Loading...
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