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
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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
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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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