Laserfiche WebLink
RESOLUTION NO. 2012 -98 <br />A RESOLUTION OF THE CITY COUNCIL <br />OF THE CITY OF NEWPORT BEACH <br />SETTING RENT 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 authorizes the City to allow third - <br />parties to use the Tidelands for commercial purposes for a term not to exceed fifty (50) <br />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 the City to receive fair market <br />value Rent from third parties using the Tidelands; <br />WHEREAS, NBMC Section 17.060.060(D) vests the City Council with the <br />exclusive discretion to determine fair market value Rent based upon the findings of a <br />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, the Council Ad Hoc Committee on Harbor Charges ( "Committee ") <br />and members of the Committee held public outreach meetings with commercial <br />Tidelands users to solicit their input and participation in the Tidelands review process <br />and these meetings afforded the public the opportunity to comment on this matter as <br />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; <br />-1- <br />