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Home My WebLink About2017-24 - Establishing Revised Schedule of Rates for Users of Buses that Park in Off-Street Parking Meter Zone 29, Commonly Known as the Balboa Pier Parking LotRESOLUTION NO. 2017-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ESTABLISHING A REVISED SCHEDULE OF RATES FOR USERS OF BUSES THAT PARK IN OFF-STREET PARKING METER ZONE 29, COMMONLY KNOWN AS THE BALBOA PIER PARKING LOT WHEREAS, California Vehicle Code Sections 32 and 22508 as well as Newport Beach Municipal Code ("NBMC") Section 12.44.030 authorize the City Council of the City of Newport Beach ("City Council") to establish off-street parking meter zones by resolution; WHEREAS, the City Council adopted Resolution No. 2013-33 that established, in part, off-street parking meter Zone 29 ("Zone 29"), commonly known as the Balboa Pier Parking Lot, and established parking meter fees and hours of use for Zone 29; WHEREAS, the City Council adopted Resolution No. 2014-16 amending Resolution No. 2013-33 to modify the parking fees to be consistent with Coastal Development Permit No. 5-13-0506, which generally authorized the installation of electronic automated payment machines and related signage in Zone 29; WHEREAS, the City Council adopted Resolution No. 2014-102 establishing a revised schedule of rates for off-street parking meter zones, including Zone 29; WHEREAS, the City Council adopted Resolution No. 2015-56 establishing new fees for the off-street parking zones, including Zone 29 (which, due to scrivener's error, was erroneously referenced in that resolution as Zone 30 instead of Zone 29); WHEREAS, the City Council, by adopting this Resolution, desires to establish new fees for users of buses seeking to park in Zone 29, and set the fees for such users of buses seeking to park in Zone 29; WHEREAS, it has been a long-standing goal of the City of Newport Beach ("City") to improve traffic circulation and parking management in Balboa Village and promote more efficient use of the available parking spaces in and adjacent to such area, including Zone 29; WHEREAS, the City Council finds a revised bus parking fee rate structure will incentivize the groups, owners, and other users of buses to utilize parking in Zone 29; and WHEREAS, California Vehicle Code Section 22508 further authorizes the City Council to establish fees for parking meter zones and allows fees to be variable based upon criteria identified by the City. Resolution No. 2017-24 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The fees for the parking for commercial users of buses and school users of buses in Zone 29, as established in Resolution No. 2013-33 and amended by Resolution No. 2014-16, Resolution No. 2014-102, and Resolution No. 2015-56, are hereby established as follows: Section 2: The City Manager is authorized to waive the aforementioned fees established herein for Zone 29 when a special event of charitable or civic nature is being held and it is in the best interest of the City and the general public that fees not be charged for the use of any such parking lot in connection with said special event. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution 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) 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. Off Peak Peak Holiday (Oct -April) (May -September) (Memorial, July 4th & Labor Days) Buses — $3.90 hourly $5.70 hourly $5.70 hourly Commercial $39.00 daily $57.00 daily $57.00 daily Users Buses — $1.95 hourly $2.85 hourly $2.85 hourly School Users $19.50 daily $28.50 daily $28.50 daily Section 2: The City Manager is authorized to waive the aforementioned fees established herein for Zone 29 when a special event of charitable or civic nature is being held and it is in the best interest of the City and the general public that fees not be charged for the use of any such parking lot in connection with said special event. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution 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) 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. Resolution No. 2017-24 Page 3 of 3 Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 111h day of April, 2017. ATTEST: an . Brown ity erk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Jennifer Nelson, Assistant City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-24 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 11th day of April, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 121h day of April, 2017. /��E.�/fi�' � J ifer N son sistan(�ity Clerk Newport Beach, California (Seal)