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HomeMy Public PortalAbout13. Amendment to Claremont Municipal Code Section 10.69Claremont City Council Agenda Report File #: 4931 Item No: 13. TO: ADAM PIRRIE, CITY MANAGER FROM: MELISSA VOLLARO, HUMAN SERVICES DIRECTOR DATE: NOVEMBER 28, 2023 Reviewed by: City Manager: AP SUBJECT: AMENDMENT TO CLAREMONT MUNICIPAL CODE TITLE 10 AMENDING SECTIONS IN CHAPTER 10.69 - CLAREMONT HILLSIDES WILDERNESS PARK AND THOMPSON CREEK TRAIL REGULATED PARKING LOTS (FUNDING SOURCE: WILDERNESS PARK PARKING LOT FUND) SUMMARY On January 8, 2013, the City Council adopted an ordinance adding Chapter 10.69 to the Claremont Municipal Code, instituting the parking permit program at the Claremont Hills Wilderness Park and Thompson Creek Trail. Since that time, advancements in technology, such as license plate -based permitting, have been developed which allow for more flexibility in the issuance of parking permits. To utilize these new technologies, Chapter 10.69 must be amended to reflect these advancements. Other amendments to the Chapter include updating language to reflect the current "Claremont Hills Wilderness Park" name rather than the previous "Claremont Hillsides Wilderness Park" name and updating staff titles to reflect the current organizational structure of the City. RECOMMENDATION Staff recommends that the City Council introduce for first reading, and that reading be by title only AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 10 OF THE CLAREMONT MUNICIPAL CODE TO AMEND EXISTING SECTIONS IN CHAPTER 10.69 (CLAREMONT HILLSIDES WILDERNESS PARK AND THOMPSON CREEK TRAIL REGULATED PARKING LOTS). CLAREMONT Page 1 of 3 Printed on 11/22/2023 ALTERNATIVES TO RECOMMENDATION In addition to the recommendation, there are the following alternatives: A. Do not adopt the ordinance. B. Request additional information and direct staff to bring the ordinance back at a future meeting. FINANCIAL REVIEW The staff cost to prepare this report is estimated at $1,068 and is included in the operating budget of the Human Services Department. ANALYSIS In 2022, it was determined that the current parking meters in the Claremont Hills Wilderness Park and Thompson Creek Trail parking lots were reaching the ends of their service lives. Staff researched replacement options that would improve service levels, including mobile payment and online permitting. As part of this process, it was determined that an amendment to the Municipal Code was necessary to implement any type of improved permitting process, and to allow for additional flexibility to modernize the permitting program as opportunities arise. Therefore, the following changes were incorporated into the proposed ordinance: • Expanding the methods by which parking permits may be issued to include electronic permits. • Removing language specifying the duration of resident permits and the quantity issued to each household to allow for alternative methods which may expand access. • Removing language specifying the duration of metered permits to allow for extended durations listed in the current fee schedule adopted by the City Council. • Updating the location where printed annual and resident permits must be displayed. • Specifying that printed annual or resident permits must be permanently adhered to the windshield. • Expanding on provisions prohibiting the use of false identification to obtain a resident permit. Furthermore, the proposed amendments revise outdated language. Proposed changes include: • Replacing the name "Claremont Hillsides Wilderness Park" with "Claremont Hills Wilderness Park" • Replacing the title of "Community and Human Services Director" with "Human Services Director" to reflect the separation of Departments. LEGAL REVIEW The ordinance being considered by the City Council has been reviewed and approved as to form by the City Attorney. CLAREMONT Page 2 of 3 Printed on 11/22/2023 )GvN¢>ic>ri by I egis[ai RELATIONSHIP TO CITY PLANNING DOCUMENTS Staff has evaluated the agenda item in relationship to the City's strategic and visioning documents and finds that it applies to the following City Planning Documents: 2022-24 Budget. CEQA REVIEW This item is not subject to environmental review under the California Environmental Quality Act (CEQA). PUBLIC NOTICE PROCESS The agenda and staff report for this item have been posted on the City website and distributed to interested parties. If you desire a copy, please contact the City Clerk's Office. Submitted by: Prepared by: Melissa Vollaro Eric Ey Human Services Director Human Services Manager Attachment: Ordinance Amending Chapter 10.69 of the Claremont Municipal Code CLAREMONT Page 3 of 3 Printed on 11/22/2023 ATTACHMENT ORDINANCE NO. 2023 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, ADOPTING AMENDMENTS TO TITLE 10 OF THE CLAREMONT MUNICIPAL CODE TO AMEND EXISTING SECTIONS IN CHAPTER 10.69 (CLAREMONT HILLSIDES WILDERNESS PARK AND THOMPSON CREEK TRAIL REGULATED PARKING LOTS) WHEREAS, the City of Claremont ("City") has adopted the Claremont Municipal Code, which includes Chapter 10.69 titled "Claremont Hillsides Wilderness Park and Thompson Creek Trail Regulated Parking Lots" ("Chapter 10.69"); and WHEREAS, Chapter 10.69 only allows the City to issue printed parking permits for the Claremont Hills Wilderness Park; and WHEREAS, as a result of advances in technology, the City now has the opportunity to offer electronic parking permits for the Claremont Hills Wilderness Park; and WHEREAS, the proposed amendments to the Claremont Municipal Code update Chapter 10.69 to allow the City to use an electronic parking permit system for the Claremont Hills Wilderness Park; and WHEREAS, the City Council has considered the staff report and all of the information, evidence, and testimony received in connection with the public meeting on this Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CLAREMONT, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein. SECTION 2. CEQA. The proposed amendments to the Municipal Code are not considered a "project" under the California Environmental Quality Act (CEQA). Section 15378(b)(2) excludes "[c]ontinuing administrative . . . activities" from its definition of "project." Even if the amendments were a "project," they would be exempt from environmental review pursuant to Section 15061(b)(3) of the CEQA Guidelines. The proposed amendments will not result in a direct physical change to the environment. SECTION 3. Code Amendments. Chapter 10.69 of the Claremont Municipal Code is hereby amended as set forth below: Ordinance No. 2023 - Page 2 Chapter 10.69 CLAREMONT HILLS WILDERNESS PARK AND THOMPSON CREEK TRAIL REGULATED PARKING LOTS Sections: 10.69.010 Purpose 10.69.020 Authority of Human Services Director 10.69.030 Resident permit 10.69.040 Annual permit 10.69.050 Metered permit 10.69.060 Parking lot hours 10.69.070 Display of permit 10.69.080 Compliance with policy 10.69.090 Violations —Penalties 10.69.010 Purpose. This chapter is enacted to establish a parking permit program for the Claremont Hills Wilderness Park and Thompson Creek Trail parking lots. No person shall park a motorized vehicle in the Claremont Hills Wilderness Park parking lot or the Thompson Creek Trail parking lot unless a parking permit required by this chapter has been obtained and is properly displayed on such vehicle pursuant to Section 10.69.060. 10.69.020 Authority of Human Services Director. The Human Services Director or his/her/their designee is authorized to establish rules and procedures, to produce and post signs, and to prepare forms and other materials necessary or appropriate for the implementation of this chapter. 10.69.030 Resident permit. The City will provide a mechanism for Claremont residents to park in the Thompson Creek Trail parking lot, located at the corner of Mills Avenue and Mt. Baldy Road, free of charge. This mechanism will be determined by the Human Services Director and may include, but is not limited to, printed or electronic permits. 10.69.040 Annual permit. Annual parking permits may be purchased for a fee established by City Council policy, which will permit parking in both the Claremont Hills Wilderness Park and the Thompson Creek Trail parking lots. 10.69.050 Metered permit. Temporary parking permits may be purchased for a fee established by City Council policy at on -site meters in both the Claremont Hills Wilderness Park and Thompson Creek Trail parking lots. Temporary parking permits issued pursuant to Ordinance No. 2023 - Page 3 this section will permit parking in both the Claremont Hills Wilderness Park and Thompson Creek Trail parking lots in increments set forth in policies issued pursuant to Section 10.69.020. 10.69.060 Parking lot hours. A. No person shall park a motorized vehicle in the Claremont Hills Wilderness Park parking lot during hours that the park is not open, as specified in Section 11.10.O50(B), regardless of whether a parking permit has been issued or is displayed in such vehicle. B. No person shall park a motorized vehicle in the Thompson Creek Trail parking lot during hours that the trail is not open, as specified in Section 1 1.02.010(A), regardless of whether a parking permit has been issued or is displayed in such vehicle. 10.69.070 Display of permit. Printed parking permits issued pursuant to this chapter shall be clearly displayed on the vehicle's passenger side windshield. Any printed permit, excluding metered permits as defined in Section 10.69.050, must be permanently adhered to the windshield. It is a violation of this chapter to display an annual or resident permit that is not permanently adhered to the windshield. 10.69.080 Compliance with policy. Use of the Claremont Hills Wilderness Park and Thompson Creek Trail parking lots shall be subject to and in compliance with the Claremont Hills Wilderness Park parking permit program policy, as adopted by the City Council. 10.69.090 Violations —Penalties. A. It is a violation of this chapter for any person to: 1. Falsely represent him or herself as eligible for a resident parking permit or to furnish false information in an application therefor. 2. Improperly use or display a resident parking permit issued pursuant to this chapter, or allow another person to use or display a resident parking permit that was not issued to that person or to his or her household. 3. Copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit. 4. Sell, loan or otherwise transfer to another person a resident parking permit issued pursuant to this chapter that was not issued to that person or to his or her household. 5. Obtain, attempt to obtain, or use identification or a copy of identification that was not issued to that person to receive or attempt to receive resident permit parking as defined in section 10.69.030. Ordinance No. 2023 - Page 4 B. Any violation of any provision of this chapter shall be punishable as a misdemeanor, unless the citing officer or the prosecuting attorney determines that it would be in the interests of justice to cite or prosecute the violation as an infraction. SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 5. Publication. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption of it, and within fifteen (15) days, publish a summary of the Ordinance in the Claremont Courier, a weekly newspaper of general circulation, printed, published, and circulated in the City of Claremont. SECTION 6. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED this day of 2023. Mayor, City of Claremont ATTEST: City Clerk, City of Claremont APPROVED AS TO FORM: