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HomeMy WebLinkAbout05 - Amending the Annual Parking Permit, Master Parking Permit, and Overnight Parking Permit SystemsQ SEW Pp�T CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report August 23, 2022 Agenda Item No. 5 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Scott Catlett, Finance Director/Treasurer - 949-644-3323, scatlett@newportbeachca.gov PREPARED BY: Janine Williamson, Fiscal Specialist, jilliamson@newportbeachca.gov PHONE: 949-644-3142 TITLE: Resolution No. 2022-53: Amending the Annual Parking Permit, Master Parking Permit, and Overnight Parking Permit Systems ABSTRACT: In order to discourage violations of the Newport Beach Municipal Code (NBMC), state law, and federal law by occupants of the City of Newport Beach's off-street and on -street parking spaces, staff is requesting the authority to revoke parking permits where there are two or more violations. RECOMMENDATIONS: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution 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. DISCUSSION: The City of Newport Beach (City) offers three parking permits that are available for purchase by the general public: 1. Master Parking Permit - allows a permitted vehicle to park in any paid parking space in Newport Beach without payment; 5-1 Resolution No. 2022-53: Amending the Annual Parking Permit, Master Parking Permit, and Overnight Parking Permit Systems August 23, 2022 Page 2 2. Annual (Blue Pole) Parking Permit — allows a permitted vehicle to park in paid parking spaces in certain lots, areas, or parking spaces that display an "A" symbol without payment; and 3. Balboa Municipal Lot Overnight Parking Permit— allows a permitted vehicle to park day or night in any paid parking space in the Balboa Pier Parking Lot without payment. The City sells approximately 800 Master Permits, 2,000 Annual Permits, and 100 Overnight Permits each year. Occasionally, parking permit holders are issued administrative citations for NBMC violations such as illegal vending from a personal vehicle. The revocation of parking permits is one more tool to ensure compliance with the Municipal Code, as well as state or federal law. Parking permits are assigned to a person and a specific vehicle license plate. The proposed resolution provides that if a permit holder violates any provision of the parking permit conditions, NBMC, state law, or federal law, except for Title 12 violations of the NBMC and the California Vehicle Code (CVC), two or more times in any 12-month period, and the violations relate in any way to the vehicle with a parking permit, then the parking permit will be revoked from that vehicle and any other vehicle that person may own that has a Newport Beach parking permit. Additionally, that person may not purchase any parking permit for any vehicle for two years from the date of revocation Violations of Title 12 of the NBMC and the CVC (parking citations) are excluded from this proposed Resolution No. 2022-53. Parking citations can be issued to parking permittees for Title 12 violations such as parking past time limits and for street sweeping. Permittees can often receive more than two citations in any 12-month period. Revocation is a severe penalty for this type of NBMC violation. So long as the customer pays their parking citations in full, their permits will not be revoked, and they may purchase another parking permit. Vehicles with five or more unpaid parking citations may be impounded pursuant to CVC Section 22651. FISCAL IMPACT: There is no fiscal impact related to this item. 5-2 Resolution No. 2022-53: Amending the Annual Parking Permit, Master Parking Permit, and Overnight Parking Permit Systems August 23, 2022 Page 3 ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A —Resolution No. 2022-53, A Resolution of the City Council 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 Specific Eligibility Criteria and Provisions for Permit Revocation Attachment B — Resolution No. 2011-109, A Resolution of the City Council of the City of Newport Beach Re -Establishing an Annual Parking Permit System for Use in Certain City Parking Lots and Off -Street Parking Meter Zones, and Rescinding Resolution No. 95-133 Attachment C — Resolution No. 2011-110, A Resolution of the City Council of the City of Newport Beach Re -Establishing a Master Parking Permit System, and Rescinding Resolution No. 95-134 Attachment D — Resolution No. 2011-111, A Resolution of the City Council of the City of Newport Beach Re -Establishing an Overnight Parking Permit System for the Use of Parking Spaces in the Balboa Municipal Lot and Rescinding Resolution No. 95-135 5-3 ATTACHMENT A RESOLUTION 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. 5-4 Resolution No. 2022- Page 2 of 3 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. 5-5 Resolution No. 2022- 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. Brad Avery Mayor ATTEST: Leilani 1. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE A'aroh C. Harp City Attorney 5-6 ATTACHMENT B RESOLUTION NO. 2011-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RE-ESTABLISHING AN ANNUAL PARKING PERMIT SYSTEM FOR USE IN CERTAIN CITY PARKING LOTS AND OFF-STREET PARKING METER ZONES, AND RESCINDING RESOLUTION NO. 95-133. WHEREAS, Section 12.44.120 of the Newport Beach Municipal Code provides that, in off-street parking meter zones previously established by Resolution, a vehicle may be parked and remain parked in a parking space without the deposit of coins if such vehicle has displayed a current, valid Annual Parking Permit issued by the City of Newport Beach pursuant to authorization of the City Council; and WHEREAS, the City of Newport Beach operates parking facilities where a vehicle may be parked, and remain parked without the payment of fees, if such vehicle has displayed a current, valid Annual Parking Permit issued by the City of Newport Beach pursuant to authorization of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. There is hereby established a parking permit system consisting of a non- transferable, Annual Parking Permit which, when affixed to the front windshield of a vehicle within a seven-inch (7") square in the lower corner farthest removed from the driver's position, shall authorize the parking of such vehicle in designated spaces in Parking Meter Zones g, 11, 12, 14, 15, 16, 20, 21, 22, 23, 24, 25, 26 and 27, without requiring the deposit of coins in the parking meter located adjacent to said parking space. The Annual Parking Permit shall be valid only in spaces designated by having the adjacent parking meter post painted blue. Such Annual Parking Permit shall also authorize vehicles displaying said permit to use the City parking lot located at the Corona del Mar State and City Beach Park, the Balboa Municipal Parking Lot, and the Superior Avenue Parking Lot, without requiring the payment of an additional parking fee, provided said lots are open for parking and space is available therein. Such Annual Parking Permit shall not be valid in the Balboa Municipal Parking Lot between the hours of 3:00 a.m. to 6:00 a.m. It shall not, however, establish any priority for parking spaces. 2. The Annual Parking Permit established pursuant to this Resolution shall not be usable for vehicles 84 inches or more in width AND more than 84 inches in height OR more than 20 feet in length OR without windshields. 3. The Annual Parking Permit hereinbefore established shall be appropriately designed and dated to indicate the appropriate year during which said Annual Parking Permit shall be valid. 4. The adoption of this Resolution shall not be construed to impair the validity of any existing Annual Parking Permit, and all said Annual Parking Permits shall continue to be effective for the term issued therefore. 5-7 5. The fee for the Annual Parking Permit shall be one hundred fifty dollars ($150.00). Thereafter, the fee will be increased each year, based upon any interim increase in the Consumer Price Index (the Los Angeles, Long Beach and Anaheim Index). This increase shall be rounded to the nearest whole dollar and shall become effective on January 1 of any year that the City Council does not otherwise revise the fee. 6. Annual Parking Permits purchased on or after October 1 of any year shall have the fee reduced seventy-five percent (75%). 7. Persons 65 years of age or older may purchase a total of one (1) Annual Parking Permit at a reduced rate, which shall be fifty percent (50%) of the regular fee which is set forth in this Resolution, subject to the satisfactory evidence of the following: (a) Proof of age; and (b) That the vehicle for which an Annual Parking Permit is requested be registered to and driven by the person requesting said permit. 8. Persons who have served or are serving in the United States military may purchase a total of one (1) Annual Parking Permit at a reduced rate, which shall be twenty-five percent (25%) of the regular fee, subject to the satisfactory evidence of the following. (a) Military identification; and (b) That the vehicle for which an Annual Parking Permit is requested be registered to and driven by the person requesting said permit. BE 1T FURTHER RESOLVED that Resolution No. 95-133 be and hereby is rescinded. ADOPTED this 22nd day of November 2011. Mayor ATTEST: 'A�City Clerk 5-8 STATE OF CALIFORNIA } COUNTY OF ORANGE 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 resolution, being Resolution No. 2011-109 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 22nd day of November, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Hill, Daigle Absent: None Abstain. None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of November, 2011. r a City Clerk Newport Beach, California (Seal) 5-9 ATTACHMENT C RESOLUTION NO. 2011-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RE-ESTABLISHING A MASTER PARKING PERMIT SYSTEM, AND RESCINDING RESOLUTION NO. 95-134, WHEREAS, Section 12.44.120 of the Newport Beach Municipal Code provides that, in any parking meter zones previously established by Resolution, a vehicle may be parked and remain parked in a parking space without the deposit of coins if such vehicle has displayed a current, valid Master Parking Permit issued by the City of Newport Beach pursuant to authorization of the City Council; and WHEREAS, the City of Newport Beach operates parking facilities where a vehicle may be parked, and remain parked without the payment of fees, if such vehicle has displayed a current, valid Master Parking Permit issued by the City of Newport Beach pursuant to authorization of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. There is hereby established a parking permit system consisting of a non- transferable, annual Master Parking Permit which, when affixed to the front windshield of a vehicle within a seven-inch (7) square in the lower corner farthest removed from the driver's position, shall authorize the parking of such vehicle in any metered space and in the Corona del Mar State and City Beach Parking Lot, the Balboa Municipal Parking Lot, and the Superior Avenue Parking Lot, without requiring the payment of an additional parking fee, provided said lots are open for parking and space is available therein. Such Master Parking Permit shall be valid in the Balboa Municipal Parking Lot between the hours of 3:00 a.m. to 6:00 a.m. It shall not, however, establish any priority for parking spaces. 2. The Master Parking Permit established pursuant to this Resolution shall not be usable for vehicles 84 inches or more in width AND more than 84 inches in height OR more than 20 feet in length OR without windshields. 3. The Master Parking Permit hereinbefore established shall be appropriately designed and dated. to indicate the appropriate year during which said Master Parking Permit shall be valid. 4. The adoption of this Resolution shall not be construed to impair the validity of any existing Master Parking Permit, and all said Master Parking Permits shall continue to be effective for the term issued therefore. 5. The fee for the Master Parking Permit shall be $450. Thereafter, the fee will be increased each year, based upon any interim increase in the Consumer Price Index (the Los Angeles, Long Beach and Anaheim Index). This increase shall be rounded to the nearest whole dollar and shall become effective on January 1 of any year that the City Council does not otherwise revise the fee. 5-10 6. Master Parking Permits purchased on or after October 1 of any year shall have the fee reduced seventy-five percent (75%). 7. Persons 65 years of age or older may purchase a total of one (1) Master Parking Permit at a reduced rate, which shall be fifty percent (50%) of the regular fee which is set forth in this Resolution, subject to the satisfactory evidence of the following: (a) Proof of age,- and (b) That the vehicle for which a Master Parking Permit is requested be registered to and driven by the person requesting said permit. 8. Persons who have served or are serving in the United States military may purchase a total of one (1) Master Parking Permit at a reduced rate, which shall be twenty-five percent (25%) of the regular fee, subject to the satisfactory evidence of the following: (a) Military identification; and (b) That the vehicle for which a Master Parking Permit is requested be registered to and driven by the person requesting said permit. BE IT FURTHER RESOLVED that Resolution No. 95-134 be and hereby is rescinded. ADOPTED this 22nd day of November, 2011. Mayor ATTEST: T r City Clerk 0 u (lot IRt'"N� 5-11 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } 1, 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 resolution, being Resolution No. 2011-110 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 22nd day of November, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Hill, Daigle Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of November, 2011. oc- y' 11k�! .r 6w-- City Clerk Newport Beach, California (Seal) 5-12 ATTACHMENT D RESOLUTION NO. 2011-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RE-ESTABLISHING AN OVERNIGHT PARKING PERMIT SYSTEM FOR THE USE OF PARKING SPACES IN THE BALBOA MUNICIPAL LOT AND RESCINDING RESOLUTION NO. 95-135. WHEREAS, Section 12.12.050 of the Newport Beach Municipal Code provides that, in a City parking lot, a vehicle may be parked and remain parked in a parking space if such vehicle has displayed a current, valid overnight parking permit issued by the City of Newport Beach, pursuant to authorization of the City Council; and WHEREAS, the City Council of the City of Newport Beach wishes to establish a Balboa Municipal Lot Overnight Parking Permit and designate the fees and regulations governing the use of said Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. There is hereby established a parking permit system consisting of a non -transferable, annual Overnight Parking Permit which, when affixed to the front windshield of a vehicle within a seven-inch (7) square in the lower corner farthest removed from the driver's position, shall authorize the overnight parking of such vehicle in the Balboa Municipal Lot. The Master Parking Permit shall be valid for overnight parking in the Balboa Municipal Lot. The Annual Parking Permit shall not be valid for overnight parking in the Balboa Municipal Lot. Overnight parking is hereby defined for this parking lot to mean between the hours of 3:00 a.m. to 6:00 a.m. It shall not, however, establish any priority for parking spaces_ 2. The Overnight Parking Permit established pursuant to this Resolution shall allow a vehicle to remain in the Balboa Municipal Parking Lot continuously for a period of up to seven (7) days without the payment of the regular parking fee. 3. -The Overnight Parking Permit established pursuant to this Resolution shall not be used for the parking of buses. For purposes of definition within this Resolution, the term "bus" shall mean any motor vehicle, other than a motor truck or truck tractor, designed for carrying more than nine (9) people, including the driver, and used or maintained for the transportation of passengers. 4. The Overnight Parking Permit established pursuant to this Resolution shall not be usable for vehicles 84 inches or more in width AND more than 84 inches in height OR more than 20 feet in length OR without windshields. 5. The Overnight Parking Permit hereinbefore established shall be appropriately designed and dated to indicate the appropriate year during which said Overnight Parking Permit shall be valid. 5-13 6. The adoption of this Resolution shall not be construed to impair the validity of any existing Overnight Parking Permit, and all said Overnight Parking Permits shall continue to be effective for the term issued therefore. 7. The annual fee for the Balboa Municipal Lot Overnight Parking Permit shall be two hundred twenty-five dollars ($225.00). Thereafter, the fee will be increased each year, based upon any interim increase in the Consumer Price Index (the Los Angeles, Long Beach and Anaheim Index). This increase shall be rounded to the nearest whole dollar and shall become effective on January 1 of any year that the City Council does not otherwise revise the fee. 8. Overnight Parking Permits purchased on or after October 1 of any year shall have the fee reduced seventy-five percent (75%). 9. Persons 65 years of age or older may purchase a total of one (1) Overnight Parking Permit at a reduced rate, which shall be fifty percent (50%) of the regular fee which is set forth in this Resolution, subject to the satisfactory evidence of the following: (a) Proof of age, and (b) That the vehicle for which an Overnight Parking Permit is requested be registered to and driven by the person requesting said permit. 10. Persons who have served or are serving in the United States military may purchase a total of one (1) Overnight Parking Permit at a rate, which shall be reduced twenty- five percent (25%) of the regular fee subject to the satisfactory evidence of the following: (a) Military identification; and (b) That the vehicle for which an Overnight Parking Permit is requested be registered to and driven by the person requesting said permit. BE IT FURTHER RESOLVED that Resolution No. 95-135 be and hereby is rescinded. ADOPTED this 22nd day of November, 201' Mayor ATTEST: 4h� �� ?ffpffi,/ City Clerk 5-14 STATE OF CALIFORNIA } COUNTY OF ORANGE 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 resolution, being Resolution No. 2011-111 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 22nd day of November, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Hill, Daigle Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of November, 2011_ U1 n ;, City Clerk Newport Beach, California (Seal) LPL{ FO 5-15