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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