Loading...
HomeMy WebLinkAbout2015-90 - Setting Fair Market Value Rent for Transient Boat Slips at Marina Park RESOLUTION NO. 2015-90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING FAIR MARKET VALUE RENT FOR TRANSIENT BOAT SLIPS AT MARINA PARK WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the trustee of tidelands located within the City's limits, including Newport Harbor; WHEREAS, the City is the owner of that certain land located at 1600 West Balboa Boulevard, Newport Beach, California 92663 and commonly known as Marina Park ("Marina"); WHEREAS, the Marina adjoins Newport Harbor and includes twenty three (23) transient boat slips for the berthing of vessels ("Marina Slips"); WHEREAS, Section 1(b) of the Beacon Bay Bill and Section 17.60.060 of the Newport Beach Municipal Code ("NBMC") allow the City to authorize third parties to use tidelands located within the City's limits, including the Marina Slips; WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, and City Council Policy F-7(D) require the City to receive fair market value rent from third parties using the tidelands; WHEREAS, the City Council has the exclusive discretion to determine fair market value rent based in part upon the findings of a City-selected appraiser; WHEREAS, an appraisal report by George Hamilton Jones, Inc. was prepared and delivered to the City and has been reviewed and considered by the City Council, that report is part of the record for this matter; and WHEREAS, the City Council has considered all documents and comments in the record in connection with this resolution and the setting of fair market value rent for the Marina Slips. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The Recitals provided above are true and correct and are incorporated into the substantive portion of this resolution. Section 2: The City Council finds that the fair market value rent provisions contained in the attached Transient Slip Rent Calculations, which is incorporated by reference, provide for the charging of fair market value rent and that the rental rate in the attachment constitute fair market value rent for the Marina Slips located at the Marina, which findings are made by the City Council in its exclusive discretion but are based in part upon the information in the appraisal report prepared by George Hamilton Jones, Inc. and, in addition, on other testimony and documents in the record for this matter. The City Council Resolution No. 2015-90 Page 2 of 3 further finds and determines the rent for Marina Slips, operating under a rental agreement, shall be set in accordance with the attached Transient Slip Rent Calculations. Section 3: The City Council finds the setting of fair market value rent for the Marina Slips 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. Alternatively, the City Council finds the setting of fair market value rent for the Marina Slips is entitled to a Class 1 Categorical Exemption pursuant to CEQA Regulation Section 15301 because the fair market value rent contemplates the continued use of existing facilities, with no expansion of the proposed use. Further, the City Council finds the setting of fair market value rent for the Marina Slips is entitled to a Statutory Exemption pursuant to CEQA Regulation Section 15273(a)(1) because the fair market value rent established by the City Council will be used to meet operating expenses within the tidelands. Lastly, the City Council finds the setting of fair market value rent for the Marina Slips is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 4: 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 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 271h day of October, 2015. Edward D. elich Mayor ATTEST: �tiW PnRT��nn hL Leilani I Brown City Clerk Attachment A — Transient Slip Rent Calculations Resolution No. 2015-90 Page 3 of 3 Transient Slip Rent Calculations Marina Park Slip Rental Beginning on October 28, 2015, Marina Park transient boaters shall pay as fair market value rent Sixty Dollars ($60) per night at forty foot (40') slips and Eighty-Two Dollar and Fifty Cents ($82.50) per night at fifty-five foot (55') slips. Electricity and other utilities shall be metered and renters shall pay for the amount of utilities used based upon the then cost of the utilities used. 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 resolution, being Resolution No. 2015-90 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 October, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Petros, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Curry IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of October, 2015. City Clerk Newport Beach, California (Seal) �Ca�WP0 O U 1 C9<I FO RNP