HomeMy WebLinkAbout2017-24 - 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.
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J ifer N son
sistan(�ity Clerk
Newport Beach, California
(Seal)