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)