HomeMy WebLinkAbout2022-53 - Amending the Annual Parking Permit, Master Parking Permit, and Overnight Parking Permit Systems Re-Established by Resolution Nos. 2011-109, 2011-110, and 2011-111, to Add Specific Eligibility Criteria and Provisions for Permit RevocationRESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING THE
ANNUAL PARKING PERMIT, MASTER PARKING
PERMIT, AND OVERNIGHT PARKING PERMIT
SYSTEMS RE-ESTABLISHED BY RESOLUTION NOS.
2011-109, 2011-110, AND 2011-111, TO ADD GENERAL
ELIGIBILITY CRITERIA AND PROCEDURES FOR
PERMIT REVOCATION
WHEREAS, Newport Beach Municipal Code Sections 12.12.050 and 12.44.120
provide that a person may park a vehicle in a parking space in any parking lot, facility,
parking meter zone, or other area owned, maintained or operated by the City of Newport
Beach ("City"), as authorized by the City Council, without paying the applicable parking
fee prescribed by the City Council, if the person obtains and displays a current and valid
City -issued permit allowing such parking from the City;
WHEREAS, Resolution Nos. 2011-109, 2011-110, and 2011-111 ("Resolutions")
re-established the Annual Parking Permit, Master Parking Permit, and Overnight Parking
Permit systems for use of City parking lots and parking meter zones; and
WHEREAS, the Resolutions did not include general eligibility criteria and
procedures for permit revocation.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby amend the systems for the Annual
Parking Permit, Master Parking Permit, and Overnight Parking Permit (individually
"Permit" and collectively "Permits") to include the following:
a. Eligibility Criteria. A person with outstanding parking violations or other unpaid
City fees, fines, or penalties shall be ineligible for any Permit until the violations,
fees, fines, and penalties are resolved or satisfied. A person who has had a
Permit revoked shall be ineligible for any Permits for a period of two years from
the date of the revocation.
b. Revocation of Permit. Two or more violations within any 12-month period by
the permittee of any condition of a Permit or of the Newport Beach Municipal
Code, state or federal law that relate in any way to the vehicle listed on a Permit
shall result in revocation of all Permits issued to the permittee. The permittee
shall not be entitled to refund of any Permit fees.
Resolution No. 2022-53
Page 2of3
1. The Finance Director or designee shall mail notice of the revocation to the
address on the Permit application and service shall be deemed to have
been completed at the time of deposit in the mail for delivery by the United
States Postal Service. The revocation shall take effect 14 days from the
date of the written notice of revocation.
2. The permittee may appeal the revocation to the City Manager by filing an
appeal request on forms prescribed by the City Manager prior to the date
the revocation takes effect. The appeal shall be limited to whether the two
or more violations by the permittee involved the vehicle listed on the Permit
and occurred within a 12-month period. The decision of the City Manager,
or the City Manager's designee, to affirm or dismiss the revocation shall be
final.
3. Violations of those provisions of Title 12 of the Newport Beach Municipal
Code or the California Vehicle Code that pertain solely to parking
regulations or restrictions shall not constitute violations for purposes of
Permit revocation.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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 4: 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, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution No. 2022-53
Page 3 of 3
Section 5: 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 23rd day of August, 2022.
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY TORNEY'S OFFICE
ar n C. Harp
City Attorney
�P
C11.I Foµ�
Mayor
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; the foregoing resolution, being Resolution
No. 2022-53 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 23'd day of August, 2022; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Kevin Muldoon, Mayor Pro Tern Noah Blom, Council Member Brad Avery,
Council Member Joy Brenner, Council Member Diane Dixon, Council Member
Duffy Duffield
NAYS: None
ABSENT: Council Member Will O'Neill
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 241h day of August, 2022.
460-y"U",
Leilani . Brown
City Clerk
Newport Beach, California