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January 13, 2015, Council Consent Calendar Comments - Jim Mosher Page 4 of 6 <br />With regard to the ordinances, since this is a majority of the Council's first encounter with them, <br />I think it would have been helpful to go back to the redlined versions so they can see how they <br />differ from the present Municipal Code. <br />Regarding the specific ordinances: <br />Ordinance No. 2014-20 (Adopting the Balboa Village Parking Management District Plan <br />and Establishing the Balboa Village Parking Management Overlay District) <br />1. The intent of this ordinance is to eliminate the requirement for off-street parking for most, <br />but not all, commercial uses in Balboa Village. Although there are many who would <br />question the wisdom of not requiring off-street parking for any uses, I find the exclusion <br />of "Marine Services Uses" from the exemption (proposed Subsection 20.28.30.D.1.d.i at <br />the top of page 4-7 of the staff report) particularly problematic. Marine -related uses, as <br />well as Entertainment uses, would seem to me what make the Village unique, and if they <br />are required to provide parking while other uses are not, the a likely consequence of <br />adopting the ordinance as presently written would be to force the traditional "Fun Zone" <br />uses out, to be replaced by less unique uses having no parking requirement. <br />2. As required by NBMC Subsection 20.28.030.A ("Parking Management District Plan <br />Required"), Section 4 of the proposed ordinance says (near bottom of page 4-8 of the <br />staff report) that by voting "yes" the Council will be approving "The Balboa Village <br />Parking Management District Plan," but I would guess it is completely unclear to the <br />public, and probably to most of the Council, exactly what plan is being approved by this <br />ordinance or what it contains. I think a more explicit reference to the document in <br />question is needed, so that what is being approved can be identified and reviewed. <br />3. The assurances in Section 5 that elimination of the off-street parking requirement will <br />have no foreseeable effect on the environment seem questionable to me. <br />Ordinance No. 2014-21 (Amending Newport Beach Municipal Code Sections 12.44.025 <br />and 12.44.027 and Adding Section 12.44.029 Relating to Parking Funds) <br />1. This ordinance seems particularly troublesome to me, and would particularly benefit from <br />the Council seeing a redlined version dramatizing how it differs from the existing Chapter <br />12_44. In particular, it appears to make significant changes to programs completely <br />unrelated to Balboa Village with no mention of that on the agenda or in the staff report, <br />and with no notice to the residents and businesses who might be affected. <br />2. In particular, earlier Councils have used the authority provided in City Charter Section <br />1113 to establish "inviolate" Capital Improvement Funds dedicating parking revenues in <br />other areas of the City to specific uses. The present ordinance appears to terminate the <br />existing flow of 50% of local parking meter revenues into a West Newport fund and into a <br />Balboa Peninsula wide fund. The elimination of the latter is particularly worrisome <br />because I understand the entire balance of the latter fund (and then some?) was used to <br />acquire the former market that became the Palm Street lot in Balboa Village. As a <br />result, other areas on the Peninsula have for many years paid into a fund such as the <br />one being created, but with the changes stand to reap no benefit from it or reciprocity <br />from Balboa Village. <br />