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ORDINANCE NO. 2007 -11 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF <br />NEWPORT BEACH GRANTING A FRANCHISE TO THE <br />BALBOA ISLAND FERRY, INC. <br />NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY <br />ORDAINS as follows: <br />SECTION 1: The City Council finds: <br />A. The Balboa Island Ferry, Inc., a California corporation, ( "Grantee ") has requested an <br />extension of its current franchise agreement to continue operating a toll ferry across <br />Lower Newport Bay between Palm Street on the Balboa Peninsula and Agate Avenue <br />on Balboa Island; <br />B. The Balboa Island Ferry has operated continuously at this location for over seventy (70) <br />years, and operated under the last eighteen (18) years or so under a franchise last <br />granted by the City Council in September, 1988 (1988 Franchise "); <br />C. The City Council has authority, pursuant to the provisions of Article XIII of the City <br />Charter of the City of Newport Beach and Section 30900 of the Streets & Highway <br />Code, to grant a franchise to any person authorizing operation of a toll ferry; <br />D. The ferry would operate wholly within the boundaries of the City of Newport Beach <br />( "City"). The route of the ferry does not constitute a part of an extension of a state <br />highway, and no part of the ferry route is within ten (10) miles of a toll bridge in <br />operation, or under construction, over any body of water across which the ferry is to <br />operate. It is not feasible to build a bridge, tunnel, combination thereof, or other normal <br />highway structure in lieu of the use of the ferry; <br />E. The operation of the ferry is on a route classified as a public road within the State and <br />has not been designated as a route on the Interstate System; <br />F. The proposed franchise is consistent with the various elements of the General Plan of <br />the City, the Land Use Plan of the Local Coastal Program, and other ordinances, <br />policies, and regulations adopted by the City; <br />G. The franchise authorizes a level of public service essentially identical to that offered by <br />Grantee during the preceding franchise term and, as such, does not constitute <br />"development" as that term is defined in the Coastal Act; <br />H. The City now intends to terminate the 1988 Franchise and grant this franchise, which <br />shall extend the term of the franchise; and <br />The City Council has fully complied with the provisions of the Charter of the City of <br />Newport Beach regarding the grant of franchises. <br />