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 ----------------------------------------------------------------- |Author: |Huff | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |May 6, 2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|William Craven | | | | ----------------------------------------------------------------- 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 SB 218 (Huff) Page 2 of ? 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 SB 218 (Huff) Page 3 of ? 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 SB 218 (Huff) Page 4 of ? 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 SB 218 (Huff) Page 5 of ? 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 SB 218 (Huff) Page 6 of ? 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 SB 218 (Huff) Page 7 of ? 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 SB 218 (Huff) Page 8 of ? 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 -- END --