Report to Mayor and City Council
Tuesday, July 16, 2019
Consent
SUBJECT:
Title
CONSIDER OPPOSING AB 516 WHICH WOULD BAN CITIES FROM TOWING VEHICLES UNDER CERTAIN CONDITIONS (CITY COUNCIL)
Body
I. SUMMARY
Assemblyman David Chiu has proposed Assembly Bill 516, which would restrict cities and counties from towing or booting vehicles that have five or more tickets or towing a vehicle whose registration is six months out of date. If AB 516 should pass, cities would have to pass a specific ordinance to override those rules. The League of California Cities is urging cities to oppose this bill and submit a letter of opposition. AB 516 is currently in the Senate Appropriations Committee and is scheduled to be heard after summer break which is July 12 - August 12.
II. RECOMMENDATION
Recommendation
DIRECT staff to draft a letter of opposition and mail to author Assembly Member David Chiu (D-San Francisco) and all members of the Senate Appropriations Committee.
Body
III. ALTERNATIVES
DO NOT send a letter opposing AB 516.
IV. BACKGROUND
Should AB 516 pass vehicle owners would not be booted or towed for any of the following reasons:
• 5 or more unpaid parking tickets
• Vehicle registration is more than 6 months late
• Legally parked for more than 72 hours
This is information that law enforcement has access to when calling a tow truck company.
Assembly Member Chiu’s rational for wanting to “relax” towing and booting is because he believes that if a vehicle owner has not paid 5 or more parking tickets and/or has not renewed their registration and/or has not moved their vehicle in over 72 hours from a legal parking space, the owner could likely be indigent, and if a vehicle owner is indigent then then fining them will only compound their financial distress.
LEAGUE OF CA CITIES POSITION
The League has a completely opposite opinion from Assembly Member Chiu. The League believes that motorists that allow their vehicle registration to expire for more than 6 months are not only in violation of state law, but are rejecting their basic responsibility to pay for various programs and services collected with their registration.
The authority to remove vehicles that are operating unlawfully for failing to register within 6 months is an enforcement tool for violation of state and local laws aimed at requiring insurance, keeping our air clean, our storm drains free of pollution, and our streets safe.
The approach in AB 516 rewards people who fail to pay their parking tickets, register their vehicles, or adhere to reasonable policies aimed at preventing abandonment and/or street storage of vehicles, regardless of income. Eliminating proportional consequences for these sorts of vehicle violations will exacerbate parking scarcity by creating an environment vulnerable for exploitation. This bill, coupled with efforts by the state aimed at eliminating local parking minimums, will create quality of life concerns across income demographics in California.
Tonight the Council is asked to consider directing staff to prepare a letter of opposition to be mailed to Assembly Member Chiu and the Senate Appropriations Committee.
V. FISCAL IMPACT
None.
VI. EXHIBITS
None.
Prepared by: Lisa Berglund, Assistant to the City Manager