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RESOLUTION NO. 2017-49 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, ADJUSTING THE RENT <br />CHARGED FOR COMMERCIAL USES LOCATED UPON <br />TIDELANDS <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 />("Tidelands"); <br />WHEREAS, Section 1(b) of the Beacon Bay Bill authorizes the City to allow <br />third -parties to use the Tidelands for commercial purposes for a term not to exceed fifty <br />(50) years; <br />WHEREAS, the City allows commercial Tidelands uses to operate upon the <br />Tidelands under either a permit or a lease; <br />WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, <br />Newport Beach Municipal Code ("NBMC") Section 17.60.060(D), NBMC Section <br />17.60.020(E), and City Council Policy F -7(D) require that the rent received by the City <br />from third parties using the Tidelands be based in part upon an appraisal, and reflective <br />of the fair market value related to such uses; <br />WHEREAS, NBMC Section 17.060.060(D) vests the City Council with the <br />exclusive discretion to determine fair market value rent based in part upon the findings of <br />a City -selected appraiser; <br />WHEREAS, City Council Policy F -7(E) requires that, whenever less than the fair <br />market value is received, the City make specific findings setting forth the reasons thereof <br />including, but not limited to, findings that the uses serve to promote the goals of the City <br />or that the uses provide an essential or unique service to the community that might not <br />otherwise be provided were full market value required; <br />WHEREAS, on October 23, 2012, the City Council adopted Resolution No. 2012- <br />91 and Resolution No. 2012-92 approving a model lease template, model permit, and rent <br />schedule for large commercial marinas located upon Tidelands; <br />WHEREAS, on November 13, 2012, the City Council adopted Resolution <br />No. 2012-96, which amended Resolution Nos. 2012-91 and 2012-92 to re -define large <br />commercial marinas, adjust the rent phase-in schedule, correct scrivener's errors and <br />revise the market adjustment date; <br />WHEREAS, on November 13, 2012, the City Council adopted Resolution <br />No. 2012-97 approving a model lease template and model permit template for commercial <br />uses located upon Tidelands; <br />WHEREAS, on November 13, 2012, the City Council adopted Resolution <br />No. 2012-98 setting fair market value rent for commercial uses located upon Tidelands; <br />WHEREAS, on November 26, 2013, the City Council adopted Resolution <br />No. 2013-88, which, among other things, amended Resolution No. 2012-98 to reclassify <br />certain homeowners' associations slips from commercial to residential; <br />