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RESOLUTION NO. 2013 -88 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, ADJUSTING THE <br />RENTAL CALCULATION AND APPROVING A REVISED <br />MODEL PERMIT TEMPLATE FOR RESIDENTIAL PIERS <br />LOCATED UPON TIDELANDS AND AMENDING <br />RESOLUTION NO. 2012 -98 TO RECLASSIFY CERTAIN <br />HOMEOWNER'S ASSOCIATIONS SLIPS FROM <br />COMMERCIAL TO RESIDENTIAL <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 authorize third parties to construct/maintain <br />residential piers upon tidelands; <br />WHEREAS, the Beacon Bay Bill, California Constitution Article 16, Section 6, <br />NBMC Section 17.60.060(D) and City Council Policy F -7(D) require the City to receive <br />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 by Rasmuson Appraisal Services, and an <br />appraisal report by Netzer & Associates, were prepared and delivered to the City and <br />have been reviewed and considered by the City Council, which reports are part of the <br />record for this matter; <br />WHEREAS, on November 13, 2012, the City Council adopted Resolution No. <br />2012 -98, which established fair market value rental rates for various commercial <br />tidelands uses, including, but not limited to, slips owned by Homeowners' Associations <br />("l-10A "); <br />WHEREAS, on December 11, 2012, the City Council adopted Resolution Nos. <br />2012 -119 and 2012 -120, approving a model residential pier permit for residential piers <br />located upon tidelands and establishing fair market value rent; <br />WHEREAS, the City Council made a commitment to review the tidelands rent <br />implementation process in its entirety to ensure consistency, gather feedback and to <br />allow for improvement in the process; <br />