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HomeMy WebLinkAbout2010-95 - Updating Harbor Charges CommitteeRESOLUTION NO. 2010 -95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH FORMING THE CITY COUNCIL AD HOC COMMITTEE ON UPDATING HARBOR CHARGES WHEREAS, the City's tidelands trust, also known as the Beacon Bay Bill (Chapter 74 of the Statutes of 1978), dedicates certain harbor lands and waterways are held in trust by the City on behalf of the people of California; and WHEREAS, the Beacon Bay Bill directs that the City manage these lands as follows: (1) For the establishment, improvement, and conduct of a public harbor; and for the construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, ways, and streets, and other utilities, structures, and appliances necessary or convenient for the promotion or accommodation of commerce and navigation. (2) For the establishment, improvement, and conduct of public bathing beaches, public marinas, public aquatic playgrounds, and similar recreational facilities open to the general public; and for the construction, reconstruction, repair, maintenance, and operation of all works, buildings, facilities, utilities, structures, and appliances incidental, necessary, or convenient for the promotion and accommodation of any such uses. (3) For the preservation, maintenance, and enhancement of the lands in their natural state and the reestablishment of the natural state of the lands so that they may serve as ecological units for scientific study, as open space, and as environments which provide food and habitat for birds and marine life, and which favorably affect the scenery and climate of the area; and WHEREAS, the City believes that effective management and conduct of a public harbor obligates us to charge appropriate and non - discriminatory rates for the use of tidelands, without conferring a benefit to private individuals for the use of public property in violation of the California Constitution's prohibition on gifts of public funds; and WHEREAS, there are at least two types of fees or charges in the Harbor — fees based on the cost of providing a service (such as processing a regional general permit) and charges based on the Fair Market Value use of a public asset (such as some commercial pier charges, marine charter activities, and mooring charges); and WHEREAS, the City Council believes that any increase or adjustment in Harbor Charges should result in a greater contribution to a protected fund where dollars within it are expensed on Harbor projects, such as dredging, eelgrass, amenities, and more; and WHEREAS, the City Council desires that future updates in harbor - related charges and fees be done on a routine and analytical basis, instead of being done infrequently or not at all; and WHEREAS, the City Council desires to have an open, public, and participatory process relating to any increase or other adjustment in harbor charges; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby establishes the City Council ad hoc Committee on Updating Harbor Charges per the attached Membership, Term, Purposes and Responsibilities. ADOPTED this 27th day of July, 2010. Mayor ATTEST: Ad Hoc Committee on Updating Harbor Charges AUTHORIZATION: Established by Resolution No. 2010 -95, adopted on July 27, 2010. Three (3) members of the City Council, appointed by the Mayor. City staff support shall come from the City Manager's Office. TERM: Through March 31, 2011. PURPOSE & RESPONSIBILITIES: The duties of the Committee shall include the following: A. To provide guidance to staff regarding the adjustment (up or down) of Harbor related fees and charges based upon cost of service and based upon the fair market value for use of tidelands property (the latter including the Balboa Yacht Basin, commercial piers over City tidelands, commercial piers not over City tidelands, onshore moorings and offshore moorings, including setting in place a system or methodology to regularly update these fees and charges. B. To convene and guide public meetings with stakeholders and other interested parties in this matter. C. To develop a recommendation to the full City Council as to adjustments (up or down) in Harbor - related fees and charges and as to any new restricted fund relating to any incremental increase in revenue resulting from fee or charge increases. Section III - Page 40 8 -10 -10 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. 2010 -95 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 27th day of July, 2010, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Rosansky, Henn, Webb, Gardner, Daigle, Mayor Curry Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of July, 2010. & '0 �- Leilani I. Brow City Clerk Newport Beach, California (Seal)