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HomeMy WebLinkAboutOrd 2013-3266ORDINANCE NO. 3266 ORDINANCE OF THE CITY OF CHULA VISTA RENAMING AND AMENDING CHAPTER 10.68 OF THE CHULA VISTA MUNICIPAL CODE TO AUTHORIZE THE CITY MANAGER TO ESTABLISH A CAR SHARING PROGRAM AND TO ISSUE CAR SHARING PROGRAM PARKING PERMITS WHEREAS, caz sharing has been shown to mitigate environmental and transportation issues commonly affecting urban communities, including increased traffic congestion and limited infrastructure capabilities; and WHEREAS, the City seeks to encourage participation in caz sharing programs because such programs offer economic environmental, and community benefits to City residents, employers, and visitors; and WHEREAS, caz sharing supports the City's efforts to reduce greenhouse gas emissions and promotes sustainability, provides City residents, employers, and visitors with affordable transportation options, and is compatible with the City's existing infrastructure; and WHEREAS, car shazing serves to reduce residents' reliance on individually owned automobiles, thereby reducing pressure on already scarce on-street parking spaces and offers a supplement to the limited public transportation options available to City residents; and WHEREAS, California Vehicle Code Section 22507.1 authorizes cities to issue permits to facilitate caz sharing programs. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 10.68 is renamed and amended to read as follows: Chapter 10.68 CAR SHARING PROGRAM AND PERMIT Sections: 10. 68.100 Car Sharing Program 10. 68.200 Car Sharing Program Parking Permit 10. 68.300 Car Sharing Exclusions 10. 68.400 Car Shazing Administrative Fee 10. 68.500 Sunset Clause 10.68.100 Car Sharing Program. The City Manager may establish a car sharing program. The car sharing program shall include, but is not limited to, the following criteria: Ordinance No. 3266 Page No. 2 1. The caz sharing service offered must be member-based service, where such service is available to subscribed members only. Demonstration of membership may include daily, monthly, or annual membership fees, or issuance of membership cards to each member. 2. The caz shazing service vehicles must be accessible to members at all times, 24 hours per day, seven days per week, on a self service basis. 3. The caz shazing service must provide insurance, fuel, and vehicle maintenance as part of the organization's standazd usage fees. 4. Car shazing vehicles must consist of all-electric vehicles, hybrid vehicles, or alternate fuels vehicles. 5. The car shazing service provider must agree to and execute anon-exclusive licensing agreement, which may also serve as a permit pursuant to this chapter, under terms and conditions required by and acceptable to the City Manager and City Attorney. 10.68.200 Car Sharing Program Parking Permit. Notwithstanding the provisions of Title 10, the City Manager may issue permits to vehicles participating in a caz sharing program authorized pursuant to section 10.68.100: (1) allowing car shazing vehicles to pazk, in azeas designated by the City Manager, without regard to time restrictions in metered pazking spaces, permitted on-street pazking, and City-owned public lots; and (2) to permit payment of pazking fees pursuant to an agreement with the participating caz sharing organization rather than at the time of parking. 10.68.300 Car Sharing Exclusions. The following restrictions additionally apply to car sharing pazking permits: 1. Car sharing vehicles shall comply with all other signs or markings posted, authorized or designated by the City of Chula Vista restricting the pazking, standing, stopping or leaving of vehicles. 2. This chapter is not applicable to sections of Title 10 of the Chula Vista Municipal Code involving street sweeping. 3. This chapter is not applicable to pazking, standing, stopping, or leaving of vehicles in private parking spaces or private pazking lots, pazking spaces or any other parking spaces or lots not under the jurisdiction of the City of Chula Vista. 10.68.400 Car Sharing Program Administrative Fee The City may charge an administrative fee for costs of the implementation and administration of the Car Sharing Program. 10.68.500 Sunset Clause This chapter shall be repealed two years from its effective date, unless the City acts to repeal the instant sunset clause. Ordinance No. 3266 Page No. 3 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Richar A. o tins ~ len R. ogins Director of Public orks ~ty Atto ey ~ V Ordinance No. 3266 Page No. 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of May 2013, by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, May ~ ATTEST: ~~~ ~ ~~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3266 had its first reading at a regulaz meeting held on the 21st day of May 2013 and its second reading and adoption at a regulaz meeting of said City Council held on the 28th day of May 2013; and was duly published in summary form in accordance with the requirements of state law and the City Charter. Dated Donna R. Norris, CMC, City Clerk