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Home My WebLink About2014-21 - Amending Newport Beach Municipal Code Sections 12.44.025 and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds (PA2014-016)ORDINANCE NO. 2014 -21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 12.44.025 AND 12.44.027 AND ADDING SECTION 12.44.029 RELATING TO PARKING FUNDS (PA2014 -016) WHEREAS, it has been a long- standing goal of the City of Newport Beach ( "City') to revitalize Balboa Village and to expand its vibrant commercial village serving both visitors and residents; WHEREAS, in 2012, the City evaluated the area to establish policies and programs to spur economic activity and manage existing parking, which resulted in the adoption of the Balboa Village Master Plan; WHEREAS, the Balboa Village Master Plan established a comprehensive parking strategy to better manage existing parking resources before resorting to the construction of new parking, and proposed the establishment of a parking benefit district to provide funding for improvements to Balboa Village; WHEREAS, Pursuant to the authority provided in Section 1113 of the City Charter, the City created the Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve in Newport Beach Municipal Code ( "NBMC ") Sections 12.44.025 and 12.44.027; WHEREAS, the reserve funds are inviolate so that the funds currently deposited into the reserves are utilized for the express purposes provided in NBMC Sections 12.44.025 and 12.44.027; however, additional parking meter revenue may be deposited into these funds by resolution: and WHEREAS, the City desires to create a new fund, entitled the Area Benefit District Reserve which will encompass the purposes of both the Off - Street Parking Facilities Fund and the Neighborhood Enhancement Reserve while also supporting broader transportation- related improvements and services in Balboa Village. 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 hereby 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 created. By resolution, the City Council may direct revenue into the Off - Street Parking Facilities Fund. Ordinance No. 2014 -21 Page 2 of 4 Such 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 parking meters contributing to the fund, and for any expenditures necessary or convenient to accomplish such 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. Section 2: Section 12.44.027 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.44.027 Neighborhood Enhancement Reserve. A. Creation. 1. Pursuant to the authority contained in Section 1113 of the City Charter, a special capital improvement fund, to be known as the Neighborhood Enhancement Reserve, is created. 2. The City Council may, by ordinance, establish Neighborhood Enhancement Areas and may, by resolution, direct revenue into the Neighborhood Enhancement Reserve. 3. Such 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 such 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 West Coast Highway, Semeniuk Slough /Oxbow Loop, West Coast Highway, Newport Boulevard, Newport Island Channel, Rialto Channel, 38th Street, the Pacific Ocean, and Summit Street. 2. Area "B "- Balboa Peninsula. This area is bounded by West Lido Channel, Newport Channel, the Harbor entrance, the Pacific Ocean, 38th Street, Rialto Channel and Newport Island Channel. Section 3: Chapter 12.44 of the Newport Beach Municipal Code is hereby amended by adding Section 12.44.029 to read as follows: Ordinance No. 2014 -21 Page 3 of 4 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 fagade 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: 1. Balboa Village. This area is bounded by Adams Street, Newport Bay, A Street, and the Pacific Ocean. Section 4: 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 and/or phrases be declared unconstitutional. Section 5: 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. The amendment does not authorize development and it only changes the allocation of parking revenues for budgeting purposes. Ordinance No. 2014 -21 Page 4 of 4 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 was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 25th day of November, 2014, and adopted on the 13th day of January, 2015, by the following vote, to -wit: Mayor Selich, AYES, COUNCILMEMBERS Pectter, Petros, Curry, Duffield, Muldoon, Dixon NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None i,e&np,n oL EDWARD D. SELIC , MAYOR ATTEST: r LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATT RN,FY'S OFFICE ( — ( "46 (b r AARON 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. 2014 -21 was duly and regularly introduced on the 25th day of November, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of January 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Mayor Selich NAYS: None Council Member Petros, Council Member Curry, Council Member Muldoon, Mayor Pro Tern Dixon, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14`h day of January, 2015. �i STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } IF0 � r City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -21 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 dates: Introduced Ordinance: December 3, 2014 Adopted Ordinance: January 17, 2015 In witness whereof, I have hereunto subscribed my name this 1 11 rt day of r6 V 2015. `'ELI FORS City Clerk V City of Newport Beach, California (Seal)