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HomeMy WebLinkAbout2024-44 - Correcting the Rental Rate for Balboa Yacht Basin Apartments, Garage Rentals, and Slip Rentals and Residential Piers within the Schedule of Rents, Fines and FeesRESOLUTION NO. 2024-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CORRECTING THE RENTAL RATE FOR BALBOA YACHT BASIN APARTMENTS, GARAGE RENTALS, AND SLIP RENTALS AND RESIDENTIAL PIERS WITHIN THE SCHEDULE OF RENTS, FINES AND FEES 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 Beacon Bay Bill and Chapter 17.60 (Harbor Permits and Leases) of the Newport Beach Municipal Code ("NBMC") allow the City to issue permits and charge rent for property upon tidelands; WHEREAS, the City Council adjusted certain rents for Balboa Yacht Basin apartments, garages and slip rentals pursuant to Resolution Nos. 2010-134 and residential piers pursuant to 2015-10, which has been adjusted for inflation since then, and WHEREAS, the City Council adopted Resolution No. 2024-29 on April 23, 2024, which amended the FY 2024-25 Schedule of Rents, Fines and Fees ("SRFF") including certain rents without adjusting for inflation and the City Council desires to correct the SRFF. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council does hereby amend the SRFF, as set forth in Exhibit 1, which is attached hereto and incorporated herein by reference for Balboa Yacht Basin apartments, garage rentals, and slip rentals and residential piers. Section 2: The portion of the SRFF adopted pursuant to Resolution No. 2024- 29 related to rent for Balboa Yacht Basin apartments, garage rentals, slip rentals as well as residential piers is hereby repealed and of no further force or effect. Any portion of any prior resolution or SRFF that conflicts with this resolution is hereby repealed and of no further force or effect. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Resolution No. 2024-44 Page 2 of 2 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: 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. Section 6: 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 9th day of July, 2024. ATTEST: < 4 0 a Leilani I. Brown City Clerk c"\Q �IFoa% APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aro C. Harp C ty ttorney Wil O'Neill Mayor Attachment: Exhibit 1 — Amendment to FY 2024-25 SRFF Exhibit 1 City of Newport Beach - Schedule of Rents, Fines and Fees COMMUNITY DEVELOPMENT - REAL PROPERTY Balboa Yacht Basin Slip/Garage/Apartment Rentals 1 Apartments (Nos. 5 & 7) 2 Garage Rentals 3 Slip Rentals a) 20' Slip b) 25' Slip c) 31' Slip d) 32' Slip e) 34' Slip f) 35' Slip g) 37' Slip h) 40' Slip i) 45' Slip j) 50' Slip k) 60' Slip 1) 75' Slip $3,353.81 $3,488.97 $444.81 $462.74 per month $32.23 $34.75 per foot [b] [c] No per month $32.38 $37.04 per foot [b] [c] No per month $37.29 $40.95 per foot [b] [c] No per month $40.49 $44.05 per foot [b] [c] No per month $41.02 $45.46 per foot [b] [c] No per month $42.59 $47.54 per foot [b] [c] No per month $44.34 $49.63 per foot [b] [c] No per month $50.09 $52.32 per foot [b] [c] No per month $51.27 $54.24 per foot [b] [c] No per month $60.59 $59.17 per foot [b] [c] No per month $70.65 $72.07 perfoot [b] [c] No per month $80.95 $83.05 per foot [b] [c] No per month [a] CPI adjustments occur separately. [b] Rate charged shall be the greater ofthe slip or the boat. Ifthe boat is longer than the slip it is in, the charge shall be based on the slip price plus the extra lineal feet of the boat, at that same slip rate. [c] Based on Resolution 2010-134. City of Newport Beach - Schedule of Rents, Fines and Fees COMMUNITY DEVELOPMENT - REAL PROPERTY 1 Piers a) Residential [a] Based on Resolution 2015-10. Subject Note to CPI $0.56 $0.57 per sq ft [a] No 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; the foregoing resolution, being Resolution No. 2024-44 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 91h day of July, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of July, 2024. Leilani I. Brown City Clerk Newport Beach, California *,u Faa%