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Home My WebLink About03 - Adoption of Ordinance No. 2015-10 Amending NBMC Subsection 12.44.020(F)CTY OF F NEWPORT BEACH City Council Staff Report April 28, 2015 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dan Matusiewicz, Finance Director — (949) 644 -3123, dmatusiewicz @newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager PHONE: (949) 644 -3153 TITLE: Adoption of Ordinance No. 2015 -10 Amending Newport Beach Municipal Code Subsection 12.44.020(F) ABSTRACT: The second reading and adoption of Ordinance No. 2015 -10, amending Newport Beach Municipal Code ( "Municipal Code ") Subsection 12.44.020(F) to add the northerly side of West Balboa Boulevard to On- Street Parkino Meter Zone 6. RECOMMENDATION: Conduct second reading and adopt Ordinance No. 2015 -10, An Ordinance of the City Council of the City of Newport Beach Amending Newport Beach Municipal Code Subsection 12.44.020(F) to add the Northerly Side of West Balboa Blvd. to On- Street Parking Meter Zone 6. FUNDING REQUIREMENTS: If Council approves this item, the City would purchase four (4) pay stations to install along West Balboa Blvd. between 15th Street and 18th Street. Sufficient funding is available for the purchase - $37,228.46 from budget number 6180 -9050. The cost of installation will be approximately $13,000, also from budget number 6180 -9050. These pay stations would also serve the other Marina Park parking lots when Marina Park opens. Staff estimates that the revenue from these new parking spaces would be approximately $43,000 per year. DISCUSSION: On April 14, 2015, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2015 -10, which approved the amendment to Municipal Code Subsection 12.44.020(F). The amended Ordinance adds the northerly side of West Balboa Boulevard to On- Street Parking Meter Zone 6. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQX) pursuant to Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable 3 -1 indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378), and categorically exempt pursuant to Sections 15303 (Class 3, New Construction or Conversion of Small Structures - installation of small new equipment) and 15311 (Class 11, Accessory Structures — construction or placement of minor structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 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: Description Attachment A - Ordinance No. 2015 -10 3 -2 ATTACHMENT A Ordinance No. 2015 -10 3 -3 ATTACHMENT A ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SUBSECTION 12.44.020(F) TO ADD THE NOTHERLY SIDE OF WEST BALBOA BLVD TO ON- STREET PARKING METER ZONE 6 WHEREAS, the City of Newport Beach ( "City ") is currently constructing the Marina Park Project on the Balboa Peninsula ( "Marina Park "), which consists of a multi- purpose building, sailing program building, Girl Scout Leadership Center, restaurant, open space park, fitness equipment, children's play area, instructional sailing basin and transient marina; WHEREAS, in addition to the general public use of the open space park and play area, Marina Park will host recreation classes, special events, restaurant visitors, short- term overnight slip rentals and Girl Scout Leadership Center overnight sleepovers; WHEREAS, to meet visitor parking requirements at Marina Park, three (3) pay parking lots will be available within Marina Park and there will continue to be on- street pay parking at West Bay Avenue, the West Balboa Blvd. center median and 15th Street; and WHEREAS, staff recommends the City Council add the northerly side of West Balboa Blvd., between 15`h Street and 18th Street, creating approximately forty -eight (48) new parking spaces, to on- street Parking Meter Zone 6 to ensure there is adequate parking availability for Marina Park's visitors. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subsection 12.44.020(F) of the Newport Beach Municipal Code is hereby amended to read as follows: F. Zone Six. Fifteenth Street Between Ocean Front and Newport Bay. Balboa Boulevard between 23rd Street and 28th Street. Southwesterly side of Newport Boulevard between 23rd Street and 30th Street. Twenty- eighth Street between Balboa Boulevard and the northeasterly side of Newport Boulevard. Easterly side of 18th Street between Balboa Boulevard and Bay Avenue. Easterly side of 19th Street between Bay Avenue and Newport Bay. Twenty- eighth Street between Newport Boulevard and Villa Way. Northerly side of West Balboa Boulevard, between 15th Street and 18th Street. 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the introduction and approval 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), and categorically exempt pursuant to Sections 15303 (Class 3, New Construction or Conversion of Small Structures - installation of small new equipment) and 15311 (Class 11, Accessory Structures — construction or placement of minor structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. 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 to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) 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 14th day of April, 2015, and adopted on the 28th day of April, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS Page 12 3 -5 -o- ATTEST: EDWARD D. SELICH LEILANI I. BROWN, CITY CLERK APPROVED AS/TO FORM: CITY AT Y'S OFFICE AARO RP, CITY ATTORNEY Page 13 real