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HomeMy WebLinkAbout89-110 - Rental Rates for Commercial TidelandsRESOLUTION NO. 89 -110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INCREASING THE RENTAL RATE FOR TIDELANDS USED FOR COMMERCIAL PURPOSES. WHEREAS, the State of California has granted the City of Newport Beach certain tidelands located in the Lower Bay; and WHEREAS, the City is empowered to lease, and authorize the construction of improvements over, tidelands so long as the property is used in a manner consistent with the public trust imposed on those lands; and WHEREAS, the City incurs costs and expenses in maintaining records relative to piers and structures on the harbor, conducting periodic inspections and enforcing relevant laws and regulations, as well as accounting to the State for all such revenues; and WHEREAS, the City is required, pursuant to provisions of the Constitution and State law, to appraise the value of tidelands used for commercial purposes and charge an annual rent equal to the fair market rental value of the property; and WHEREAS, the City has commissioned an appraisal of commercial tidelands in Lower Newport: Bay, and the appraiser has concluded that the range of annual fair rental value is between 19 cents and 22 cents per square foot of tidelands within a permit zone; and WHEREAS, the City Council has determined that 22 cents per square foot is an appropriate annual rental for tidelands, that • the proposed rental rate is consistent with constitutional and statutory requirements, and the rental rate should be increased or decreased each year to reflect changes in the CPI. 01 NOW THEREFORE, BE IT RESOLVEI) THAT Sub - Section 12B of the Harbor Permit Policies (Council Policy H -1) is hereby amended, and Sub - Section C is added, to read as follows: B. PIER FEES. Annual pier fees are due and payable on 1 March in accordance with the following schedule: • 1. Non - Commercial piers - $50. 2. Commercial piers - Not over City Tide and Submerged Lands - $20 base fee plus the following sums for additional slips and /or floats: a. Not more than 10 slips or floats - $2 each. b. Not more than 20 slips or floats - $20 plus $1.00 for each slip or float in excess of 10. C. More than 20 slips or floats - $30 plus 50 cents for each slip or float in excess of 20. 3. Commercial piers over City Tide and Submerged Lands - Fee is included in rental rate imposed pursuant to Sub - Section C. C. ANNUAL RENTAL. 1. Permittees having commercial piers over City Tide and Submerged I:,ands shall, for 1990, pay an annual rent of $.22 per square foot of permit area (base rental). 2. Annual rent shall be paid on or before March 1. 3. The Base Rental shall be adjusted annually to reflect the increase or decrease in Consumer Price Index (CPI) for the twelve month period commencing December 1, 1989 and ending November • 30, 1990, and each twelve month period thereafter. The CFII (all urban consumers, all items) for the Los Angeles -Long Beach- Anaheim California area as published and released by the Bureau of Statistics for the U.S. Department of 2 Ll Labor shall be the index utilized for calculating the rental adjustment. 4. The base rental shall be recalculated every ten years pursuant to an appraisal commissioned by the City of Newport Beach. In determining the value of tide and submereged lands, the appraiser shall consider the fact that commercial use of publicly owned tidelands is economically feasible only in conjunction with privately owned uplands. 5. All appraisals shall be conducted by an MAI appraiser(s) with membership in the American Institute of Real Estate Appraisers and experience in assessing the value of tidelands. 6. The provision of this Sub - Section shall not apply to tidelands subject to a written lease requiring the payment of rent based on gross receipts. ADOPTED this 25th day of September , 1989. ATTEST: City Clerk 9/18/89 3