BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 2586           Hearing Date:    6/28/2016
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          |Author:   |Gatto                                                 |
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          |Version:  |5/31/2016                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Erin Riches                                           |
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          SUBJECT:  Parking


            DIGEST:  This bill makes changes to several existing law  
          provisions relating to parking restrictions.  

          ANALYSIS:
          
          Existing law:

          1)Allows local authorities, by ordinance or resolution, to  
            prohibit or restrict parking vehicles on designated streets or  
            highways, or portions thereof, for the purpose of street  
            sweeping.  The days and hours of the restrictions must be  
            clearly posted, as specified.  

          2)Allows a vehicle to park, for up to the posted time limit, in  
            any parking space that is regulated by an inoperable parking  
            meter or parking payment center.  Prohibits a local authority  
            from prohibiting or restricting parking in spaces regulated by  
            inoperable parking meters or payment centers.  This provision  
            sunsets on January 1, 2017.

          This bill:

          1)States legislative intent that if a local authority prohibits  
            or restricts parking in designated areas for the purpose of  
            street sweeping, the local authority, as soon as street  
            sweeping has concluded, shall ensure that the designated areas  
            are promptly made available for parking, regardless of posted  







          AB 2586 (Gatto)                                    Page 2 of ?
          
          
            hours.

          2)Repeals the 2017 sunset on the provision prohibiting local  
            authorities from prohibiting or restricting parking in spaces  
            regulated by inoperable meters, making this provision  
            permanent.

          3)Prohibits a person providing valet services in a business  
            district from: 
              a)    Prohibiting a vehicle from parking in an otherwise  
                available parking space regulated by a parking meter
              b)    Prohibiting a vehicle from stopping or standing for  
                the purpose of loading or unloading passengers in any  
                space or area that has been designated for that purpose

          4)Prohibits a local authority, when contracting with a private  
            entity to enforce parking regulations, to promote the  
            following activities in connection with issuing violation  
            notices:

              a)    Provide any monetary or other incentive, such as the  
                promise of a future contract, for the issuance of a  
                specified or higher number of violation notices
              b)    Increase any violation fine in order to cover the cost  
                of the contracted enforcement service

          COMMENTS:

          1)Purpose. The author states that unfortunately, budget deficits  
            have led many local governments to run their public parking  
            enforcement programs as an additional source of revenue rather  
            than as a mechanism for enforcing sensible parking  
            restrictions.  In 2014, parking tickets were responsible for  
            approximately $165 million of Los Angeles' city budget and  
            almost $130 million of San Francisco's city budget.  According  
            to the author, this profit-driven enforcement system has a  
            disproportionate impact on low- to moderate-income residents  
            who live in densely populated areas.  The author states that  
            this bill will address some troubling local parking policies,  
            such as restricting parking long after street sweeping is  
            complete and incentivizing private parties who contract with  
            cities to enforce parking restrictions more harshly than  
            originally intended.

          2)Street sweeping.  This bill declares legislative intent that  








          AB 2586 (Gatto)                                    Page 3 of ?
          
          
            parking should resume on a street as soon as street sweeping  
            is completed, in an effort to free up available parking spaces  
            that would otherwise be unusable for blocks of time regardless  
            of whether or not street sweeping has concluded.  It might be  
            difficult, however, for a driver to know exactly when that has  
            occurred.   

          3)Broken parking meters.  SB 1388 (DeSaulnier) of 2012  
            established a general rule that a vehicle may park at a broken  
            parking meter up to the posted time limit, without penalty.   
            SB 1388 included a provision allowing local jurisdictions to  
            adopt different rules; as a result, some began banning parking  
            at inoperable meters using posted signs to notify motorists,  
            as required by SB 1388.  To address this loophole, AB 61  
            (Gatto) of 2013 prohibited local jurisdictions from ticketing  
            at broken meters.  This bill removes the sunset on that  
            provision.  

          4)Private parking enforcement.  In the face of limited manpower,  
            many local jurisdictions have turned to privatization of  
            parking enforcement operations.  This bill prohibits a local  
            authority from providing certain incentives when contracting  
            out for parking enforcement.  The author states that these  
            practices incentivize companies to practice overly harsh or  
            unfair enforcement, resulting in costly fines for what could  
            be perceived as relatively minor offenses.  

          5)Opposition concerns.  Writing in opposition to this bill, the  
            League of California Cities states that it is currently  
            surveying its members about implementation of AB 61 of 2013  
            (see "Related Legislation below), which allowed parking at  
            broken parking meters.  The League states that initial  
            responses indicate a significant increase in meter vandalism  
            in the two years since the bill's implementation.  Also  
            writing in opposition to this bill, the California Public  
            Parking Association states that issues such as parking during  
            posted street sweeping hours, contracting with private parking  
            enforcement, and restrictions on valet services are issues  
            that should be gauged at the local level by local governing  
            bodies.  

          6)Amendments.  The author will accept amendments in committee to  
            remove the provisions relating to valet services.  The  
            committee understands that removing these provisions will  
            remove some of the opposition to this bill.  








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          Related Legislation:
          
          AB 61 (Gatto, Chapter 71, Statutes of 2013) - prohibits, until  
          January 1, 2017, a city or county from citing vehicles for  
          parking at an inoperable parking meter or parking payment center  
          for up to the posted time limit.

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

          Assembly Votes:

            Floor:    66-11
            Appr:     19-1
            L.Gov:      6-3
            Trans:    16-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     
          Local:  Yes


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 22, 2016.)
          
            SUPPORT:  

          Howard Jarvis Taxpayers Association

          OPPOSITION:

          California Public Parking Association
          City of Culver City
          City of Downey
          City of Highland
          City of Lake Forest
          City of Lakewood
          City of Livermore
          City of Ontario








          AB 2586 (Gatto)                                    Page 5 of ?
          
          
          City of Sacramento
          City of San Carlos
          City of West Covina
          City of West Hollywood
          Culver City Chamber of Commerce
          League of California Cities
          Marin County Council of Mayors and Councilmembers
          Town of Danville
          Town of Tiburon
          West Hollywood Chamber of Commerce
          Westside Council Chambers of Commerce

          
          

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