HomeMy WebLinkAbout2021-12 - Amending Section 12.44.029 (Area Benefit District Reserve) of Chapter 12.44 (Stopping, Standing and Parking Restrictions) of Title 12 (Vehicles and Traffic) of the Newport Beach Municipal Code to Eliminate the Balboa Village Area Benefit DistricORDINANCE NO. 2021-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 12.44.029 (AREA BENEFIT DISTRICT
RESERVE) OF CHAPTER 12.44 (STOPPING, STANDING
AND PARKING RESTRICTIONS) OF TITLE 12 (VEHICLES
AND TRAFFIC) OF THE NEWPORT BEACH MUNICIPAL
CODE TO ELIMINATE THE BALBOA VILLAGE AREA
BENEFIT DISTRICT
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City")
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, on November 25, 2014, the City Council introduced Ordinance No.
2014-21 to create the Area Benefit District Reserve and the Balboa Village Area Benefit
District as set forth in Section 12.44.029 (Area Benefit District Reserve) of the Newport
Beach Municipal Code ("NBMC");
WHEREAS, Section 12.44.029 of the NBMC authorizes the City Council to direct
revenue into the Area Benefit District Reserve by resolution;
WHEREAS, by adoption of this ordinance on June 8, 2021, the City Council
desires to eliminate the Balboa Village Area Benefit District and, contemporaneously
with this action, the City Council is adopting Resolution No. 2021-47 to eliminate the
Balboa Village Area Benefit District Fund and return all unprogrammed funds to the
General Fund; and
WHEREAS, the elimination of the Balboa Village Area Benefit District from
Section 12.44.029 will not prevent the City Council from establishing future area benefit
districts by ordinance, or directing revenue into other area benefit districts.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Chapter 12.44.029 (Area Benefit District Reserve) of the NBMC is
hereby amended to read as follows:
Ordinance No. 2021-12
Page 2 of 3
12.44.029 Area Benefit District Reserve.
A. Creation.
1. The City Council hereby creates a special capital improvement fund, to be
known as the Area Benefit District Reserve.
2. The City Council may, by ordinance, establish Area Benefit Districts and may,
by resolution, direct revenue into the Area Benefit District Reserve.
3. The Area Benefit District Reserve shall be used for the purposes of enhancing
or supplementing services to the Area Benefit District(s) identified or the general
vicinity provided there is a benefit to the Area Benefit District(s). Enhancements or
supplemental services may be in the form of streetscape improvements on public
or private property; other beautification projects, including, but not limited to,
commercial facade improvements; transit, pedestrian, and bicycle infrastructure or
wayfinding signage; the acquisition, leasing or construction of additional parking;
extraordinary maintenance programs for public areas; creation or implementation
of transportation mobility or parking management strategies, including, but not
limited to, shared parking. Expenditures from the Area Benefit District Reserve
may include all expenditures necessary or convenient to accomplish the purposes
for which the funds are to be used.
B. The following Area Benefit District is hereby established pursuant to the provisions
of this chapter:
[INTENTIONALLY LEFT BLANK]
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.
Ordinance No. 2021-12
Page 3 of 3
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.
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 become 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 25th day of May, 2021, and adopted on the 8th day of
June, 2021, by the following vote, to -wit:
AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom
Council Member Duffield, Council Member O'Neill
NAYS: Council Member Brenner, Council Member Dixon
ABSENT:
ATTEST:
BrVERY, MAYOR
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LEILANI I. BROWN ITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
R N C. HARP, CITY A TORNEY
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. 2021-12 was duly introduced on the 251h day of May, 2021, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 81h day of June, 2021, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom,
Council Member Duffy Duffield, Council Member Will O'Neill
NAYS: Council Member Joy Brenner, Council Member Diane Dixon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 9th day of June, 2021.
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Leilani I. Brown, MW
City Clerk
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. 2021-10 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: May 29, 2021
Adopted Ordinance: June 12, 2021
In witness whereof, I have hereunto subscribed my name this day of June, 2021.
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California