HomeMy WebLinkAbout2021-8 - Enacting Newport Beach Municipal Code Section 12.44.111 to Permit the Establishment of Overstay Charges for Parking at Public Electric Vehicle Charging StationsORDINANCE NO. 2021-8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ENACTING
NEWPORT BEACH MUNICIPAL CODE SECTION
12.44.111 TO PERMIT THE ESTABLISHMENT OF
OVERSTAY CHARGES FOR PARKING AT PUBLIC
ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, the City currently owns and operates electric vehicle charging
stations at various City owned properties including: Civic Center, Newport Coast
Community Center, Oasis Senior Center, and Marina Park;
WHEREAS, the number of electric vehicle owners and demand for public electric
vehicle charging stations continues to grow;
WHEREAS, parking spaces designated for use of public electric vehicle charging
stations are intended to be occupied only while the station is in active use;
WHEREAS, encouraging turnover at parking spaces designated for use of public
electric vehicle charging stations is necessary to maximize station access;
WHEREAS, the City's current Parking Violation Penalty Schedule adopted
through Resolution No. 2020-30 includes a fine of $61 for parking at a public electric
vehicle charging station while not charging or blocking a public electric vehicle charging
station, which would be issued through a parking citation;
WHEREAS, new "smart" public electric vehicle charging stations (i.e. network -
connected) are equipped with technology to automatically charge drivers for overstaying
in a parking space designated for use of a public electric vehicle charging station
beyond the charging session;
WHEREAS, although a parking citation may be issued to electric vehicles that
are not plugged into and actively charging from the public electric vehicle charging
station, to encourage turnover at parking spaces designated for use of public electric
vehicle charging stations, staff recommends adoption of an automatic overstay charge.
Ordinance No. 2021-8
Page 2 of 3
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Newport Beach Municipal Code Section 12.44.111 is hereby added
to read as follows:
12.44.111 Public Electric Vehicle Charging Station Parking.
No person owning or operating a vehicle shall cause such vehicle to remain
parked at a public electric vehicle charging station after the vehicle has completed
charging. An overstay charge shall automatically apply to vehicles that remain plugged
into the public electric vehicle charging station when the charging session has already
been completed. Such overstay charge may be on a per -minute basis after a
designated grace -period, which may be established and changed, from time to time, by
resolution.
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 or phrases be declared invalid or
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 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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.
Ordinance No. 2021-8
Page 3 of 3
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, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar 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 9th day of March, 2021, and adopted on the 23rd day of
March, 2021, by the following vote, to -wit:
AYES: Mayor Avery, Council Member Blom Council Member Brenner Council
Member Dixon Council Member O'Neill
NAYS: Mayor Pro Tem Muldoon
ABSENT: Council Member Duffield
"Z
AVERY, MAYO
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
R N C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, 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 ordinance, being Ordinance
No. 2021-8 was duly introduced on the 9th day of March, 2021, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 23rd day of March, 2021, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Will O'Neill
NAYS: Mayor Pro Tem Kevin Muldoon
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 2411 day of March, 2021.
W
Uilani I. Brown, MM
=� ity Clerk
c-qll�pfiN City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-8 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: March 13, 2021
Adopted Ordinance: March 27, 2021
In witness whereof, I have hereunto subscribed my name this JA day of April, 2021.
C
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California