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WHEREAS, City staff hosted two look back meetings with tidelands users on <br />August 15, 2013 and August 21, 2013, to review consistency, gather feedback on the <br />recent tidelands rent implementation process and to listen to ideas for improvements <br />going forward; <br />WHEREAS, on November 12, 2013, the City Council considered, at its regularly <br />scheduled study session, the feedback and ideas gathered during the look back <br />meetings and directed staff to bring back certain amendments contained in this <br />resolution to improve the tidelands rent process; <br />WHEREAS, the City Council has considered all documents and comments in the <br />record in connection with this resolution; and <br />WHEREAS, all previous resolutions, or portions thereof, and actions regarding <br />the fair market value rent for residential piers and HOA's and the model pier permit <br />template for residential piers that are in conflict with the provisions in this resolution are <br />hereby repealed. <br />NOW, THEREFORE, the City Council of the City of Newport Beach resolves as <br />follows: <br />Section 1: The Recitals provided above are true and correct and are <br />incorporated into the substantive portion of this resolution. <br />Section 2: The City Council finds that the rent provisions contained in the <br />attached Adjusted Residential Pier Tidelands Rent Calculations, which is incorporated <br />by reference, provide for the charging of fair market value rent and that the rental rate <br />(and adjustments) in the attachment constitute fair market value rent for residential piers <br />located upon tidelands, which findings are made by the City Council in its exclusive <br />discretion but are based, in part, on the information in the appraisals of its City - selected <br />appraisers and, in addition, on other testimony and documents in the record for this <br />matter. The City Council further finds and determines the rent for residential piers <br />located upon tidelands, operating under a permit, shall be set in accordance with the <br />attached Adjusted Residential Pier Tidelands Rent Calculations. The rent established in <br />this resolution shall only be applicable to permittees with a residential pier located over <br />tidelands. <br />Section 3: The City Council adopts the revised model residential pier tidelands <br />permit attached to this resolution, and incorporated by this reference, for use by <br />residential pier tidelands users. The City Council finds that the residential tidelands <br />users subject to the attached model permit are not subject to the open bid process <br />found in City Council Policy F -7 because redevelopment/reuse of the tidelands by a <br />third party would require excessive time, resources and costs which would outweigh <br />other financial benefits. <br />