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CC SR 20220621 G - SB 1079 Vehicle Noise Limit Pilot Program CITY COUNCIL MEETING DATE: 06/21/2022 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA TITLE: Consideration and possible action to authorize the Mayor to sign a letter supporting Senate Bill No. (SB) 1079 (vehicles with modified exhaust systems). RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter supporting SB 1079, which would create a pilot program in six cities to evaluate the use of sound -activated devices to enforce vehicle noise limit laws particularly vehicles with modified exhaust systems. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: McKenzie Bright, Administrative Analyst REVIEWED BY: Karina Bañales, Deputy City Manager APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft letter supporting SB 1079 (page A-1) B. Text of SB 1079 (as amended May 23, 2022) BACKGROUND AND DISUCSSION: On November 2, 2021, the City Council adopted the City’s 2022 Legislative Platform, outlining the policy positions of the City.1 The platform is intended to help the City maintain and enhance a high quality of life and safety for all residents. The City continues to experience instances of vehicles with modified exhaust systems, exceeding the sound requirements mandated by the California Vehicle Code (CVC). The City has engaged in public information campaigns, including posting information on the City website and social media pages, as well as utilizing message boards in areas with increased reports of loud exhaust. In addition, the City has funded supplemental patrols for the Sheriff’s Department to conduct loud exhaust enforcement patrols. 1 The 2022 Legislative Platform and a record of the bills the City Council has taken a position on during the 2021-2022 legislative session is available at rpvca.gov/LegislationCorner. 1 SB 1079, introduced by Senator Anthony Portantino (La Cañada Flintridge), would authorize six unspecified cities to conduct a five-year pilot program using sound-activated enforcement devices to capture vehicle noise levels that exceed limits set in the CVC: 95 decibels (dBA) for vehicles and 80 dBA for motorcycles. Existing California law prohibits a person from modifying their vehicles in any way that amplifies the noise emitted by the vehicle . The pilot program would utilize cameras that are activated by noise exceeding set dBA limits, functionally similar to red light cameras, which capture information that can be used to issue a ticket. The cities of New York and Knoxville, Tennessee began pilot programs with noise-monitoring cameras in February 2022. The bill does not provide any funds to implement the pilot program, leaving the participating city responsible for the acquisition, installation, monitoring, etc. of the cameras. The participating city would also be responsible for establishing standards for the use of the cameras and associated data and be required to file annual progress reports. Staff does not recommend pursuing becoming a participant in the pilot program because of costs and staff monitoring, but the data collected through the other, unnamed, pilot cities could have valuable results that could be implemented in the City, potentially with future grant funding if the pilot program is successful in reducing loud exhaust violators. Sound-detecting cameras are a relatively new invention and the technology that exists today is relatively limited: the cameras require manual (staff resources) review of footage to confirm that the sound captured is from a vehicle’s exhaust rather than other noise such as a siren, and if more than one vehicle is in the frame, the camera would not be able to pinpoint the offending vehicle. Furthermore, there is some opposition to the bill due to concerns that the program would unfairly penalize individuals who cannot afford to repair their car, as it is not possible to differentiate between loud exhaust caused by intentional illegal modification and a vehicle in need of repairs. While the functionality of the program may have some hurdles, the data collected through the program could be used to develop future sound-detection programs to help reduce intentional vehicle noise pollution. This bill is a step in the right direction when it comes to addressing the adverse impacts associated with modified and loud vehicle exhausts. Therefore, Staff recommends the City Council authorize the Mayor to sign a letter in support of SB 1079 as drafted or with revisions (see Attachment A). ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify revised language to add to the letter. 2. Do not authorize the Mayor to sign the letter. 3. Take other action, as deemed appropriate. 2 June 21, 2022 Via Email The Honorable Anthony Portantino California State Senate 1021 O Street, Suite 7630 Sacramento, CA 95814 SUBJECT: Notice of Support for SB 1079 Dear Senator Portantino: The City of Rancho Palos Verdes respectfully supports SB 1079, which would create a pilot program evaluating the use of sound-activated devices to enforce vehicle noise limit laws. Modifying the exhaust system of a vehicle for the purpose of increasing or amplifying noise emitted is a willful violation of the California Vehicle Code and significantly increases noise pollution experienced by residents thereby adversely impacting the community’s quality of life. In an attempt to discourage such practices, the City has conducted multiple education and enforcement exercises to reduce loud vehicle noise – a short-term solution without any permanent consequences. A pilot program such as the one proposed in this bill would provide valuable data for all cities and law enforcement to evaluate sound-activated devices and their ability to enforce and deter modifications to exhaust systems. We look forward to the results compiled by the participating cities to inform future legislation, as well as illustrate best practices for enforcement of intentional illegal modification of vehicle exhaust systems. For these reasons, the City of Rancho Palos Verdes supports SB 1079. Sincerely, David L. Bradley Mayor, City of Rancho Palos Verdes A-1 Senator Portantino June 21, 2022 Page 2 cc: Ben Allen, Senator, 26th State Senate District Al Muratsuchi, Assemblymember, 66th State Assembly District Jacki Bacharach, South Bay Cities Council of Governments Jeff Kiernan, League of California Cities Marcel Rodarte, California Contract Cities Association Sharon Gonsalves, Renne Public Policy Group Rancho Palos Verdes City Council and City Manager A-2