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Home My WebLink About04 - Amending NBMC Subsection 12.44.040CTY OF F NEWPORT BEACH City Council Staff Report July 14, 2015 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director — (949) 644-3123, dmatusiewicz@newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager PHONE: (949) 644-3153 TITLE: Adoption of Ordinance No. 2015-20 Amending Newport Beach Municipal Code Subsection 12.44.040 ABSTRACT: The second reading and adoption of Ordinance No. 2015-20 (Attachment A), amending Newport Beach Municipal Code ("Municipal Code") Section 12.44.040 to increase on -street parking meter fees. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2015-20, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Section 12.44.040 to Increase On - Street Parking Meter Fees. FUNDING REQUIREMENTS: There are no funding requirements associated with this recommendation. DISCUSSION: On June 23, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015-20, which approved the amendment to Municipal Code Subsection 12.44.040. The amended Ordinance would increase on -street parking rates between $0.10 and $0.50 per hour ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), and categorically exempt pursuant to Sections 15303 (Class 3, New Construction or Conversion of Small Structures - installation of small new equipment) and 15311 (Class 11, Accessory Structures — construction or placement of minor structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 4-1 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Ordinance 4-2 ATTACHMENT A ORDINANCE NO. 2015-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SECTION 12.44.040 TO INCREASE ON -STREET PARKING METER FEES WHEREAS, California Vehicle Code Section 22508 authorizes the City of Newport Beach ("City") to establish parking meter fees by ordinance; WHEREAS, the City's parking meter fees are established in Newport Beach Municipal Code Section 12.44.040; WHEREAS, the City has not increased the on -street parking meter fees in the City since 2010; WHEREAS, the City finds that the modest on -street parking meter fee increase proposed in this ordinance does not have a detrimental impact on public coastal access; and WHEREAS, the revenue generated from the parking meter fees funds a number of important items within the City, including but not limited to, traffic control, parking management, installation and maintenance of parking meters, improved public access, recreational activities, beautification projects, and related improvements. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 12.44.040 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.040 Parking Meter Fees. Fees for parking meters in zones established by Section 12.44.020 when the parking meters are in operation are hereby established as follows: A. For the purposes of this section, the non -peak season is defined as the period between October 1st and April 30th of each year and the peak season is defined as the period between May 1st and September 30th of each year. B. One dollar and seventy-five cents ($1.75) per hour at all meters in Zones 1 and 9. C. One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 2, except ninety cents ($0.90) per hour for Coast Highway, Tustin Avenue and Avon Street, one dollar and twenty cents ($1.20) per hour along northbound Newport Boulevard between 26th and 30th Streets, and one dollar and twenty 4-3 Ordinance No. 2015-20 Page 2 of 3 cents ($1.20) per hour for the first two (2) hours and one dollar and seventy-five cents ($1.75) per hour for each additional hour during the non -peak season and two dollars and forty cents ($2.40) per hour for the first two (2) hours and three dollars ($3.00) per hour for each additional hour during the peak season on Balboa Boulevard between "A" Street and Adams Street and Bay Avenue between Main Street and Palm Street. D. One dollar and twenty cents ($1.20) per hour at all meters in Zones 3 and 7. E. One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 4, except one dollar and twenty cents ($1.20) per hour on Lido Park Drive and 28th Street, and one dollar and twenty cents ($1.20) per hour for the first two (2) hours and one dollar and seventy-five cents ($1.75) per hour for each additional hour during the non -peak season and two dollars and forty cents ($2.40) per hour for the first two (2) hours and three dollars ($3.00) per hour for each additional hour during the peak season on Bay Avenue between Adams Street and Palm Street and Palm Street between Bay Avenue and Ocean Front. F. One dollar and twenty cents ($1.20) per hour at all meters in Zone 5 except one dollar and seventy-five cents ($1.75) per hour on 32nd Street between Balboa Boulevard and Newport Boulevard. G. One dollar and seventy-five cents ($1.75) per hour at all meters in Zone 6, except one dollar and twenty cents ($1.20) per hour on 28th Street between Newport Boulevard and Villa Way. H. Ninety cents ($0.90) per hour at all meters in Zone 8. I. Beginning on January 1, 2017 and reoccurring annually thereafter, the on -street parking meter fees provided in Section 12.44.040, or any successor section, shall increase by ten percent (10%) rounded down to the nearest five cents ($0.05), unless the City Manager elects in writing to not increase the on - street parking meter fees for a given year. Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical Cm" Ordinance No. 2015-20 Page 3 of 3 change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The ordinance does not authorize development and it only modifies parking rates at meters within the public right-of-way. Section 5: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23`d day of June, 2015, and adopted on the 14`h day of July, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS EDWARD D. SELICH. MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS FORM: CITY A Y'S OFFICE (�Z. r ) AARON C. HARP, CITY ATTORNEY 4-5