BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                   THIRD READING 


          Bill No:  AB 2586
          Author:   Gatto (D) 
          Amended:  8/19/16 in Senate
          Vote:     21 

           SENATE TRANS. & HOUSING COMMITTEE:  9-1, 6/28/16
           AYES:  Beall, Cannella, Bates, Gaines, Galgiani, Leyva,  
            Mendoza, Roth, Wieckowski
           NOES:  McGuire
           NO VOTE RECORDED:  Allen

           ASSEMBLY FLOOR:  66-11, 6/2/16 - See last page for vote

           SUBJECT:   Parking


          SOURCE:    Author


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

          Senate Floor Amendments of 8/19/16 provide that local  
          authorities have until January 1, 2020, to ensure that parking  
          is opened back up upon conclusion of street-sweeping; add "and  
          other maintenance activities" to the references to parking  
          restrictions related to street-sweeping; limit parking at  
          inoperable meters to two hours and provide that a violation of  
          this provision is subject to civil penalties; and delete the  
          provision prohibiting a local authority, when contracting with a  
          private entity to enforce parking regulations, to increase any  
          violation fines in order to cover the cost of the contracted  
          activity.  

          ANALYSIS:  








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          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)Requires, by January 1, 2020, that if a local authority  
            prohibits or restricts parking in designated areas for the  
            purpose of street sweeping and other maintenance activites, it  
            must ensure that the designated areas are promptly made  
            available for parking, regardless of posted hours, as soon as  
            street sweeping has concluded.

          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.  Provides that a driver may park at an inoperable  
            meter for up to two hours, and provides that a violation is  
            subject to civil penalties and is neither an infraction nor a  
            public offense.  

          3)Prohibits a local authority, when contracting with a private  
            entity to enforce parking regulations, from providing 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.

          Comments

          1)Purpose.  The author states that unfortunately, budget  








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            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 requires local authorities to  
            allow parking to resume on a street as soon as street sweeping  
            or other maintenance activities are 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 or other maintenance activities have  
            concluded.  It might be difficult, however, for a driver to  
            know exactly when that has occurred.   
                      
          3)Broken parking meters.  SB 1388 (DeSaulnier, Chapter 70,  
            Statutes 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, Chapter 71, Statutes 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  








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            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, 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 and contracting  
            with private parking enforcement are issues that should be  
            gauged at the local level by local governing bodies.  


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified8/21/16)


          Howard Jarvis Taxpayers Association


          OPPOSITION:   (Verified8/21/16)


          California Public Parking Association
          City of Agoura Hills
          City of Culver City
          City of Downey
          City of Highland
          City of La Mirada
          City of Lake Forest
          City of Lakewood
          City of Livermore
          City of Norwalk
          City of Ontario
          City of Sacramento
          City of San Carlos
          City of West Covina








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          City of West Hollywood
          Culver City Chamber of Commerce
          League of California Cities
          Marin County Council of Mayors and Councilmembers
          San Francisco Municipal Transportation Agency
          Town of Danville
          Town of Tiburon
          West Hollywood Chamber of Commerce
          Westside Council of Chambers of Commerce


          ASSEMBLY FLOOR:  66-11, 6/2/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Bigelow, Bonta,  
            Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez,  
            Chiu, Chu, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey, Linder,  
            Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez,  
            Obernolte, O'Donnell, Olsen, Patterson, Ridley-Thomas,  
            Rodriguez, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NOES:  Baker, Bonilla, Cooley, Cooper, Gordon, Irwin, Levine,  
            Lopez, Mullin, Quirk, Salas
          NO VOTE RECORDED:  Atkins, Bloom, Nazarian

          Prepared by:Erin Riches / T. & H. / (916) 651-4121
          8/22/16 23:05:47


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