HomeMy WebLinkAbout2007-11 - Granting a Franchise to the Balboa Island Ferry, Inc.ORDINANCE NO. 2007 -11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH GRANTING A FRANCHISE TO THE
BALBOA ISLAND FERRY, INC.
NOW THEREFORE, the City Council of the City of Newport Beach, California, HEREBY
ORDAINS as follows:
SECTION 1: The City Council finds:
A. The Balboa Island Ferry, Inc., a California corporation, ( "Grantee ") has requested an
extension of its current franchise agreement to continue operating a toll ferry across
Lower Newport Bay between Palm Street on the Balboa Peninsula and Agate Avenue
on Balboa Island;
B. The Balboa Island Ferry has operated continuously at this location for over seventy (70)
years, and operated under the last eighteen (18) years or so under a franchise last
granted by the City Council in September, 1988 (1988 Franchise ");
C. The City Council has authority, pursuant to the provisions of Article XIII of the City
Charter of the City of Newport Beach and Section 30900 of the Streets & Highway
Code, to grant a franchise to any person authorizing operation of a toll ferry;
D. The ferry would operate wholly within the boundaries of the City of Newport Beach
( "City"). The route of the ferry does not constitute a part of an extension of a state
highway, and no part of the ferry route is within ten (10) miles of a toll bridge in
operation, or under construction, over any body of water across which the ferry is to
operate. It is not feasible to build a bridge, tunnel, combination thereof, or other normal
highway structure in lieu of the use of the ferry;
E. The operation of the ferry is on a route classified as a public road within the State and
has not been designated as a route on the Interstate System;
F. The proposed franchise is consistent with the various elements of the General Plan of
the City, the Land Use Plan of the Local Coastal Program, and other ordinances,
policies, and regulations adopted by the City;
G. The franchise authorizes a level of public service essentially identical to that offered by
Grantee during the preceding franchise term and, as such, does not constitute
"development" as that term is defined in the Coastal Act;
H. The City now intends to terminate the 1988 Franchise and grant this franchise, which
shall extend the term of the franchise; and
The City Council has fully complied with the provisions of the Charter of the City of
Newport Beach regarding the grant of franchises.
IT IS HEREBY ORDAINED that pursuant to the provisions of Article XIII of the Charter of the
City of Newport Beach and Section 30900 of the Streets & Highways Code of the State of
California, the City Council hereby terminates the 1988 Franchise and declares its intention to
grant another franchise for the operation of a toll ferry to the Grantee under the following terms
and conditions:
SECTION 2: Grant of Franchise.
The City Council grants a franchise to the Grantee to operate a toll ferry for the transportation
of passengers, vehicles and freight across Lower Newport Bay between the northerly end of
Palm Street on the Balboa Peninsula and the southerly end of Agate Avenue on Balboa Island.
The term of this franchise shall run concurrent with, and the operation of the ferry shall comply
with all the terms of the attached Lease Agreement, which shall be dated as of the effective
date of this Ordinance granting the franchise, and the rights under this franchise shall
terminate when that Lease Agreement terminates. The rights granted by this franchise to
operate upon City property shall be contingent upon Grantee's compliance with the Lease
Agreement provisions.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official newspaper of
the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach, held on the 12"' day of June, 2007, and adopted on the 2e day of June,
2007, by the following vote, to wit:
AYES, COUNCILMEMBERS Henn, Curry, Selich,
Webb, Daigle, Gardner, Mayor Rosanskv
NAYS, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
MAYOR Qll� Z)
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2007 -11 as duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 26th
day of June 2007, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Curry, Selich, Webb, Daigle, Gardner, Mayor Rosansky
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 27th day of June 2007.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2007 -11 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: June 30, 2007.
In witness whereof, I have hereunto subscribed my name this /A day of � I
2007. ru
City Clerk
City of Newport Beach, California