BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            SB 218          Hearing Date:    January 12,  
          2016
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          |Author:    |Huff                   |           |                 |
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          |Version:   |May 6, 2015                                          |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|William Craven                                       |
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                       Subject:  Vehicles:  local authorities

          Comments on Reconsideration: 

          The following seven points have been added to the bill analysis  
          and the support and opposition has been updated since the last  
          hearing. The bill analysis from May, 2015, is otherwise included  
          in its entirety at the end of the seven new points. 

          This bill failed in this committee on May 12, 2015, by a vote of  
          2-2. To summarize the committee's deliberations, subsequent  
          actions by Mountains Recreation and Conservation Authority  
          (MRCA), and other pertinent developments, the following points  
          are offered: 

             1.   Several senators had questions or concerns about the  
               MRCA photo enforcement program. MRCA agreed at the hearing,  
               following these expressions of concern, to undertake an  
               evaluation of its program, including the placement of stop  
               signs, alternatives to the stop signs, and additional ways  
               to improve and protect public safety. The results of that  
               evaluation are included in #5-7, below. 
             2.   There was also a concern that the current version of SB  
               218, as amended in the Senate last year, includes all park  
               districts and joint powers authorities in the state, with  
               unknown but potential consequences on various local traffic  
               ordinances. In other words, the bill may have effects on  
               local park districts other than MRCA. Based on that  
               amendment, late opposition to the bill was received by the  







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               California Association of Recreation and Park Districts  
               that is now reflected in this analysis. 
             3.   In the meantime, the Second District Court of Appeal  
               issued a published decision in  Everett v. Mountains  
               Recreation and Conservation Authority  , a class action  
               challenge to the MRCA photo enforcement program. That  
               opinion was released in July, 2015. The court unanimously  
               held that MRCA's video camera was not in violation of the  
               Vehicle Code or any other provision of law. This case is  
               now binding since the California Supreme Court declined  
               further review. 
             4.   The court relied on the MRCA ordinance that authorizes  
               automated enforcement, and the Vehicle Code provision  
               referenced in #2 Existing Law, below. In addition, as a  
               joint powers authority, MRCA possesses the "common power"  
               of its creating agencies, all of whom, in this case, have  
               statutory power based in provisions in the Public Resources  
               Code to adopt specified ordinances. The court specifically  
               concluded that MRCA's management of its parkslands may be  
               different from the traffic provisions in the Vehicle Code. 
             5.   MRCA contracted with Kimley-Horn to assess the public  
               safety rationale for stop signs at seven controlled  
               intersections within MRCA's jurisdiction. The report's  
               major conclusion was that "given the unique site conditions  
               at the [seven] locations and safety concerns due to  
               pedestrian vehicular interactions and speeding, Stop signs  
               were necessary at these study locations." 

          The study determined that the vast majority of vehicles were  
          violating speed limits by relatively modest amounts, often 3-8  
          miles per hour above the posted speed limits which are either 15  
          or 25 miles per hour. The speeding was measured by radar guns. 
             6.   However, the Kimley-Horn study also made several  
               recommendations to MRCA which are in the process of being  
               finalized and implemented by the end of this month,  
               according to the most recent MRCA letter in opposition to  
               SB 218. 
             7.   These changes include the following: 
                    a)          Improved spacing between stop signs and  
                      pedestrian crosswalks at Franklin Canyon/trailhead,  
                      Topanga Canyon Blvd., and other locations;
                    b)          Standardizing various traffic signs  
                      regarding speed limits, stop ahead signs, photo  
                      enforcement warning signs, and photo enforced signs  








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                      posted on Stop posts;
                    c)          Increase spacing of signs at certain  
                      locations to reduce motorist confusion;
                    d)          Trim vegetation that reduces motorist  
                      sightlines to traffic signs; 
                    e)          Replace signs in Franklin Canyon with  
                      those that meet current standards on reflectivity. 





          BACKGROUND AND EXISTING LAW
          1. The Mountains Recreation and Conservation Authority (MRCA) is  
          a joint powers authority formed by the Santa Monica Mountains  
          Conservancy, the Conejo Recreation and Park District, and the  
          Rancho Simi Recreation and Park District. The authority was  
          created to acquire, develop, and conserve park and open-space  
          lands with a special emphasis on recreation and conservation  
          projects, to protect and conserve watersheds, and to develop  
          river parkways. 

          MRCA manages and provides ranger services to 69,000 acres of  
          public lands, including those owned by the Santa Monica  
          Mountains Conservancy. Much of this land separates the San  
          Fernando Valley from the Los Angeles basin, making some of the  
          roads through these parks an alternative route for Los  
          Angeles-area commuters. 

          2. The Vehicle Code was amended in 2010 (SB 949) in legislation  
          authored by Senator Jennie Oropeza to preempt local government  
          traffic ordinances that created violations that were duplicative  
          of state vehicle code violations. However, that legislation  
          contained an explicit limited exception for the MRCA. 

          This exception is in section 21(b) of the Vehicle Code and  
          states in full:  "To the extent permitted by current state law,  
          this section does not impair the current lawful authority of the  
          Mountains and Recreation and Conservation Authority, a joint  
          powers authority, or any member agency constituted therein as of  
          July 1, 2010, to enforce an ordinance or resolution relating to  
          the management of public lands within its jurisdiction."

          MRCA has used this provision to support an automated traffic  








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          enforcement program at seven stop signs in its parks. Violations  
          result in administrative citations with fines equal to $100 for  
          the first violation, $200 for a second violation within a year,  
          and $500 for subsequent violations within the year. 

          MRCA issues administrative citations, which means that the  
          violations do not count against an individual's driving record.  
          Appeals of violations are handled internally, and those appeals  
          can be taken to the Superior Court. In 2013, 24,356 tickets were  
          issued. Over the last three calendar years the MRCA received  
          about $1.5 million annually in gross revenues from the program,  
          which resulted in about $700,000 in net revenue to MRCA.

          3. The Recreation and Park District statute, beginning at Public  
          Resources Code section 5786, authorizes local park districts  
          such as the two local district members of the MRCA, to acquire,  
          operate, and maintain recreation facilities including parking,  
          transportation, and other related services that improve the  
          community's quality of life. The act authorizes these local  
          parks districts to adopt ordinances on any of the activities  
          authorized by the act and to enter into joint powers agreements.  
           

          4. Section 33211.5 of the Public Resources Code requires all  
          vehicles within the boundary of the Santa Monica Mountains  
          Conservancy to conform to all posted signs, and Section 33211(c)  
          authorizes the conservancy to do "any and all other things  
          necessary to carry out the purposes" set forth in the applicable  
          division of state law, which includes section 33211.5. 

          PROPOSED LAW
          This bill adds "a joint powers authority, and a park district"  
          to the definition of "local authorities" in the Vehicle Code  
          which would expand the pre-emption accomplished by SB 949 to  
          such entities. A second provision states that notwithstanding  
          any other law, no local agency may use an automated traffic  
          enforcement system at stop signs. This provision would override  
          the MRCA photo enforcement program. 

          ARGUMENTS IN SUPPORT
          The author is concerned that current law does not authorize  
          automated traffic enforcement system at stop signs, and that the  
          Vehicle Code provision that applies to the MRCA is being used to  
          justify stop sign cameras and, not incidentally, to generate  








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          significant revenues. 
          The author argues that MRCA operates this automated traffic  
          enforcement system outside the purview of the rules established  
          for other automated traffic enforcement systems (such as red  
          light cameras). 

          Other proponents argue that some of the stop signs are located  
          in unreasonable or illogical places such as 26 feet before an  
          intersection or within a parking lot at which there is a  
          crosswalk. 

          They are unconvinced by MRCA's traffic studies which they  
          contend were designed to justify the MRCA photo enforcement  
          program. They also point to two unpublished court decisions  
          which disagreed with MRCA's interpretation of Vehicle Code  
          Section 21. 

          The opposition also argues that due process issues are presented  
          in that citations are issued with no certifiable witness and  
          with the possibility of inadequate or untimely notification. The  
          camera takes photos of license plates, not individual drivers,  
          so a car owner may pay for a violation committed by someone  
          using that car.

          ARGUMENTS IN OPPOSITION
          MRCA manages nearly 70,000 acres of parkland throughout southern  
          California. One of its core objectives is to preserve valuable  
          open space that is directly adjacent to the dense urban center  
          of the greater Los Angeles area. The majority of these parklands  
          are preserved in its natural state as undeveloped land. This not  
          only provides enduring habitat for plants and wildlife, but also  
          allows park visitors an authentic outdoor recreational  
          experience in close proximity to a very large urban area. Many  
          of the MRCA parks are located in the Santa Monica  
          Mountains/Hollywood Hills, which divide the San Fernando Valley  
          to the north from the Los Angeles basin to the south. The  
          locations of these parks often make the small park roads  
          attractive for drivers looking to cut down on their commute  
          time. 

          According to MRCA, many of the park roads it manages are often  
          narrow, winding, and may have obstructed sightlines. While these  
          roads are open to private vehicles, they were never designed to  
          meet modern design standards. The roads are also used by  








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          pedestrians walking to and from parking lots, park facilities,  
          and trail heads. 

          MRCA states that it is not uncommon to see vehicles ignoring  
          traffic signs and speeding past parents pushing strollers,  
          bicyclists, hikers, and dog walkers. MRCA views the combination  
          of recreational users and frustrated commuters as a significant  
          public safety challenge. 

          The MRCA ordinance was developed to address the  
          vehicle/pedestrian interface in these parks. MRCA states that it  
          also commissioned several traffic studies which underscored the  
          need for traffic control methods, including stop signs, at  
          several park locations. 

          It believes that stationing rangers on a regular basis at the  
          seven locations instead of using photo enforcement is  
          impractical. 

          It is not seeking to expand its current program. Its opposition  
          is based on its view that the Legislature should not alter the  
          recognition of the MRCA in the Vehicle Code.  It believes that  
          SB 218 would cripple the authority of MRCA to safely provide  
          sound traffic management in areas under its jurisdiction. 




          COMMENTS
          1. The Committee may consider the bill problematic if it is  
          persuaded that the MRCA traffic enforcement program is not in  
          conflict with existing state law and therefore should not be  
          eliminated by this bill. 

          2. It is not clear whether the recent amendment that adds "a  
          joint powers authority, and a park district" in the definition  
          of "local authorities" in the Vehicle Code would have one or  
          more unknown consequences. The amendment deletes the reference  
          to MRCA and adds "a joint powers authority, and a park  
          district." That language is more expansive than the previous  
          reference to the MRCA alone.  It would clearly include the MRCA  
          joint powers authority which consists of the Santa Monica  
          Mountains Conservancy and two local park districts-but it would  
          seem to apply to  any  joint powers authority and  any  park  








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          district regardless of whether such park district is a member of  
          a joint powers authority. 

          3. As a consequence, the Committee may consider the bill  
          problematic if it is persuaded that other joint powers  
          authorities and park districts may face unknown consequences.  
          For example, in a 2011 opinion involving the very MRCA practice  
          targeted in this bill, the appellate division of the LA County  
          Superior Court, in a published opinion, pointed out that "by  
          express language [see references in the Existing Law section of  
          this analysis], the Legislature authorized agencies such as the  
          MRCA to regulate traffic within their districts so long as the  
          regulations are not in conflict with state law." The court was  
          clearly stating that parks agencies, including the MRCA, have  
          some latitude regarding their traffic regulations. The court  
          concluded that the MRCA ordinance is not in conflict with any  
          Vehicle Code provisions regarding stop signs. Of course, that  
          would change if this bill is passed. 

          4. It is not known how many other park districts in California  
          have utilized the Recreation and Park District statute to  
          regulate parking or transportation within their boundaries or  
          whether such regulations would survive if this bill's amendments  
          to the Vehicle Code (not just regarding photo enforcement, but  
          on other issues as well, such as speed limits or other vehicular  
          safety issues) are interpreted to pre-empt those regulations.  

               







          SUPPORT
          Arias Ozzello and Gignac, LLP
          Automobile Club of Southern California
          California Association of Highway Patrolmen
          California Construction Trucking Association
          California Teamsters Public Affairs Council
          National Motorists Association
          Peace Officers Research Association of California
          Safer Streets LA








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          168 Individuals (via email) 

          OPPOSITION
          Association for Los Angeles Deputy Sheriffs
          California Association of Code Enforcement Officers
          California Association of Recreation and Park Districts. 
          California College and University Police Chiefs Association
          California Narcotic Officers Association
          Conejo Recreation and Park District
          Los Angeles Police Protective League
          Mountains Recreation and Conservation Authority 
          Oak Forest Canyon Homeowners Association
          Redflex Traffic Systems, Inc.
          Sickle Cell Disease Foundation of California


          
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