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RESOLUTION NO. 2012 -97 <br />A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF NEWPORT BEACH <br />APPROVING A MODEL LEASE TEMPLATE AND <br />MODEL PERMIT TEMPLATE FOR COMMERCIAL USES <br />LOCATED UPON 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 />WHEREAS, Section 1(b) of the Beacon Bay Bill and Section 17.60.060 of the <br />Newport Beach Municipal Code ( "NBMC ") allow the City to authorize third parties to use <br />tidelands for commercial purposes for a term not to exceed fifty (50) years; <br />WHEREAS, on July 27, 2010 the City Council formed the Council Ad Hoc <br />Committee on Harbor Charges ( "Committee ") and tasked the Committee with <br />performing a comprehensive review of tidelands uses to consider the conversion of <br />existing permits to leases and to assist the City Council in developing a template <br />tideland lease /permit form; <br />WHEREAS, the Committee and members of the Committee held public outreach <br />meetings with commercial tidelands users to solicit their input and participation in the <br />tidelands review process and these meetings afforded the public the opportunity to <br />comment on this matter as well as provided the public information relating to this matter; <br />WHEREAS, the City Council has considered all documents and comments in the <br />record in connection with this resolution; and <br />WHEREAS, after considering all public input, the Committee recommends <br />adoption of a model lease and model permit to allow commercial tidelands users <br />flexibility to determine the option that best suits their needs. <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 />-1- <br />