Laserfiche WebLink
RESOLUTION NO. 2016-17 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT <br />BEACH, CALIFORNIA, SETTING THE FAIR MARKET VALUE RENT <br />FOR MOORINGS LOCATED UPON TIDELANDS IN NEWPORT <br />HARBOR <br />WHEREAS, pursuant to the 1978 Beacon Bay Bill, as amended, ("Beacon Bay <br />Bill") the City of Newport Beach ("City") acts on behalf of the State of California as the <br />trustee of tidelands located within the City's limits, including Newport Harbor; <br />WHEREAS, the Beacon Bay Bill and Chapter 17.60 of the Newport Beach <br />Municipal Code ("NBMC") allow the City to issue permits to third parties to <br />construct/maintain moorings upon tidelands; <br />WHEREAS, the City offers two types of moorings, onshore and offshore, that <br />provide an affordable option allowing residents of California to use and enjoy the <br />tidelands in Newport Harbor; <br />WHEREAS, onshore moorings are located on the perimeter of the shore within <br />Newport Harbor, and offshore moorings are located offshore within the waters of <br />Newport Harbor; <br />WHEREAS, the mooring permits issued by the City do not convey any underlying <br />property interest, and instead only allow for the temporary mooring of a vessel upon the <br />waters of Newport Harbor; <br />WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, <br />NBMC Subsection 17.60.060(D) and City Council Policy F -7(D) require the City to <br />receive fair market value rent from third parties using the tidelands; <br />WHEREAS, the City Council has the exclusive discretion to determine fair <br />market value rent based, in part, upon the findings of a City -selected appraiser; <br />WHEREAS, an appraisal report was prepared by Netzer & Associates and <br />delivered to the City and has been reviewed and considered by the City Council, which <br />report is made a part of the record for this matter; <br />WHEREAS, on November 23, 2010, the City Council adopted Resolution No. <br />2010-132, which established fair market value rental rates for onshore and offshore <br />moorings in Newport Harbor; <br />WHEREAS, the City Council is committed to periodically reviewing tidelands rent <br />to ensure the rent is reflective of fair market value; <br />