Loading...
CC - Item 6C - Possible Opposition Assembly Bill 2586 E M ee s ° ROSEMEAD CITY COUNCIL STAFF REPORT Ato„„A„D.;p TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: BILL R. MANIS, CITY MANAGER 3z�� DATE: SEPTEMBER 27,2016 SUBJECT: POSSIBLE OPPOSITION TO ASSEMBLY BILL 2586 (REQUESTED BY COUNCILMEMBER CLARK) SUMMARY This item is presented to the City Council at the request of Councilmember Clark. Please see a proposed draft letter of opposition (Attachment A) and the language for Assembly Bill (AB) 2586 (Attachment B). STAFF RECOMMENDATION Discuss and provide direction to staff. FISCAL IMPACT -None PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: Marc Donohue, City Clerk Attachment A: Draft Letter of Opposition—City of Rosemead Attachment B: AB 2586 Language ITEM NUMBER: 6C- E M 5 ` ' \\\\ 9 CIVIC PThD1 ORP g9 Attachment A Draft Letter of Opposition — City of Rosemead \11{II A City Uf WQSe11lCqd MAID PRO IE \IA{I1R PROlE11: Puny Lux BATS C.XAI I I) 1101.1 IIA YARD PO BOX 399 COl6CIL NEFINCRi � ROSH MI-AD C NI II A )I,10 wluwa ni-ROO6 ILILPIIONL 62615692100 NARCAREr CLARK FAX(62611117-92 I% Y L ENis September 27, 2016 The Honorable Jerry Brown Governor, State of California State Capitol,First Floor Sacramento, CA 95814 Via FAX: (916) 558-3177 RE: AB 2586(Gatto). Parking. (as enrolled) Request for VETO Dear Governor Brown: The City of Rosemead respectfully requests your veto on AB 2586 (Gatto), which would restrict the ability of local governments to regulate local parking. This bill unnecessarily upends local authority to regulate parking, an authority that cities have had since at least 1959. In 2013, the state enacted AB 61 (Gatto, Chapter 71, Statutes of 2013), a bill narrowly targeted at broken parking meters is set to expire at the end of this year. This bill will permanently delete the sunset despite some preliminary evidence that vandalism has increased since its passage. It should also be noted that most cities do not have any parking meters at all, other cities already had existing ordinances to not ticket cars at broken meters, and broken meters typically represent a fraction of all meters in the few cities that have them, making this an unusual candidate for permanent statewide policy. Furthermore. AB 2586 goes beyond the expiring provisions and meddles into city street sweeping and contracting activities. The bill takes a one-size-fits-all approach by requiring that cities make parking promptly available once street sweeping and other maintenance activities have been provided. For most cities, this is not only impractical, but also a waste of limited resources. The bill also prohibits the few cities that contract out for parking enforcement from providing contract incentives. Our local streets and roads are an essential part of our overall infrastructure and provide much more than just parking for our residents. Our urban forestry, undergrounded utilities, storm water ways, and other essential infrastructure are inextricably linked to our local streets and roads. While parking is something cities strive to make available as much as possible, our residents also expect their cities to deliver other services, such as tree trimming, garbage collection, and debris removal. This bill would only create confusion on when someone can or cannot park in any given spot, potentially leading to more tickets and more frustration for our residents without providing any meaningful benefits to our residents. For these reasons, the City of Rosemead requests your veto of AB 2586. Sincerely, Sandra Armenta Mayor Cc: The Honorable Mike Gatto, State Assembly Michael Martinez, Deputy Legislative Secretary,Office of Governor Edmund G. Brown Jr Jennifer Quan, League of California Cities, iquan(rfcacities.org Meg Desmond, League of California Cities, mdesmondncacitiesorz ii iiyy\gpiiN 9\9 Q � \\,..______ -4,,,, co„t RTED ;.t Attachment B AB 2586 Language AMENDED IN SENATE AUGUST 19, 2016 AMENDED IN SENATE JUNE 30,2016 AMENDED IN ASSEMBLY MAY 31, 2016 AMENDED IN ASSEMBLY APRIL 6, 2016 CALIFORNIA LEGISLATURE-2015-16 REGULAR SESSION ASSEMBLY BILL No. 2586 Introduced by Assembly Member Gatto February 19, 2016 An act to amend Section 22507.6 of,to add Section 22508.7 to, and to repeal and amend Section 22508.5 of, the Vehicle Code, relating to parking. LEGISLATIVE COUNSEL'S DIGEST AB 2586, as amended, Gatto. Parking. Existing law authorizes-wukl ,b, a local authority to prohibit or restrict the parking or standing of vehicles on designated streets or highways, or portions thereof,for the purposes of street sweeping, as specified. Existing law.states the intent of the legislature that if a local authority prohibits or restricts the parking or standing of vehicles Pr that purpose that the local authority shall ensure that the designated street, highway, or portion thereof is promptly made available to motorists as soon as the street sweeping has concluded. This bill would also permit a local authority to prohibit or restrict the parking or standing of vehicles as described above for other maintenance activities. The bill would instead, by January 1. 2020, require a local authority that prohibits or restricts the parking or standing of vehicles for the purposes of street sweeping or other 95 AB2586 —2— maintenance activities to ensure that the street, highway, or portion thereof that is restricted is made available to the motorists as soon as the street sweeping or other maintenance activities have concluded. Existing law authorizes parking, for up to the posted time limit, in any parking space that is regulated by an inoperable parking meter or an inoperable parking payment center,as&fined,mud January I,2017. defined. Existing law prohibits,until January I,2017, a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of vehicles under the above circumstances. This bill would instead authorize parking for up to two hours under the circumstances described above. The bill would provide that a violation of that conduct is subject to civil penalties and is neither an infraction nor a public offense. The bill would delete the January I, 2017, date of repeal for the above provisions, and thus extend those provisions indefinitely. This bill would prohibit a local authority that contracts with a private entity to enforce parking regulations from—p,ouluting d.,sig,mt.d ilLeut.ves providing any monetary or other incentive in connection with the issuance of violation notices. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. The people of the State of California do enact as follows. I SECTION 1. Section 22507.6 of the Vehicle Code is amended 2 to read: 3 22507.6. (a) Local authorities may,by ordinance or resolution, 4 prohibit or restrict the parking or standing of vehicles on designated 5 streets or highways, or portions thereof, for the purpose of street 6 sweeping or other maintenance activities.An ordinance 7 or resolution relating to the parking or standing of commercial 8 vehicles in a residential district shall not be effective with respect 9 to any commercial vehicle making pickups or deliveries of goods, 10 wares,or merchandise from or to any building or structure located 11 on the restricted street or highway,or for the purpose of delivering 12 materials to be used in the repair, alteration, remodeling, or 13 reconstruction of any building or structure for which a building 14 permit has previously been obtained. The ordinance or resolution 15 shall not be effective until the street or highway,or portion thereof, 16 has been sign-posted in accordance with the uniform standards 95 -3— AB2586 1 and specifications of the Department of Transportation, or local 2 authorities have caused to be posted in a conspicuous place at each 3 entrance to the street a notice not less than 17 inches by 22 inches 4 in size,with lettering not less than one inch in height,setting forth 5 the day or days and hours parking is prohibited. As used in this 6 section, "entrance" means the intersection of any street or streets 7 comprising an area of restricted parking for street-sweeping or 8 other maintenance purposes on the same day or days and hours 9 with another street or highway not subject to that parking 10 restriction, or subject to parking restrictions on different days and 11 hours. 12 (b) Notwithstanding subdivision (a), it is the i..te..t 13 Eegislatu.e that by January 1, 2020, if a local authority prohibits 14 or restricts the parking or standing of vehicles on designated streets 15 or highways,or portions thereof,for the purpose of street sas..evi.,b, 16 sweeping or other maintenance activities, the local authority, as 17 soon as the street sweeping-has or other maintenance activities 18 have concluded,shall ensure that the designated streets,highways, 19 or portions thereof are promptly made available to motorists, 20 regardless of the posted hours. 21 SEC. 2. Section 22508.5 of the Vehicle Code, as amended by 22 Section 1 of Chapter 71 of the Statutes of 2013, is repealed. 23 SEC. 3. Section 22508.5 of the Vehicle Code, as added by 24 Section 2 of Chapter 7l of the Statutes of 2013, is amended to 25 read: 26 22508.5. (a) A vehicle may park, for up to the pest„d ti.,.., 27 limit, two hours, in any parking space that is regulated by an 28 inoperable parking meter or an inoperable parking payment center. 29 (b) A local authority shall not, by ordinance or resolution, 30 prohibit or restrict the parking of vehicles in a space that is 31 regulated by an inoperable parking meter or inoperable parking 32 payment center. 33 (c) For purposes of this section: 34 (I) "Inoperable parking meter" means a meter located next to 35 and designated for an individual parking space,which has become 36 inoperable and cannot accept payment in any form or cannot 37 register that a payment in any form has been made. 38 (2) "Inoperable parking payment center" means an electronic 39 parking meter or pay station serving one or more parking spaces 40 that is closest to the space where a person has parked and that 95 AB2586 —4- 1 cannot accept payment in any form,cannot register that a payment 2 in any form has been made,or cannot issue a receipt that is required 3 to be displayed in a conspicuous location on or in the vehicle. 4 (d) A violation of subdivision (a) is subject to civil penalties 5 and is neither an infraction nor a public offense. 6 SEC.4. Section 22508.7 is added to the Vehicle Code,to read: 7 22508.7. A local authority, when contracting with a private 8 entity to enforce parking regulations,shall not-poi...AL any of the 9 fully',ingnetivit s provide any monetary or other incentive, such 10 as the promise of a future contract for the issuance of a specified ]I or higher number of violation notices, in connection with the 12 issuance of violatiom.uti.,.,,r. notices. 13 .- . .. _ . .. 14 of a ruti.c cout.act fo.the is u.ane.of a specified o, number 15 of violation...,t:..s: 16 (b) lner.as.any violation fine in o.d.. to con, tIi Lust.f tl.. 0 95