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RESOLUTION NO. 2010 -134 <br />A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF NEWPORT BEACH <br />RELATING TO HARBOR CHARGES, SPECIFICALLY <br />RATES AT THE BALBOA YACHT BASIN <br />WHEREAS, the City's tidelands trust, also known as the Beacon Bay Bill (Chapter 74 of <br />the Statutes of 1978), dedicates certain tide and submerged lands ( "Tidelands ") to be held in <br />trust by the City on behalf of the people of California; and <br />WHEREAS, the Beacon Bay Bill directs that the City manage these lands as follows: <br />(1) For the establishment, improvement, and conduct of a public harbor; and for the <br />construction, maintenance, and operation thereon of wharves, docks, piers, slips, quays, <br />ways, and streets, and other utilities, structures, and appliances necessary or convenient <br />for the promotion or accommodation of commerce and navigation. <br />(2) For the establishment, improvement, and conduct of public bathing beaches, public <br />marinas, public aquatic playgrounds, and similar recreational facilities open to the <br />general public; and for the construction, reconstruction, repair, maintenance, and <br />operation of all works, buildings, facilities, utilities, structures, and appliances incidental, <br />necessary, or convenient for the promotion and accommodation of any such uses. <br />(3) For the preservation, maintenance, and enhancement of the lands in their natural state <br />and the reestablishment of the natural state of the lands so that they may serve as <br />ecological units for scientific study, as open space, and as environments which provide <br />food and habitat for birds and marine life, and which favorably affect the scenery and <br />climate of the area; and <br />WHEREAS, the City believes that effective management and conduct of a public harbor <br />obligates it to charge appropriate and non - discriminatory rates for the use of tidelands, without <br />conferring a benefit to private individuals for the use of public property in violation of the <br />California Constitution's prohibition on gifts of public funds; and <br />WHEREAS, the City believes that there are at least two types of fees or charges in the <br />Harbor — fees based on the cost of providing a service (such as processing a regional general <br />permit) and charges based on the fair market value use of a public asset (such as some <br />commercial pier charges, mooring charges, charges at the City -owned Balboa Yacht Basin <br />( "BYB "), and more); and <br />WHEREAS, the City believes that various harbor activities should be set at or near fair <br />market value to avoid granting or conveying Tidelands to any private party, and <br />WHEREAS, the City Council formed the Ad Hoc Committee on Harbor Charges <br />( "Committee ") on July 27, 2010 with the intent to have the Committee review harbor charges, <br />including, but not limited to: <br />Fees based on the cost of providing a service; <br />Mooring rates — for shore moorings and offshore moorings; <br />Balboa Yacht Basin charges — slips, garages, and apartments; and <br />