Section 72.2 Of Article 3. Small Craft Harbors And Connecting Waterways From California Harbors And Navigation Code >> Division 1. >> Chapter 2. >> Article 3.
72.2
. (a) Notwithstanding other provisions of this chapter, if the
legislative body of a city, county, or district has acquired,
constructed or improved small craft harbor facilities pursuant to an
agreement or contract for a transfer pursuant to Section 70 or a loan
pursuant to Section 71.4 under circumstances in which the proposed
lease area is land or water area and the terms of the proposed lease
call for the lessee to install or construct all improvements, the
land or water area may be leased by the legislative body without
public bidding, but only after a public hearing, public notice of
which shall be given by publication for not less than once a week for
two weeks in a newspaper of general circulation published in the
county in which the land lies.
(b) Prior to publication of the public notice the legislative body
shall obtain the written approval of the department to the proposed
leasing of the harbor facility and the provisions of the proposed
public notice. The public notice shall describe the land or water
area that is to be leased, describe in general terms the nature of
the development desired by the legislative body, and set forth the
period of time for which the land or water area is to be leased, and
the minimum rental to be paid under the lease. The public notice
shall recite that the lease will reserve to the legislative body the
power to fix and determine the rates to be charged by the lessee for
the use by the public of facilities developed by the lessee. The
public notice also shall contain a prominent statement that award of
the lease by the legislative body is subject to final approval by the
department, and fix a time and place for the public hearing by the
legislative body. The public notice shall invite proposals for
leasing from any and all interested parties.
(c) At the time and place fixed in the public notice of hearing,
the legislative body shall meet and consider the lease proposal
submitted. The award of the lease shall become final only after the
award by the legislative body has been approved by the department.