperable meter or kiosk, it also allows local jurisdictions  
            the flexibility to adopt their own policies, so long as  
            adequate notice is provided to the public via signs or  
            markings at the parking location.  This bill departs from this  
            policy for a three-year period, after which current law would  
            resume unless the sunset is extended or removed.

          5)According to a July 5, 2012, article in the Los Angeles Times,  
            the City of Los Angeles issues 2.5 million parking citations  
            every year.  Last year, the city increased fines for the sixth  
            time in seven years, which is expected to generate an extra  
            $8.4 million for the city's general fund.  An editorial  
            published on February 15, 2013, in the Los Angeles Times urged  
            local action on the issue, noting the adverse impact of the  
            fines on low-income individuals and those who live in  
            neighborhoods with scant street or garage parking.  The  
            editorial reported that parking tickets generate $150 million  
            in annual revenues for the city.

            The February 15 editorial also noted irregularities with the  
            private company, Xerox State and Local Solutions, that  
            operates the city's Parking Violations Bureau, stating, "Since  
            Xerox took over, a group of people in the city says the  
            company has been trying to keep more parking revenue by  
            stonewalling attempts to fight tickets?(one individual) filed  
            a class-action lawsuit in January, claiming Xerox doesn't  
            really consider their cases but just sends form letters  
            stating that their appeals have been rejected.  Then, when  
            motorists try to appeal to the Department of Transportation,  
            Xerox slaps them with late payment fees and penalties.

            "The city's data on tickets seem to back up (the class-action  
            litigant's) claim that Xerox is rejecting too many appeals.   
            Last year, the city dismissed thousands of tickets after Xerox  
            had rejected the drivers' appeal - vindicating the small  
            percentage of intrepid souls who managed to bring their case  
            to City Hall."

          6)The Automobile Club of Southern California, in support, states  








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            that "several cities, including Los Angeles, have adopted  
            ordinances prohibiting the parking at inoperable parking  
            meters.  This can hurt businesses, which rely on those spaces  
            being available to their customers.  It also hurts motorists  
            that rely on metered parking and seems contrary to the purpose  
            of metered parking, which is to reasonably allocate a scarce  
            resource (parking) so that it benefits many users.  We also  
            note that the newer multi-payment method meters evidently  
            break less often and report problems electronically to the  
            city, which should allow city officials to quickly fix them.   
            Finally, we think it is in the best financial interests of the  
            city to fix meters quickly.  A prohibition on parking does not  
            further any of these goals."

            Consumers for Auto Reliability and Safety, in support, also  
            note that cities "may have a perverse incentive not to repair  
            (meters and payment centers) in a timely fashion, as they may  
            collect more for parking tickets than for parking fees."

          7)The City of Sacramento, in opposition, states that  
            "jurisdictions across the state have enacted ordinances  
            related to parking meters, and many are specific to broken  
            parking meters.  Last year, cities were pleased to work with  
            the author and sponsors of SB 1388?to clarify that drivers are  
            allowed to park at a broken parking meter unless a local  
            ordinance provides a different policy.  In order to avoid  
            additional confusion, cities agreed to post any local  
            ordinance that prohibits or restricts parking at a broken  
            meter.

            "Cities use parking meters to facilitate parking management,  
            promote local businesses, and reduce congestion and pollution.  
             But meters can be a magnet for vandalism.  Several cities  
            reported problems with intentionally jamming parking meters in  
            high traffic areas, demonstrating a need for enough  
            flexibility in the statewide policy to address local problems.  
             Unlike AB 61, SB 1388 struck an appropriate balance between a  
            statewide policy and local control.  There is no demonstrated  
            need to reverse the agreement made just a year ago."

           8)Support arguments  :  Supporters argue that this measure  
            protects individuals from cities and counties that are  
            overzealous and unfair in their parking enforcement.

             Opposition arguments  :  Opponents argue that this bill follows  








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            too closely on legislation specifically allowing local  
            jurisdictions to adopt their own policies governing parking at  
            broken or inoperative meters or pay stations, and that these  
            decisions should remain in the hands of local government  
            decision makers.









           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Atwater Village Chamber of Commerce
          Automobile Club of Southern California
          Consumers for Auto Reliability and Safety

           Opposition 
           
          California Public Parking Association
          City of Sacramento
          City of San Luis Obispo
           
          Analysis Prepared by  :    Angela Mapp / L. GOV. / (916) 319-3958