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Home My WebLink About97-30 - Amending Sections 12.44.025 and 12.44.027 of the Newport Beach Municipal Code Pertaining to Off- Street Parking Facilities Fund and Neighborhood Enhancement Reserve• ORDINANCE NO. '97-30 . AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.44.025 AND 12.44.027 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OFF - STREET PARKING FACILITIES FUND AND NEIGHBORHOOD ENHANCEMENT RESERVE WHEREAS, the City Council has determined. that the Off - Street Parking Facilities Fund has a balance that is more than sufficient to meet demands on that fund in the near future; and WHEREAS, the City Council has identified the need for additional general fund resources to address urgent issues in the near future, as well as the need for neighborhood enhancements in the general vicinity of the on- street parking meters contributing to the Off - Street Parking Facilities Fund; NOW, THEREFORE, the City Council of the City of Newport Beach does hereby • ordain as follows: SECTION 1: Section 12.44.025 of the Newport Beach Municipal Code is amended to read as follows: 12.44.025 Creation of Off - Street Parking Facilities Fund Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund to be known as the Off - Street Parking Facilities Fund is hereby created. Except as provided in subsections (A), (B), and (C), fifty (50) percent of the gross meter fees collected as a result of the operation of parking meters within the on -street parking meter zones, as presently established by Section 12.44.020 or as the same may in the future be amended or revised, shall be deposited in said fund. Said fund shall be used only for purposes of the acquisition, development, and • improvement of public off -street parking facilities located within the general vicinity of the Ord 97 -30 parking meters contributing to the fund, and for any expenditures necessary or convenient to • accomplish said purposes. For purposes of this section, the term 'off- street parking facilities" shall mean public parking lots, garages, structures, buildings and appurtenances for the parking of motor vehicles. A. Meters Serving Recreational Areas. Fees derived from the operation of parking meters on 15th Street between Oceanfront and Newport Bay (Zone 6) as well as other areas or zones considered to be serving recreational needs shall be deposited in the general fund. B. Cannery Village Special Parking Fund. The Cannery Village Special Parking Fund is hereby established and includes the area bounded by 26th Street on the south, northbound Newport Boulevard on the west, 32nd Street and Lido .Park Drive on the north, and 28`h Street and Newport Bay on the east. All parking meter revenues derived from within the Cannery Village Special Parking Fund shall • be used solely for the provision of additional parking facilities within the boundaries of the district through June 30, 1993. The Cannery Village; Parking Fund shall cease existence as of July 1, 1993. C. Suspension of Deposit to Fund. Fees derived from the operation of parking meters during the 1996 -97 and 1997 -98 fiscal years shall not be deposited in the off - Street Parking Facilities Fund, but shall remain in the general fund. SECTION 2: Section 12.44.027 of the Newport Beach Municipal Code is amended to read as follows: 12.44.027 Neighborhood Enhancement Reserve. A. Creation. • 2 Ord 97 -30 1. Pursuant to the authority contained in Section 1 1 13 of the City Charter, a special capital • improvement fund, to be known as the Neighborhood Enhancement Reserve, is hereby created. 2. The City Council may, by ordinance, establish Neighborhood Enhancement Areas and shall specify those parking meters located within each area which are to contribute to the Reserve. Fifty (50) percent of the gross meter fees collected from the designated meters shall be deposited in said Reserve. In areas or zones not considered to be serving recreational needs, deposits to the Reserve shall take the place of deposits to the Off - Street Parking Facilities Fund provided in Section 12.44.025. 3. Said reserve shall be used for purposes of enhancing and supplementing services to the neighborhood in the general vicinity of the parking, meters contributing to the fund and not supplanting existing services. Enhancements may be in the form of capital improvements, special services or extraordinary maintenance and shall include all expenditures necessary or convenient • to accomplish said purposes. B. The following Neighborhood Enhancement Areas are hereby established pursuant to the provisions of this chapter: 1. Area "A" - West Newport. This area is bounded by Balboa Boulevard, West Coast Highway, Summit Street and 32nd Street. Revenues from meters located in parking Meter Zone 9 shall be apportioned to the Reserve for this area. (Ord. 95 -12 dated 1, 1995) 2. Area "B" - Balboa Peninsula. This area is bounded by the Santa Ana River on the west; Coast Highway, Newport Boulevard, Newport Island Channel and Newport Harbor on the north, "I" Street on the east; and the Pacific Ocean on the south. This area excludes Area "A," described in Paragraph I of this Section. Fifty percent (50 %) of the gross meter fees collected from on -street parking meters in this • area shall be deposited in the Reserve for this area beginning July 1, 1998. The City Council shall 3 Ord 97— 30 set a termination date for the deposit of fees to the F,eserve for Area `B" after determining the • extent of neighborhood enhancements to be made. SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This Ordinance was adopted at a regular meeting of the City Council of the City of Newport Beach held on the 11thday of August , 1997, by the following vote: • M YOR ATTEST: CITY CLERK • AYES, COUNCILMEMBERS O'NEIL, THOMSON, EDWARDS HEDGES, GLOVER, NOYES, MAYOR DEBAY NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBE.RS NONE 11 • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 97 -30 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of August, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of August, 1997. (Seal) � P City Clerk of the City of = Newport Beach, California 4l.Fi7R1`�... _p CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF NEWPORT BEACH I I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -30 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 daily newspaper of general circulation on the following date, to wit: August 16, 1997. In witness whereof, I have hereunto subscribed my name this 24-4— day of OAA 1997. City Clerk of the City of Newport Beach, California