CITY OF POMONA
COUNCIL REPORT
September 16, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: CONSIDERATION OF SUSPENDING THE ESTABLISHMENT OF PREFERENTIAL PARKING DISTRICTS RECOMMENDATION:
It is recommended that the City Council take the following actions:
Approve Staff’s recommendation to suspend the establishment of preferential parking districts while Staff evaluates an update to the prerequisites and findings for considering and establishing preferential parking districts; and Direct Staff to notify petitioners with pending petitions requesting the establishment of preferential parking districts that consideration and establishment of such districts has been suspended.
EXECUTIVE SUMMARY:
At their meeting on July 15, 2024, the City Council directed Staff to review Pomona Municipal Code Section 58-239 – Preferential parking district program (Program) to study a potential update to the prerequisites and findings for considering and establishing preferential parking districts. Staff have begun this process, and in the meantime, is recommending that the Program be suspended while these efforts are ongoing. Taking action to suspend the Program will permit Staff to inform petitioners that the Program is suspended and will halt the review of current petitions (one submitted at this time). Staff anticipates presenting the study results at a future Council meeting in the next 1-2 months.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
There is no fiscal impact at this time.
DISCUSSION:
The Public Works Department, pursuant to the authority granted by California Vehicle Code §22507, administers the preferential parking district program, while Pomona Municipal Code Section 58-239 – Preferential parking district program provides the prerequisites and findings for the establishment of a preferential parking district (District). Currently, the prerequisites and findings are as follows:
To commence consideration of a District, residents shall provide a petition signed by residents living in at least 75% of the adjacent dwelling units in the area proposed for designation.
The City Council, on its own motion, after a duly noticed public hearing, may commence the consideration of a District.
After submittal of petition or upon City Council motion, the City Traffic Engineer shall study the proposed area to determine whether reasonably convenient parking is available to the residents; study shall be completed and a decision reached within 90 days of City Council motion or receipt of petition.
A District shall be established if a shortage of reasonably available and convenient parking for residents of adjacent dwelling units exists.
Any resident aggrieved by the decision to grant or deny establishment of a District may appeal such decision to the City Council.
If a District is established, each adjacent dwelling unit in the area shall pay one-time fee of $40 and will typically receive two (2) permanent permits and two (2). Guest permits are also available, upon request.
Concerns have been raised recently about a decision to grant or deny the establishment of a District based on the seemingly subjective and very broad finding that “a shortage of reasonably available and convenient parking for residents of adjacent dwelling units exists.” California Vehicle Code §22507 does not provide any specific guidance other than to state that “a local ordinance or resolution may contain provisions that are reasonable and necessary to ensure effectiveness of a preferential parking program.” Additionally, it has been suggested that the process and prerequisites should be updated to provide a clearer procedure for both Staff and residents.
While Staff studies a potential update to the ordinance for the establishment of preferential parking districts, it is being recommended that the Program be suspended while these efforts are ongoing. If suspended, Staff will inform petitioners that the Program is suspended and will halt the review of current petitions (one submitted at this time).
Prepared by:
Rene Guerrero
Public Works Director
Consideration of Suspending the Establishment of Preferential Parking Districts