Loading...
HomeMy WebLinkAboutAgenda Report - August 3, 2016 C-08AGENDA ITEM cl— 2 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Receive Report Regarding Communication Pertaining to Assembly Bill 2586 (Gatto) Parking MEETING DATE: August 3, 2016 PREPARED BY: City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Assembly Bill 2586 (Gatto) Parking. BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding AB 2586 (Gatto). There was a need to send a letter of opposition immediately in light of a pending hearing. AB 2586 would restrict the ability of local governments to regulate local parking, an authority that cities have had since at least 1959. The bill takes a one -size -fits -all approach prohibiting cities from providing certain incentives when contracting out for private parking enforcement. Many cities conduct their own parking enforcement, but when faced with limited resources, cities need every tool at their disposal to ensure contractors are fulfilling their enforcement responsibilities. In addition, the bill declares it the intent of the legislature that local authorities shall make parking immediately available upon the conclusion of street sweeping activities, without considering that cities will often use such parking restrictions to provide other valuable services, such as tree trimming, garbage cleanup, and other services to maximize their ability to deliver such services. The attached letter, electronically signed by the Mayor, was sent out on July 27, 2016. A copy of the initial request, along with the text of the bill, is also attached. This report is provided for informational purposes only, pursuant to policy. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. AP N: Wdministration\CLE Stephen Schwabau4, City Am nager CITY COUNCIL MARK CHANDLER, Mayor CITY OF L O D DOUG KUEHNE, Mayor Pro Tempore CITY HALL, 221 WEST PINE STREET BOB JOHNSON P.O. BOX 3006 JOANNE MOUNCE LODI, CALIFORNIA 95241-1910 ALAN NAKANISHI (209) 333-6702 1 FAX (209) 333-6807 www.lodi.gov cityclerk(acr�.lodi.gov July 27, 2016 The Honorable Mike Gatto California State Assembly, District 43 State Capitol Building, Room 5136 Sacramento, CA 95814 Fax: (916) 319-2143 RE: AB 2586 (Gatto) Parking Notice of Opposition (As amended 6/30/16) STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi must respectfully oppose your AB 2586, 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. That law is set to expire at the end of this year, yet not enough time has elapsed to adequately assess its impact. Furthermore, many cities do not have parking meters at all and for cities that do, some have already adopted policies or ordinances of not ticketing cars at broken meters on their own without the need for legislation. Making this recent change in law permanent is premature at best. Unlike AB 61, AB 2586 goes well beyond the limitations imposed on the authority of a local government to regulate its own parking needs. The bill takes a one -size -fits -all approach prohibiting cities from providing certain incentives when contracting out for private parking enforcement. Many cities conduct their own parking enforcement, but when faced with limited resources, cities need every tool at their disposal to ensure contractors are fulfilling their enforcement responsibilities. Furthermore, the bill declares it the intent of the legislature that local authorities shall make parking immediately available upon the conclusion of street sweeping activities, without considering that cities will often use such parking restrictions to provide other valuable services, such as tree trimming, garbage cleanup, and other services to maximize their ability to deliver such services. No entity is better equipped than local government to regulate its own parking needs. Cities are more than capable and continue to demonstrate their ability to adapt to their residents' needs without statewide policy on such a core local issue. For these reasons, the City Lodi opposes AB 2586. Sincerely, /2/ V" Aurd&% Mark Chandler Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Stephen Qualls, League of California Cities, squalls cacities.org Meg Desmond, League of California Cities, mdesmond(a-)cacities.org N:\Administration\CLERK\Council\CORRESP\LETTERS\ AB2586.doc Jennifer Ferraiolo From: Sent: Subject: Attachments: ACTION ALERT!! AB 2586 (Gatto) - Parking. OPPOSE Background: Stephen R. Qualls <squalls@cacities.org> Monday, July 25, 2016 6:21 PM URGENT: Letters Needed AB 2586 (Gatto) Sample Oppose Ltr_07.25.16.docx; Action Alert AB 2586 (Gatto) Parking_07.25.16.docx In 2013, the state enacted AB 61 (Gatto, Chapter 71, Statutes of 2013), a bill narrowly targeted at broken parking meters. AB 61, without considering the potential increase for meter vandalism and manipulation, prohibited local jurisdictions from ticketing at inoperable meters and was set to sunset on January 1, 2017. AB 2586 would eliminate the AB 61 sunset provision, expand upon existing law, and restrict a local governments' ability to regulate local parking. Specifically, this bill: 1) Includes intent language stating that cities "shall" make parking available as soon as street sweeping is completed, when a city prohibits or restricts parking or standing of vehicles for the purposes of street sweeping. 2) Removes the sunset on provisions set forth in AB 61 (Gatto) that prohibits local governments from ticketing cars parked at broken meters until 2017, thereby extending these provisions indefinitely. This provision leaves cities vulnerable to parking meter vandalism. 3) Unnecessarily restricts a city's ability to contract out for private parking enforcement without regard for the size or financial ability for the city to conduct such enforcement, even though cities are required to enforce both local and state parking laws. ACTION: AB 2586 is headed to the Senate Floor and can be heard as soon as next week. Please send your CITY LETTERS of OPPOSITION as soon as possible. A sample OPPOSITION letter is attached or you may use the League's Action Center<http://www.cacities.org/Policy- Advocacy/Action-Center/AB-2586-(Gatto)-Parking> to send a letter through our online system. You can find your Legislator's contact information here: http://findvourrep.legislature.ca.gov/. Talking Points: * Despite amendments, this measure goes well beyond the limitations imposed on local government authority to regulate its own parking needs, such as street sweeping, and its ability to contract with private parking enforcement. * Broken meters represent only a fraction of working parking meters, making this an unusual candidate for statewide policy. Any attempt to make this recent change in law permanent is premature, at best. * City/Town of has proactively adopted ordinances to not ticket vehicles parked at broken meters and make it easy for tickets to be adjudicated if they happen to receive such a ticket. We simply do not see this matter as an issue of statewide concern and strongly urge your NO vote on this bill. Stephen Qualls Central Valley Regional Public Affairs Manager League of California Cities 209-614-0118 Fax 209-883-0653 squalls@cacities.org<mailto:squalls@cacities.org> [Description: Description: LCC_Logo_SM] [https:Hmail.cacities.org/owa/attachment.ashx?id=RgAAAACy8fHTR2LKSbH7vlWA%2bKroBwCJIF8QxElYR5pVkCgOVZ7 pAAAGc5DHAACi 1UI kD4vzS51QTLjAfBa NAAAyvLI NAAAJ&attcnt=l&attidO=BAABAAAA&attcid0=image002.png%4001CF9 F55.154BCF00] Strengthening California Cities through Advocacy and Education To expand and protect local control for cities through education and advocacy in order to enhance the quality of life for all Californians. <https://mail.cacities.org/owa/redir.aspx?C=9balcebeda9l4a8d8b298c0l54b06ac0&URL=http/`3a/`2f%2fwww.cacities .org 2fAC> PLEASE DO NOT distribute political campaign advocacy information from public (city hall) computers, on city time, or using public resources, even if it's from your personal email account. If in doubt, check with your city attorney.?? ACTION ALERT!! AB 2586 (Gatto) - Parking. OPPOSE Background: In 2013, the state enacted AB 61 (Gatto, Chapter 71, Statutes of 2013), a bill narrowly targeted at broken parking meters. AB 61, without considering the potential increase for meter vandalism and manipulation, prohibited local jurisdictions from ticketing at inoperable meters and was set to sunset on January 1, 2017. AB 2586 would eliminate the AB 61 sunset provision, expand upon existing law, and restrict a local governments' ability to regulate local parking. Specifically, this bill: 1) Includes intent language stating that cities "shall" make parking available as soon as street sweeping is completed, when a city prohibits or restricts parking or standing of vehicles for the purposes of street sweeping. 2) Removes the sunset on provisions set forth in AB 61 (Gatto) that prohibits local governments from ticketing cars parked at broken meters until 2017, thereby extending these provisions indefinitely. This provision leaves cities vulnerable to parking meter vandalism. 3) Unnecessarily restricts a city's ability to contract out for private parking enforcement without regard for the size or financial ability for the city to conduct such enforcement, even though cities are required to enforce both local and state parking laws. ACTION: AB 2586 is headed to the Senate Floor as soon as next week. Please send your CITY LETTERS of OPPOSITION as soon as possible. A sample OPPOSITION letter is attached or you may use the League's Action Center to send a letter through our online system. You can find your Legislator's contact information here: http://findvourrep.legislature.ca.gov/. Talking Points: • Despite amendments, this measure goes well beyond the limitations imposed on local government authority to regulate its own parking needs, such as street sweeping, and its ability to contract with private parking enforcement. Broken meters represent only a fraction of working parking meters, making this an unusual candidate for statewide policy. Any attempt to make this recent change in law permanent is premature, at best. City/Town of has proactively adopted ordinances to not ticket vehicles parked at broken meters and make it easy for tickets to be adjudicated if they happen to receive such a ticket. We simply do not see this matter as an issue of statewide concern and strongly urge your NO vote on this bill. 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 Seet'ons 22508.6 an 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 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 defined, until January 1, 2017. Existing law prohibits, until January 1, 2017, a local authority from enacting an ordinance or resolution prohibiting or restricting the parking of vehicles under the above circumstances. This bill would delete the January 1, 2017, date of repeal for the above provisions, and thus extend those provisions indefinitely. --- 96 AB 2586 —2— This 2— This bill would prohibit a local authority that contracts with a private entity to enforce parking regulations from promoting designated incentives in connection with the issuance of violation notices. valet parkin Statutory provisions establish proeedures for making that reir�setnent.- This bill would provide that no reintbursement is required by this ae Vote: majority. Appropriation: no. Fiscal committee: ono. State -mandated local program: ono. The people of the State of California do enact as follows: 1 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. An ordinance or resolution relating to the parking or 7 standing of commercial vehicles in a residential district shall not 8 be effective with respect to any commercial vehicle making pickups 9 or deliveries of goods, wares, or merchandise from or to any 10 building or structure located on the restricted street or highway, 11 or for the purpose of delivering materials to be used in the repair, 12 alteration, remodeling, or reconstruction of any building or 13 structure for which a building permit has previously been obtained. 14 The ordinance or resolution shall not be effective until the street 15 or highway, or portion thereof, has been sign -posted in accordance 16 with the uniform standards and specifications of the Department 17 of Transportation, or local authorities have caused to be posted in 18 a conspicuous place at each entrance to the street a notice not less 19 than 17 inches by 22 inches in size, with lettering not less than one 20 inch in height, setting forth the day or days and hours parking is 21 prohibited. As used in this section, "entrance" means the 22 intersection of any street or streets comprising an area of restricted 23 parking for street -sweeping purposes on the same day or days and 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 — 3 — AB 2586 hours with another street or highway not subject to that parking restriction, or subject to parking restrictions on different days and hours. (b) Notwithstanding subdivision (a), it is the intent of the Legislature that if a local authority prohibits or restricts the parking or standing of vehicles on designated streets or highways, or portions thereof, for the purpose of street sweeping, the local authority, as soon as the street sweeping has concluded, shall ensure that the designated streets, highways, or portions thereof are promptly made available to motorists, regardless of the posted hours. SEC. 2. Section 22508.5 of the Vehicle Code, as amended by Section 1 of Chapter 71 of the Statutes of 2013, is repealed. SEC. 3. Section 22508.5 of the Vehicle Code, as added by Section 2 of Chapter 71 of the Statutes of 2013, is amended to read: 22508.5. (a) A vehicle may park, 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. (b) A local authority shall not, by ordinance or resolution, prohibit or restrict the parking of vehicles in a space that is regulated by an inoperable parking meter or inoperable parking payment center. (c) For purposes of this section: (1) "Inoperable parking meter" means a meter located next to and designated for an individual parking space, which has become inoperable and cannot accept payment in any form or cannot register that a payment in any form has been made. (2) "Inoperable parking payment center" means an electronic parking meter or pay station serving one or more parking spaces that is closest to the space where a person has parked and that cannot accept payment in any form, cannot register that a payment in any form has been made, or cannot issue a receipt that is required to be displayed in a conspicuous location on or in the vehicle. SEG. 4.Seetion 22508.6 :s ,.aced to the Vthiele Go de, to re -aa: 22508.6. A person providing valet parking servi business distriet is prohibited from doing either of the followittr. (a) Prohibiting a vehiele From parking in an otheirwise available 96 AB 2586 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 —4— (b) Prohibiting a vehiele From stopping or standing fo that has been designated for theA ptupose. SEG. 5. SEC. 4. Section 22508.7 is added to the Vehicle Code, to read: 22508.7. A local authority, when contracting with a private entity to enforce parking regulations, shall not promote any of the following activities in connection with the issuance of violation notices: (a) Provide any monetary or other incentive, such as the promise of a fixture 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 enforcemeen�t7service. See'tion 6 26otieIL�SSI2D ,.F �1. ,. !'+,.1:F ...,.: ,. Constitution ,....stitt ,.... 1..,.,.a-use the Government Gode, or eha-nges the definition of a erime wit -hi f the Galiforni Al 96 FACSIIV E COVER SHEET CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (209) 333-6702 FAX (209) 333-6807 ciWc" odi.y. or PfkHS@Lodi.gov DATE: July 27, 2016 FROM: Pamela M. Farris Deputy City Clerk TO: Assemblymember Mike Gatto, 916-319-2143 Senator Cathleen Galgiani, 916-651-4905 Assemblymember Jim Cooper, 916-319-2109 COMMENTS: Attached please find the Notice of Opposition for AB 2586 (Gatto) — Parking THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET. fonns\aafaxjen.doc CITY COUNCIL MARK CHANDLER, Mayor DOUG KUEHNE, Mayor Pro Tempore BOBJOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (2 09) 3336807 www-lodi.gov c' .cl r out. ov July 27, 2016 The Honorable Mike Gatto California State Assembly, District 43 State Capitol Building, Room 5136 Sacramento, CA 95814 Fax: (916) 319-2143 RE: AB 2586 (Gatto) Parking Notice of Opposition (As amended 6/30/16) STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney The City of Lodi must respectfully oppose your AB 2586,. 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. That law is set to expire at the end of this year, yet not enough time has elapsed to adequately assess its impact. Furthermore, many cities do not have parking meters at all and for cities that do, some have already adopted policies or ordinances of not ticketing cars at broken meters on their own without the need for legislation. Making this recent change in law permanent is premature at best. Unlike AB 61, AB 2586 goes well beyond the limitations imposed on the authority of a local government to regulate its own parking needs. The hill takes a. one -sire -lits -all approach prohibiting cities from providing certain incentives when contracting out for private parking enforcement. Many cities conduct their own parking enforcement, but when faced with limited resources, cities need every tool at their disposal to ensure contractors are fulfilling their enforcement responsibilities. Furthermore, the bill declares it the intent of the legislature that local authorities shall make parking immediately available upon the conclusion of street sweeping activities, without considering that cities will often use such parking restrictions to provide other valuable services, such as tree trimming, garbage cleanup, and other services to maximize their ability to deliver such services. No entity is better equipped than local government to regulate its own parking needs. Cities are more than capable and continue to demonstrate their ability to adapt to their residents' needs without statewide policy on such a core local issue. For these reasons, the City Lodi opposes AB 2586. Sincerely, Mark Chandler Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymemher Jim Cooper, Fax: (016) 3'19-21.D9 Stephen Qualls,. League'of Califamie Cities, igualls oacities.orQ Meg Desmond, League of Califamia Cities, m mond es.o N: W dtninistration\CLERK\Cou nci I\CORRE SP\LETTERSdAB2586. doc 07/27/2016 WED 16:38 FAX 1@001 *************************** *** FAX MULTI TX REPORT *** *************************** JOB NO. 0093 DEPT. ID 101 PGS. 2 TX INCOMPLETE TRANSACTION OK 919163192143 919166514905 919163192109 ERROR ------ ;A Y E COVER SHEET IS CITY CLERK'S OFFICE 221 WEST PINE STREET - P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 PHONE (269) 333-5702 FAX (209y333•6807 TA DATE: July 27, 2016 FROM: Pamela M. Farris Deputy City Clerk TO: Assemblymember Mike Gatto, 916-319-2143 Senator Cathleen Galgiani, 916-651-4905 Assemblymember Jim Cooper, 916-319-2109 COMMENTS: Attached please find the Notice of Opposition for AB 2586 (Gatto) — Parking THIS TRANSMITTAL CONTAINS 2 PAGE(S), INCLUDING THIS COVER SHEET.