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HomeMy WebLinkAboutM2014-0051 (2)P e NAME } �r//� � �'�S. ADDRESS OF PROPOSEDFACILITY - �,` � dam" PERMIT # �,� '� � °� "�' '�' . � 6,-,.fi. t� , t�'r'r /�'JFs ,d��i✓1 MAILING ADDRESS\ - •' TELEPHONE NO. ` •-.'&'' `�"."�,% FEE r.»CHECK NO. ! 4/r'+ DATE v..-"' APPROVED BY: 6A APPLICATION IS HEREBY MADE FOR A HARBOR PERMIT TO t,;,.,,.. -h `'J -x ..._+` _ OCH,. CONSTRUCT/REVISE A - - ' Ppy' AT THE ABOVE LOCATION IN ACCORDANCE WITHTHECITY OF _ ENGR t NEWPORT BEACH PERMIT POLICIES AND THE ATTACHED DRAWING BY - COMPANY _ COUNCIL fir= DATED . DATE PUBLIC OO L=J DEPT SIGNATURE ' INSPECTION S CD ' F2 -_- - SPECIAL CONDITIONS: ' I I; CITY OF NEWPORT BEACH, CALIF. WX FORM 681010 P e FUN ZONE BOAT CO. INC. #95-2004549 700 EDGEWATER BALBOA, CA. 92661 October 26, 1994 Tony Melum Council Member City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Dear Tony: f PHONE (714) 673-0240 DAL GRETTENBERG NEWPORT HARBOR CRUISES "BELLE" "QUEEN" "SHOWBOAT" "TIKI" Thank you so very much for your assistance in the meeting with the Representative from the Coastal Commission. Your assistance is greatly appreciated, especially your active participation. I hope we will be able to have a more favorable outcome at the full commission hearing. Very truly yours, i Ray Handy J6601201011fid01!.wpd Additional Offices 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017-2566 Telephone (213) 614-1000 Fax (213) 614-0500 Voice Mail (213) 614-1442 No. 6 Jen -Ai Rd. Section 1 Suite 900 Taipei, Taiwan, Republic of China Telephone (02) 341-4602 Fax (02) 321-6388 CUMMINS &WHITE L A W Y E R S 2424 S. E. Bristol Street, Suite 300, Newport Beach, CA 92660-0757 Telephone (714) 852-1800 Fax (714) 852-8510 Voice Mail (714) 756-9800 Tony Melum Council Member City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 Dear Tony: October 26, 1994 It is a pleasure to be working on the same side. I really appreciate your involvement with the meeting. Thank you very much on behalf of my client Fun Zone Boat Company for your participation in the meeting with the representative from the Coastal Commission. Your help was invaluable and we appreciate you being there and taking such an active roll. It was disappointing when it appeared that no matter what we were going to say, that facts and evidence were irrelevant. However, on behalf of my client and myself, thank you for your participation. Very truly yours, William Bruce Voss for the firm of CUMMINS & WHITE WBV:lm 1J660120088ifi001!.wpd Pp�T CITY OF NEWPORT BEACH U z P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P FO9- October 20, 1994 Fun Zone Boat Company J.R. Handy 700 Edgewater Balboa, CA. 92661 Re: Bused in Passengers/Grandfather Parking Dear Mr. Handy, As I am sure you're aware currently you have passenger capacity on site of 331 passengers and based on your current Commercial Harbor Activities Permit you can book this many passengers through your operation without having to provide additional parking. If you exceed 331 passengers it will be necessary for you to either find additional parking or to bus or van your passengers to the site. If you take the option of finding addition parking it would necessary that you provide one parking space for every three passengers approved in advance by the Marine Department, or again if you van or bus the passengers to the. site there is no additional parking requirement. I hope this answers your question, if I can be of further assistance please contact me at 644-3044. Sincerely, Tony Melum Acting Marine Director 3300 Newport Boulevard, Newport Beach OCITY OF NEWPORT BEACHP.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cy October 20, 1994 Fun Zone Boat Company c/o Ray Handy 700 Edgewater Balboa, CA 92661 Re: Commercial Harbor Activities Permit Dear Mr. Handy: Attached for your information is a copy of the Commercial Harbor Activities Permit issued to the Fun Zone Boat Company in September of 1992. I would direct your attention to the following three sections of the permit: Section C-1, which states: "that all vessels operated by the Fun Zone Boat Company should be berthed at 600 Edgewater or 700 Edgewater Newport Beach." Section C-2, which states: "that loading and unloading of all passengers shall occur at 600 Edgewater or 700 Edgewater. Section C-7, which states: "food and liquor may be served on board vessels provided service is.in full compliance with all applicable laws, statutes, and ordinances. No merchandise, including, without limitation, t -shirts, caps or souvenirs, shall be sold on board the vessels at any time. I bring this to your attention, because, as I read your most recently submitted application, it appeared that you were concerned about whether both addresses would be on the permit, and as I've indicated above, they are. Also, on number nine of the application you requested the ability to sell liquor, soft drinks, t -shirts, and catered food. As quoted above, I believe section C-7 would deny you the ability to sell t -shirts, and since this permit was issued by the City Council, to change that condition it would be necessary to take it back to the City Council. If you have any questions regarding the above, please contact me at 644-3044. Very truly yours, Tony Melum Acting Marine Director 3300 Newport Boulevard, Newport Beach PO ° CITY OF NEWPORT BEACH } U ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 FO RN Sep ember 21, 1994 Ray Handy Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Ray: A recent marine charter permit, issued to the Fun Zone Boat Company, allowed boarding passengers at a location that is not listed as an approved passenger boarding terminal. Specially, the location didn't have the necessary vessel pump -out station required at commercial passenger boarding sites. In reviewing the records, it was noted that the Fun Zone Boat Company historically averages about four passenger boardings yearly from residential docks or commercial locations without a pump -out station. To date you have had nine (9) permits in 1994. Requests of this type have been approved on a case-by-case situation. The Revenue Manager or the Harbor Inspector decided whether any concerns addressed in the Municipal Code (sewage, trash, etc.) would be negatively impacted. The City cannot continue to approve these permits since it runs contrary to the Municipal Code. The Marine Department is cognizant of the fact that the Fun Zone Boat Company has its' own pump -out station and is not dependent on the boarding location to provide one. To bring the code closer in line with a practical set of rules, it appears that a proposed revision of the appropriate section in the code should be considered, authorizing the Revenue Manager/Harbor Inspector to approve boarding at non passenger boarding locations on a case- by-case basis. To begin this process it would help if a letter comes from your company requesting that the Revenue Manager/Harbor Inspector have the authority to approve boarding as stated above. Once this department has that letter, a memo can be forwarded to the City Attorney with the suggested revision for his review. Until the code is revised marine charter permits listing boarding at non approved sites will not be approved. Please call meat the Marine Department to discuss this further. Sincerely, Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH Marine Department August 23, 1994 TO: MARINE DEPARTMENT FILE FROM: Deputy Director SUBJECT: CABLE INSTALLATION AT THE COUNTY ROAD TO N AND BAY On today's date, August 23, 1994, I met with the property owner at 2307 and several representatives of Pacific Bell to discuss the proposed location of their new submarine cable running from the county road, across the harbor to N and Bay. The property owner at 2307 was concerned because the cable loops underneath his dock and he was afraid that it might effect future dredging under the float. At the meeting, all parties agreed to a minor relocation of the cable as depicted on the plans in the file, and also the contractor installing the cable is Shellmaker, who does most of the dredging in the harbor, and Pacific Bell will ask Shellmaker to give the property owner a call and allay his fears regarding future dredging. It appears from the plans, and based on input from the engineers from Pacific Bell, the cable will be installed well below any possible future dredging location. At this moment, we feel that the problem has been resolved to the property owner's satisfaction and Pacific Bell is going forward with the installation based on the agreements at the site. Tony Melum Deputy Director CITY OF NEWPORT BEACH COUNCIL MEMBERS 161 ROLL CALL August 22, 1994 �INUTES /V, Motion x Motion was made to postpone decision All Ayes until Mr. Matsumoto returns to the City for a further presentation before the Council. 18. RENAMING OF 15TH STREET PARR - Memorandum from Community Services Director with recommendation of the Parks, Beaches and Recreation Commission to rename 15th Street Park as Veterans Memorial Park. Motion x Motion was made to accept staff's All Ayes recommendation, set forth in the foregoing. Pat Dolan, Cdr. American Legion Post 291, addressed the Council, expressing his thanks for the favorable consideration by the City Council and the Parks, Beaches and Recreation staff. He advised that the history of the organization started in 1923 with 37 members from WWI, and in 1937 they moved to their current location on 15th Street, which is designated as a historical building. They represent the second largest Post in the State, with about 1650 members, which includes two Medal of Honor winners and through its entire 70 year history, the Post has been very active in supporting the community, schools, youth programs,. social organizations, Veterans of Newport Beach, and the Veterans Hospital. 19. BRET PRICE SCULPTURE - Report from Community Services Department recommending approval of the. Board of Library Trustees, City Arts Commission and the Parks, Beaches and Recreation Commission to relocate the Bret Price Sculpture to the grassy locale below the City parking lot on the easterly side of the intersection of Coast Highway and Superior. Motion x Council Member Sansone advised that the Arts Commission raises money through juried,arts exhibits, and this money goes into the City's General Fund. The $1500 to relocate the sculpture will be taken from this account; therefore, he made a motion to approve the recommended action by staff. Motion x Following discussion, Council Member Ayes x Hedges made a substitute motion to Noes x x x x x donate the sculpture to the Newport Harbor Art Museum, which motion FAILED. Ayes x x x x x The main motion by Council Member Noes x Sansone was voted on and carried. 20. FUN ZONE BOAT COMPANY - Report from City Attorney recommending approval of findings in conjunction with application of Fun Zone Boat Company for ticket booth and office building. Volume 48 - Page 304 INDEX Veterans Mem Prk (62) Arts/Sculpt (62) Fun.Zone Boat Co (74) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Fs pti F� � ROLL CALL August 22, 1994 16. DONATION OF CHERRY TREES - Report from General Services Director recommending to accept, in concept, the future donation of 2000 15 -gal. cherry trees by Mr. Matsuya Matsumoto for use in a future City park. Wendell Fish, Past President of the Sister City Association, and currently Chairman of the Okazaki Committee, advised that the Sister City Association is heartily in favor of seeing cherry trees inbloomhere in Newport Beach, but they feel that any solicitation on their part to introduce Mr. Matsuya Matsumoto, a Newport Beach resident, to discuss this concept to the City of Okazaki and secure a commitment of funds would jeopardize the Okazaki Sister City Association with Newport Beach. Mr. Fish added that the Sister City Association has notified Mr. Matsumoto that they will not be providing him or anyone else with an introduction to the Mayor of Okazaki at ,this time. Further, that Okazaki and Newport Beach have been Sister Cities for 10 years, and have developed a very meaningful relationship, particularly in the educational area through the student exchange program; and Okazaki has already presented Newport Beach with some very expensive and meaningful tokens of friendship, including their generous contribution to the Newport Beach Library. The GeneralServices Director addressed the Council, advising that in several conversations with Mr. Matsumoto he had not heard of the fact that Mr. Matsumoto plans to solicit the City of Okazaki for any funds at this time, and wants to do this on a -private basis. Virginia Herberts, member of the Parks, Beaches and Recreation Commission Ad Hoc Tree Donation Committee, addressed the Council, stating that Mr. Matsumoto was requested by the Community Services Director to coordinate the concept of the cherry tree donation with Wendell Fish and the Sister City Association. Further,' Mr. Matsumoto has committed $30,000 regardless if anyone helps or not, and needs approval in concept now, as he needs to prepare the way for the nursery to start the growth of the cherry trees. Discussion ensued as to the placement of the cherry trees, and the cost of maintenance involved once the'trees are planted. Ron Hendrickson, Architect and a former Planning Director who spent a lot of time working with landscape architects addressed the Council, stating that he feels it would be premature if the City makes a commitment to plant 2,000 cherry trees, which are deciduous trees. Volume 48�- Page 303 INDEX 0 COUNCIL MEMBERS Fs oti F� s - ROLL CALL Motion Motion Ayes Noes Motion. All Ayes ►a xIXIXIXIXIX x CITY OF NEWPORT BEACH August 22, 1994 Council was advised that three letters in opposition to the approval of findings by the City Attorney were received after the agenda was printed from: Balboa Peninsula Point Association, Central Newport Beach Community Association, and Paul Medina of Medina Way. Dona Colombero, 1003 E. Balboa Boulevard, addressed the Council, stating that she was here at the request of the Balboa Peninsula Point Association that the City Council withdraw its approval of the Fun Zone encroachment permit, and that the application should be subject to a public hearing, as this would set a precedent -making decision for the benefit of one particular business at the expense of the general good of the residents of the City. Tom Hyans, President of Central Newport Beach Community Association, expressed their concerns of the pending action to complete approval of an application to construct a temporary ticket booth on the private property in front of 600 Edgewater Place in Balboa. In response to Council inquiry, the City Attorney advised that the findings before the Council are to distinguish the subject encroachment from any other applicant that might come forward. Further, that the City's standard encroachment agreement typically gives the City Council or staff the discretion to require the property owner to remove the structure or encroachment at any time if the City makes such determination. In addition, this particular property does not have a specific zoning designation, as we are dealing with temporary structures located on public property pursuant to an encroachment agreement. Mayor Pro Tem Watt made a motion to bring the request back, subject to a public hearing. Bruce Voss, 2424 S.E. Bristol, Newport Beach, Legal Counsel for Ray and Dorothy Handy, addressed the Council stating that the findings submitted by the City Attorney deals with, among other issues, a temporary building, safety and environment, and asked for favorable consideration tonight. Mayor Turner made a substitute motion to adopt the findings submitted by the City Attorney. 21. 1994-95 ARTS AND CULTURAL GRANTS - .Report from the Community Services Department upholding the recommendation of the City Arts Commission for the 1994-95 Culture and Arts Grant. In view of the premature removal of this item, motion was made to approve the action on the agenda. Volume 48'- Page 305 MINUTES INDEX Fun Zone Boat Co Arts Grant (24) COUNCIL MEMBERS ROLL CALL Motion All Ayes x CITY OF NEWPORT BEACH August 22, 1994 25-. Special Events Application 94-429 - Request for the Annual 2K/5K Harbor Heritage Run/Walk, Saturday, October 1, 1994, from 7 a.m. - 12 Noon, Newport Harbor High School area. Following clarification of typographical error in staff report; approved recommended action. PUBLIC COMMENTS: 1. Charlie Gabbard, 436 Heliotrope, addressed the Council with regard to the City's policy of requiring A -rated insurance carriers for all construction projects regardless of the size of the project. He requested that when the City reviews this policy they consider any project under $30,000 reduced to a B -rated insurance company so that small local companies can compete. 2. Dolores Otting, 17 Hillsborough Drive, addressed the Council regarding increased Cable charges, and the inconsistency of franchise fee charges on customer billings. Also, in reviewing the franchises that the City has, she was concerned that the City was not getting all of the franchise fees that they should as the City records revealed that the franchises have not been audited since 1990. In 1990 the City took in approximately $600,000 from the Gas and Electric Companies, and approximately $423,000 from the Cable Companies, which amounts to over $1 million. But last year the City only took in $900,000 in franchise fees, and this coming year the Budget reflects $1.2 million. She also stated that her Cable bill lists the telephone number of 714-644-3309, but when she dialed that number the City says that they have nothing to do with her Cable, and to call Dimension Cable, but she feels that if the City is going to collect 5%, which amounts to a half million dollars, she feels that the City should assume some responsibility. When she called Washington,. they mailed her a document which, in part, states that there should be a 30 -day advance notice when the cable bills are raised. She suggested that there are enough, interested residents of the City to serve on a Citizens Cable or Finance Committee. In response to Mayor Turner's inquiry, Mrs. Otting replied that Ken Delino referred her to Washington, D.C., as the City has nothing to do with Cable television any more 3. Stuart Williams, 1748 Bayport Way, addressed the Council, stating that he was concerned about Irvine Avenue, and what a disgrace it is to the rest of the City, with the unkempt eucalyptus trees and root problem, and overgrown weeds in the ice plant from Dover to Holiday. He feels that the residents on the west side of Newport are neglected regarding landscaping, and something should be Volume 48 - Page 306 MINUTES INDEX Permit/ Specl Evnt Apl 94-429 (27) e zD CITY OF NEWPORT BEACH. OFFICE OF THE CITY ATTORNEY MEMORANDUM August 17, 1994 TO: Mayor Clarence Turner All Councilmembers FROM: Robert H. Burnham SUBJ: Fun Zone Boat Company Proposed Ticket Booth Encroachment Permit On August 8, 1994 the City Council approved the application of Fun Zone Boat Company to construct a temporary ticket booth on public property upland from the docks in front of 600 Edgewater Place. The application wasapprovedsubject to certain conditions including the execution of an encroachment agreement and the issuance of a coastal development permit. Staff was asked to prepare findings for approval consistent with the intent of the - City Council. The suggested findings are as follows: 1. The Fun Zone Boat Company offers relatively low cost harbor cruises and excursions easily available to all members of the general public; 2. The cruises and excursions offered by Fun Zone Boat Company provide members of the public with valuable information about the history and ecology of lower Newport Bay and serve important recreational and educational needs of visitors to Newport Beach; 3. The Fun Zone Boat Company has been operating from docks adjacent to the Balboa Ferry since 1948 and has become an integral part of the water dependent businesses along the Balboa Peninsula that contribute to the charm of the area; 4. The Fun Zone Boat Company's operation is different than other members of the boating industry such as those which offer transportation to Catalina, sportfishing or whale watching in that the majority of its patrons do not make reservations, or pay for, cruises or excursions in advance of the date and time for departure and the vast majority of Fun Zone patrons are individuals who come to central Balboa for other reasons and would be unaware of the availability of these relatively inexpensive cruises and excursions in the absence of a ticket booth visible and accessible from Edgewater Place and Palm Avenue; 5. The nature of the Fun Zone Boat Company operations also require a ticket booth immediately upland from the docks V' bayward of 600 Edgewater Place to monitor the arrival and departure of ticketed passengers, provide passengers with information related to the cruise/excursion, ensure the safety of passengers, and facilitate boarding by persons with physical disabilities; and 6. Approval of the temporary ticket booth is subject to various conditions which ensure minimum impact on the publics' view of the bay, require Fun Zone to relocate, at its cost, public facilities in the area where the ticket booth is to be located, protect the City from liability related to the presence of the ticket booth, and give the City Council the discretion to require removal of the temporary ticket booth, with appropriate notice, upph' a determination the area is required for public access, r public purposes. Robert H. Burnham _:-.._ City Attorney RHB : gj b MCCFunZo.822 CITY OF NEWPORT BEACH COUNCIL MEMBERS yF s9ti ' �9� �1p, �' s9f- ROLL CRLL August 8, 1994 Motion All Ayes Motion All Ayes Motion Motion Green Red X 2 J6�-M?NUTES INDEX 3. Political signs in residential areas may not exceed 6 square feet; 4. The time within which temporary signs in commercial districts may be displayed is increased from 60 days to 90 days to conform with the residential standards; 5. There is an absolute ban on posting signs on public property. Following discussion, motion was made by Mayor Turner to adopt "IIRGENCY" ORDINANCE NO. 94-43. CONTINUED BUSINESS 36. AVIATION COMMITTEE COUNCIL/CITIZENS AD HOC COMMITTEE: Motion was made by Mayor Turner to appoint Clinton Rygel as the Representative from Corona del Mar to the Aviation Committee. The names of George Parker and Harry Merrillwereoffered for the Alternate to Mr. Rygel. Council Member Hedges indicated he felt the City should advertise for the position of Alternate, and therefore, made a, motion to defer action on this appointment at this time. Substitute motion was made by Mayor Turner to make the Alternate selection this evening, and therefore: George Parker was assigned the green light. Harry Merrill was assigned the red light. Harry Merrill was appointed as the Alternate. CURRENT BUSINESS 37. Reports from Public Works Department and Marine Department regarding: A. FUN ZONE Proposed ticket booth and office building in the public access easement in front of the Fun Zone; and B. HARBOR PERMIT APPLICATION 112- 600 BY FUN ZONE BOAT COMPANY for a revision to the docks bayward of 600 East Bay Avenue. The City Clerk advised that after the agenda was printed, a letter was received from Paul M. Medina, 307 Medina Way, in opposition to the application for a ticket booth and office building. Volume 48 - Page 291 Aviation/ Ad Hoc CAC arine/PW ptms 51/74) 'un Zone ,oat Co. X X x X x x x x 2 J6�-M?NUTES INDEX 3. Political signs in residential areas may not exceed 6 square feet; 4. The time within which temporary signs in commercial districts may be displayed is increased from 60 days to 90 days to conform with the residential standards; 5. There is an absolute ban on posting signs on public property. Following discussion, motion was made by Mayor Turner to adopt "IIRGENCY" ORDINANCE NO. 94-43. CONTINUED BUSINESS 36. AVIATION COMMITTEE COUNCIL/CITIZENS AD HOC COMMITTEE: Motion was made by Mayor Turner to appoint Clinton Rygel as the Representative from Corona del Mar to the Aviation Committee. The names of George Parker and Harry Merrillwereoffered for the Alternate to Mr. Rygel. Council Member Hedges indicated he felt the City should advertise for the position of Alternate, and therefore, made a, motion to defer action on this appointment at this time. Substitute motion was made by Mayor Turner to make the Alternate selection this evening, and therefore: George Parker was assigned the green light. Harry Merrill was assigned the red light. Harry Merrill was appointed as the Alternate. CURRENT BUSINESS 37. Reports from Public Works Department and Marine Department regarding: A. FUN ZONE Proposed ticket booth and office building in the public access easement in front of the Fun Zone; and B. HARBOR PERMIT APPLICATION 112- 600 BY FUN ZONE BOAT COMPANY for a revision to the docks bayward of 600 East Bay Avenue. The City Clerk advised that after the agenda was printed, a letter was received from Paul M. Medina, 307 Medina Way, in opposition to the application for a ticket booth and office building. Volume 48 - Page 291 Aviation/ Ad Hoc CAC arine/PW ptms 51/74) 'un Zone ,oat Co. COUNCIL ROLL CRLL MEMBERS \,a,, dF�\ Motion x Ayes x x x Noes I I x I x x CITY OF NEWPORT BEACH August 8, 1994 Council Member Hedges indicated this X Variance was considered in depth by the Planning Commission; he has viewed the site; it is a relatively small house, and therefore, moved a substitute motion to sustain the decision of the Planning Commission and approve Variance No. 1196 which motion carried. PUBLIC COMMENTS Dean Reinemann, 8Sandflower Court, addressed the Council and read into the record a letter sent to the California Coastal Commission regarding Permit Number 5-93-356 by the City of Newport Beach concerning construction of approximately 1.2 miles of a 3611 diameter water transmission pipeline, a three million gallon storage reservoir, and approximately 5,950 square feet of additional building area at the existing City Utilities yard. He stated that the Coastal Act requires a permit before work can begin, and a permit hearing is scheduled for August 11, 1994 in Long Beach; however, work has already begun on the project prior to receiving that approval. Additionally, work was stopped because of discovery of an earthquake fault and then restarted. Mr. Reinemann stated that the question is "does the City of Newport Beach have to follow the law with respect to the Coastal Act?" He stated he knew what would happen to him or anyone else if they began a project in the City without the benefit of a permit, and he questioned "why does not my City follow the law as he finds no good reason for this action." The City Manager stated that the portion of the project that falls within the Coastal Zone has not been started, however, work has begun on that portion which is outside the Coastal Zone. He stated he would be happy to meet with Mr.'Rinemann if he would contact his office for an appointment. ORDINANCES FOR ADOPTION 35. Report from City Attorney regarding an "urgency" ordinance authorizing PLACEMENT OF POLITICAL SIGNS. The City Attorney advised that the key provisions of the proposed Urgency Ordinance are as follows: 1 Political signs may be posted in residential districts for a period of 90 days prior to any municipal, school district, or statewide election; 2. Political signs must be. removed within 10 days after the election. Volume 48 - Page 290 MINUTES INDEX "Urgency rdinance" 94-43 (39) COUNCIL MEMBERS. s - ROLL CALL CITY OF NEWPORT BEACH August 8, 1994 The Public Works Director stated that the Encroachment Permit part of this application is a proposal by the Fun Zone Boat Company to construct a 10 foot x 14 foot office ticket selling facility in the public easement adjacent to the Fun Zone immediately behind the bulkhead. He referenced the plot plan attached to the staff report and the drawings on display which depicted the area where the proposed building is intended to be located. The staff is recommending against this application because of the impact on the public easement, public views, and the public use of the area. However, if the Council is interested in granting something similar to the request, the staff has suggested some rather restrictive conditions in the staff report. Ray Handy, 44 Whitewater Drive, Applicant, stated that they are a family-owned business located at 700 Edgewater and have been there 23 years. He discussed their proposal, noting they would like to construct a 10' x 14' building from which, among other things, they will be able to observe passengers loading and unloading; they are very serious about the safety of their operation;. and they are currently working on a contract to bus passengers into the area for a 4 -hour period of time. He addressed the 11 Conditions of Approval set forth in the staff report, commenting that Condition No. 1 should be changed to reflect 140 sq. ft. as opposed to 64 sq. ft.; Conditions No. 4, 5 and 7 are not necessary in his opinion; Condition _No. 9 - suggested loud speaker be permitted to advertise their use; and Condition No. 10 - suggested it be made on a 1 -year basis so that renewal is not necessary after that time. Joe Tunstill, 600 E. Ocean Front, stated he started working at the Balboa Fun Zone in 1950 and recently purchased the property. He stated he was in support of the request by Mr. Handy to move the tour boat operation from its present location next to the Pavilion, to a new location next to the ferry landing. He discussed proposed new handicapped access and their desire to accommodate the public in this regard which is not at the current location. In between speakers, the Public Works Director indicated that, although not separately mentioned in the staff report, a Coastal Zone Permit will be required for this project. Steve Barrett, 177 Riverside Drive, spoke in favor of the subject application and stated he felt it will be of benefit to the public and a win- win situation for everyone. He stated Volume 48 - Page 292 MINUTES INDEX un Zone oat Co. COUNCIL MEMBERS 9s - ROLL CALL Motion I x CITY OF NEWPORT BEACH August 8, 1994 MINUTES INDEX they will be revising the Fun Zone Fun Zone Marina after the appropriate permits are Boat Co. issued; he discussed the purpose of the module structure, and pointed out some inaccuracies, in his opinion, that he had noted in the staff report. Brad Bradford, 299 RobinhoodLane, representing Champagne Cruises, addressed the Council and distributed a brochure outlining their guided tours arriving in Newport Beach via the hotel operators they work with. The tours consist of 120 passengers arriving in. three luxury coaches, and includes not only the 2 -hour narrated Champagne Cruise, but breakfast at the Balboa Pavilion, lunch at Newport Landing, stop at Newport Pier, shopping at Lido Village, dinner at a local restaurant, and tour and shopping at Fashion Island. Motion was made by Council Member Hedges to approve the proposed ticket booth and office building in the public access easement in front of the Fun Zone, with the stipulation that said structure be as attractive as possible, and subject to the following revised conditions: 1. That the building have no more than 140 sq. ft. and be relocatable. 2. That the upper portion of the building have as much clear glass area as is structurally feasible. 3. That the building be placed as near to the Ferris wheel enclosure as is practical to provide convenient access to both uses. 4. That an Encroachment Agreement be executed which will provide for these conditions and the other normal conditions that are attached to private uses in public easement areas. (The proposed requirement for recordation of the subject agreement was deleted). 5. That an Encroachment Permit issued by the Public Works Department be required for the work done in the Public Access easement area. 6. That any public facility disturbed by the proposed use be replaced in a location acceptable to the Public Works and Planning Departments, unless it is determined that there is insufficient room for the relocation. 7. Deleted Volume 48 - Page 293 COUNCIL MEMBERS �G� RFs s�ti � tiF� � 9� ROLL CALL Ayes Noes CITY OF NEWPORT BEACH XIXIXIXIXIXIX August 8, 1994 8. That an appropriate insurance policy be provided which insures that the City is protected from any liability related to the proposed private use of the public easement area. 9. Deleted 10. That the City Council can rescind the agreement at any time for reasons of public access upon proper notice to the applicant. 11. That a Harbor Permit be obtained for any use and/or work on the bay side of the bulkhead. Council Member Hedges stated his motion also included approval of the Harbor Permit Application No. 112-600. Council Member Hart spoke against the motion indicating she felt that offices should not be allowed in a dedicated public right-of-way. She stated however, she was not opposed to the Harbor Permit Application also under consideration. The City Attorney requested that he be authorized to prepare appropriate Findings for Approval of the ticket booth and office building for consideration at the next Council meeting so that a precedent is not created for similar applications in the future, to which there were no objections. Following discussion, the motion was voted on and carried. Adjourned meeting at 1:38 a.m., August 9, 1994. The agenda for this meeting was posted on August 3, 1994 at 2:30 p.m., and supplemental agenda posted on August 5, 1994 at 4:30 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: City Clerk Mayor Volume 48 - Page 294 MINUTES INDEX Fun Zone Boat Co. �s Agenda Item No. CITY OF NEWPORT BEACH Marine Department March 28, 1994 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: AN APPLICATION BY PACIFIC BELL TELEPHONE COMPANY TO INSTALL A SUBMARINE CABLE FROM THE COUNTY ROAD TO "N" AND BAY STREET Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the Army Corps of Engineers. C 3715 2. Notification to the Orange County Sheriff's Harbor Patrol at least 72 hours prior to commencement of the work. 3. Notification to the United States Coast Guard. 4. Acquistion of an encroachment permit from Public Works with review by the Utilities Department. Discussion: This application is before the Council as required by Section 5.B. of the Harbor Permit Policies which states: 5.B."Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Harbor Drawings and adopted Harbor Permit Policies." Pacific Bell proposes placing 1,735 feet of cable across Newport Bay. The cable will run from the County Road at Bayside Drive to "N" Street and Bay Avenue. The cable will be dredged into the bay floor. This will be approximately 30" below the existing bottom which is about 22' below MLLW at center channel in this area. The new cable is being put in place to augment existing cable now in place. Tony We um Deputy Director 2 414801 L. (S06! SY n f � � E W � 5' --- - : -E 2.;&- CAM 1� 7S' — E-- !2��'-. -I 236571 035 j -—__-- � / in o �� f 5ULK44EAD LINE 22.65]5 EL -4.40 p n— O ` ,O >-22.5192 EL •i-6.17 t"yj�73.33• EL • -8.25 ^5 c,.G `TfVK I.� u 22.2526 pG ro EL -f2.07 j ERLINE i 21.97.74 -_..-___._-_—_._. I N _ � �- . .. i E 2 sc1 / Z'�db9 I r'°• �— � J I I ✓6 r � 'j' i 30 581 I r ! � i ! @ �. j, r IA p. ,m 1 < n RC EG L iD J y -d Z t 171 30 I i 1 (Pm 3_O nl 430 z. TIT EL 1936 ttl \ j 71 1 i � 3_O nl 430 ITT EL 1936 124 SEE ITT ITT 124 SEE ITT 4-1 mEL. 5c 'S Z 7011 EL OF CARS E' (I306J 4130 Of- OF CUR -- j Ei- ((642)4E ­ CP or TEL. CITY OF NEWPORT BEACH! HARBOR PERMIT PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY SHOWN ON THE REVERSE HEREOF AT THE SITE INDICATED. SUBJECT TO THE PROVISIONS OF THE HARBOR PERMIT POLICIES OF NEWPORT BEACH AND ANY SPECIAL CONDITIONS LISTED HEREON. IM PERMIT IS NOf TRANSFERABLE WITH0UTTHE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE = BY THE CftY COUNCIL IN ACCORDANCE WITH TM y� THE M�P)DE. CITY ®� zzoe PERMIT N0. Ci n r Of nor s ;,a ft 311-51" WPO 0 "rv'-"'F NEWPORT BEACH P.O. BOX 1,768, NEWPORT BEACH, CA 92658-8915 March 21, 1994 Tom Belmont Pacific Bell 1452 Edinger Avenue, Room 1331 Tustin, CA 92680 Re: Submarine cable installation from the County road and Bay- side Drive in Corona del Mar to 'IN" and Bay on the peninsula Dear Mr. Belmont: I have received your plans and request for approval to install a submarine cable across Newport Harbor between the County road and 'IN" and Bay. As I'd mentioned to you over the phone, this requires City Council approval, and, for your information, the last time we were involved in this process was in 1987, when we approved the installation of a submarine cable from Balboa Island to the peninsula in the approximate area of Palm Street. The fee for this permit is $450.00, and, in addition to this, you will need approval of the Army Corps of Engineers, which I understand you have already acquired. Ordinarily, it would also require Coastal approval, however, in the past, it is my understanding that Pacific Bell has an exemption under the exisitng Coastal Act and is not required to get a permit. We would also request that you contact the United States Coast Guard and see, based on the construction, if a notice to mariners is appropriate. We would also request that you notify the Orange County Sheriff's Harbor Patrol at least 72 hours prior to commencement of the cable work so that they are aware of the work being done, and, if necessary, assist you in handling any recreational boating that might become a problem. It is my plan to take this request to the city council meeting on April 11, 1994, and assuming that the Council approves your request, the permit could be issued on April 12, 1994. If you have any questions regarding the above, please give me a call at (714) 644-3044. Sincerely, ll�lilm " Tony Me Deputy Director 3300 Newport Boulevard, Newport Beach FUN ZONE BOAT CO. INC. #95-2004549 700 EDGEWATER BALBOA, CA. 92661 Marine Department City of Newport Beach Attention: Tony Mellum /1Z-7dz9 PHONE (714) 673-0240 DAL GRETTENBERG NEWPORT HARBOR CRUISES "BELLE" "QUEEN" "SHOWBOAT" "TIKI" July 15, 1993 During the operation of the parasail boat from our dock, the Fun Zone Boat Company will reduce the number of passengers on the M.V. Tiki by six. This is the maximum carried on the parasail boat.. The Tiki will now carry a maximum of 144 passengers, until such time as the parasail boat no longer operates from our dock. Si ere1 ; Doro by Han Secretary ���xe� ,�i -� ----._.._-------- ---_._+-t _ � _ __ __ I__ __ __.._ — _.__.. __ .__--- --_._-- —_._—._---- i= d!' ,: __..--�------------- 'i 1> FUN ZONE BOAT CO. INC. #95-2004549 700 EDGEWATER BALBOA, CA. 92661 Mr. Tony MellUm Marine Department City of Newport Beach Dear Tony; PHONE (714) 673-0240 DAL GRETTENBERG NEWPORT HARBOR CRUISES "BELLE" "QUEEN" "SHOWBOAT" "TIKI" July 1, 1993 During the operation of the Parasail Boat (from our dock), the Fun Zone Boat Company will reduce it's passenger count on it's four boats by the number of passengers on the Parasail Boat. The Parasail Boat carries a maximum of six passengers. Si cere1 , Dorothy Hand secretary G✓��' /',rte — �-y 5 ''`�:=%i=ce. ...-:.l F. f.• FUN ZONEPURM I L a 714 /673-2419 Soar over beautfful Balboa' as you take-off and land directly from our custom parasal boat You never have to get wet. but it's more fun if you dol Price Includes Harbor Cruise $45.00 Flyer $`15.00 .Rider At the Fun Zone Boat Company Hcross From Pizza Petes! +s� lid0 P PD X w v x �, x B ALB OA FUN ZONE RETURNED YOUR CALL WTLL CALL AGAII, CAME iN -TO `SEE YOU' URGENT 1CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 June 15, .. Ray & Dorothy Handy Fun Zone Boat Company 700 Edgewater Balboa, California 92661 Dear Ray and Dorothy: This will confirm that the Fun Zone Boat Company has met the requirement to construct a vessel waste pumpout facility on the docks where the passengers are loaded and unloaded and the vessels are berthed. A field inspection on June 14 found the pump to be well located to access all your vessels and demonstrated it had the necessary pressure to handled the demands of pumping out your boats at all tides. Thank you for your cooperation in this matter and for including the upgrade of the pumpout facility as part of the renovation that has recently been done to your docks. Sincerely. Wes A mand Harbor Inspector 3300 Newport Boulevard, Newport Beach i CITY OF NEWPORT BEACH HARBOR PERMIT mon "T mom � r AAS► � � wpm sm T Har TRANSFERABLE i! i� wnRTHf THE CITY HARBOR coonORDW on pry RIGHTS GIVEN UNDER THK MMR AAE oftimll t 1r AND THIS PERMIT MAY GE REVOKED By Tj* Car IN ACCORDANCE WITH im }+ a pie, "pm CODE �f CITY H BG 7,Q00flDJNAT0R FER4�BT N O DATE r:,a `yEW Pp�T o� CITY CSP NEWPORT BEACH �- n U = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 ovk June 7, 1993 Dorothy Taylor Fun Zone Boat Club 700 Edgewater Balboa, Ca. 92661 Dear Ms. Taylor: In previous conversations with the Fun Zone Boat Company I have indicated the Marine Department's concern regarding the vessel pump station in its present location at the Fun Zone marina. Specifically, it is too difficult to access and thus makes it not in compliance with Municipal Code 17.30.020. Section 17.30.020: ..."The pumpout facility shall be installed on dock space under the control of the club or permittee with convenient access to all vessels, owned, leased or chartered by the club or permittee . 11 Marine Department request that the pump either be brought out onto the dock, or be made portable, so it can be brought onto the docks when the tour boats holding tanks need to be pumped. Adding more hose to the existing pump would not be a satisfactory solution. This work must be completed by June 30, 1993. Please contact me once you have decided on the type of pump you will employ. The City requires permits if any dock work will be necessary to install a permanent pump facility. This Department has a file on other pumps currently in use around the harbor (other than the Keco ones used at all public pump out stations) . If you need to discuss this further with me, please call 644-3044. Sincerely, Wes Armand Harbor Inspector \ 3300 Newport Boulevard, Newport Beach -/ A -R CITY OF NEWPORT BEACH V ? P.O. BOX 1768, NEWPORT BEACH; CA 92659-1768 January 19, 1993 Richard Greninger Anchors Away Boat Rentals PQ Box 4022 Newport Beach, CA 982661 Re: Commercial Harbor Activities Permit for Anchors Away Dear Mr. Greninger: Based on our meeting of this date it is our understanding that the size of the operation for Anchors Away is as follows: You currently have eight speed boats which accomodate a maximum of six persons per speed boat, you also have retained five pontoon boats with a maximum passenger capacity of, six persons. Therefore, the number of vessels currently operated by Anchors Away at its site is 13 vessels. During the winter you have three slips available for your 13 vessels and during the summer you have four. Further, it is my understanding that you have rented six parking spaces in the Fun Zone parking structure At your request we discussed with the Planning Department your belief that your business is mainly geared to walk up traffic and as such does does not generate additional parking considerations or related problems in the Balboa Fun Zone area. If there is any change in your operation regarding available parking or the numbers or kinds of vessels that are operated from the site, please contact the Marine Department at once. If you have questions regarding the above, please call me at 644- 3044. Sincerely, F Tony Melum Deputy Director 3300 Newport Boulevard, Newport Beach e-\VPO 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 I FOP, January 8, 1993 Richard & Lila Greninger Anchors Away Boat Rentals 20081 Bushard Street Huntington Beach, Ca. 92646 Dear Mr. and Mrs. Greninger: The Marine Department is aware that you now have eight speedboats and five pontoon boats at your location. According to our records you are only allowed five boats. -We have no information indicating that your Commercial Harbor Activities Permit was revised to allow these additional vessels. Please contact Tony Melum, Tidelands Administrator, at the Marine Department and schedule an appointment. It is necessary to bring any documentation that would substantiate that the conditions of your permit have been amended to allow you to have these additional vessels. Sincerely Wes Armand, Harbor Inspector 3300 Newport Boulevard, Newport Beach FUN ZONE BOAT CO. INC. #95-2004549 700 EDGEWATER BALBOA, CA. 92661 Wes Armand Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, CA. Dear Mr. Armand: PHONE (714) 673-0240 DAL GRETTENBERG NEWPORT HARBOR CRUISES "BELLE" "QUEEN" "SHOWBOAT" "TIKI" October 10, 1992 In response to.our meeting and your letter dated 2 October 1992, the Fun Zone Boat Company has agreed to revamping the company's pump -out station. The Fun Zone Boat Company will complete the refitting of the pump -out station before the Christmas Boat Parade.. The work will be performed by a licensed plumbing contractor. This letter should complete your file on this matter. We will call you when work is completed, for your inspection. Sincerely, Dorothy Taylo Handy. c 3 » a , 7 J G u < \ � \ G « \ / / c % Q Q 6 Q » ( \ / $ 2 . 8 @ %ow 12 o m Q 2 w o .�\ -P O \ R m •w - G APPT ICA'r1O 1 TO CHANGE ADDRESS OF FUN ZONE; BOAT COMPANY COMMERCIAL EARBOR PERMIT. MARINE DEPARTMENT Telephone 644-3044 Business Name: Fin zone Beat Company, Inc. Business Mailin City and Z Address— 700 1 jBa1b( Address of Business 700 Edgewater Balboa• CA 92661 Business Telephone - If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: 1. Dal Grettenl c ew -02401 Give name, address and telephone number of the person, or persons, who will have general management responsibility for applicant business: Dal Grettenberq 824 w. 1.5th St. X42 Newport. Beach 673-0240 Handy 4 Whitewater Carona del Mar, 720-0274 Please dive a complete description of the proposed method of operation of vessel, watercraft and,/or other facilities, including, but not limited to: 1. Location where vessel will be permanently berthed 2. Location where passengers will be loaded and unloaded 60Q Fdqeterr,alboa CA 92661 3. Maximum number of passengers carried (include crew) 385 4. Location where required parking for passengers, employees and crew will be provided: Munic;i,al Lot. 5. Days business will operate:. 7 days a week 6. Hours of operatio Cs, and evenings as needed 7. Routes of Travel: Main navigation charincls witp within Newort 11arbor for double deck vessels and all nava ational channels for single der y t Ves'Sr c . a. Types of activities permitted on board: Jjar t Y' - 9. Types of merchandise to be sold food & liquor served Gn-borcl wi)a comply with all federal, state & c.ountry licensing laws. 10. Is Coast Guard certification required? Yes If not, why not? 11. Type and amount of liability insurance carried for this operation*-_, Protection and indenmit.y_ for $1.000,000.00 __-- carrier:^ T,loyds of Jondon -- 12. Other pertinent information: Address chane only. A1.1_other terms and conditions remain unr'han2ed froril e4ist111a _perm.it. 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation; 1141sh & 1 it.t.er- Ain%nitc fraCt•1 ArPA And so'waae. into the.. 14. Describe the type of entertainment which the applicant proposes, if anyNarration durinci Rublic tours and e t.e.r. :ainment. pro- vided private c i rter grow kZLich will bf. n roll . y crew so that. i wi31 riot be audible for a distance in excess of 50 foot. from thL vessel, No sound amplification later than 10:00 PM. PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WXTH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the foregoing is true and correct: Date 31319 2__ Signature:. Telephone t714) 824 West 15t.ht taewport Beach Residence address TO BE FORWARDED To FOLLOWING FOR INVESTIGATION & RECOMMENDATION: Chief of Police Orange County Harbor District Other , Approved/Denied by Marine Department (and Date) DATE TIME FOR WHILE YOU WERE OUT M OF PHONE NO. EXT. TELEPHONED - PLEASE CALL RETURNED YOUR CALL. WILL CALL AGAIN CAME. IN TO SEE YO URGENT MESSAGE BY __P pR C ITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 "�LIFQFL? October 2, 1992 Dorothy Taylor Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Ms. Taylor: This will confirm the terms of the agreement reached yesterday between us regarding revising your sewer connection on your vessel waste pumpout station so that it is more conducive to service your tour boats. You agreed to complete the work prior to the start of the Christmas Boat Parade, and it is assumed that the work will be done by a licensed contractor who secures the required permit from the Building Department. You also agreed to submit a letter of intent to do this work and estimated completion date within one week from our meeting. your cooperation in this matter would be appreciated. Sincerely es Armand 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT EAC P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 October 2, 1992 Dorothy Taylor Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Ms. Taylor: This will confirm the terms of the agreement reached yesterday between us regarding revising your sewer connection on your vessel waste pumpout station so that it is more conducive to service your tour boats. You agreed to complete the work prior to the start of the Christmas Boat Parade, and it is assumed that the work will be done by a licensed contractor who secures the required permit from the Building Department. You also agreed to submit a letter of intent to do this work and estimated completion date within one week from our meeting. your cooperation in this matter would be appreciated. Sincerelyv, ies Armand 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714) 644-3131 August 25, 1992 William Bruce Voss, Esq. Haight, Brown & Bonesteel 5 Hutton Centre Drive, Ste. 900 Santa Ana, CA 92707 Re: Fun Zone Boat Company, Inc. Dear Mr. Voss: Enclosed please find four original forms for the amended Commercial Harbor Activities Permit that was previously granted to Fun Zone Boat Company, Inc. We apologize for not discovering sooner that they have remained unsigned by your clients, Mr. Grettenberg and Ms. Handy, and thus, we are forwarding them on to you for execution. Please return all four originals, once they have been signed by your clients. If you have any questions, feel free to give Mr. Burnham a call. Thank you for your anticipated courtesy and cooperation in this regard. KMC:kmc Enclosures y ly yours, -K is ine B. McCulloch, Secretary to Robert H. Burnham, City Attorney 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY March 9, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Closed Session 3-9-92 This office believes the City Council'�is authorized to, and should, meet in Closed Session on March 9, 1992 to discuss litigation entitled City of Newport Beach v. Dixon. This matter is in litigation and public disclosure of our efforts could prejudice the City. Staff needs to update the Council on the status of discussions with the City's auditor and obtain confirmation of our tentative decision to retain a firm to provide limited advice relative to potential liability on the part of the auditor and financial institutions with which forged checks were deposited. The basis for this portion of the Closed Session is found in Section 54956.9(a) of the Government Code. This office also believes the City Council is authorized to, and should, meet in Closed Session to discuss the application of Catalina Passenger Service to transfer a commercial harbor activities permit. The Council is authorized to meet to determine whether, based on existing facts and circumstances, there is a significant exposure to litigation against the City. We believe there is a significant exposure to litigation with respect to the pending application of Catalina Passenger Services to transfer the commercial harbor activities permit issued to Fun Zone Boat Company. As evidence of our opinion, Staff has recommended the Council impose a condition relative to litigation in the event the application is granted. Also, we have received correspondence from two attorneys representing Fun Zone Boat Company and both letters suggest that litigation will follow in the event the application is granted. The Fun Zone has submitted an application for an "amendment" to the commercial harbor activities permit and, litigation is likely to follow if the Council were to deny this application. Finally, we have competing claims to the permit and the claimant who loses is likely to file a lawsuit. This portion of the Closed Session iS based on Section 54956.9(b)(1) of the Government Code. ,/ Robert H. Burnham City Attorney RHB:kmc TO . o 54A �.�A7w A�- DATE -12P4 ❑ MAYOR El COUNCIL' 0 CITY MANAGER 0 GENERAL SERVICES -0 LIBRARY -��ARWE 0 DEPUTY C, TY A4GR. 0 ATTORNEY ED PARKS & REC. ❑ BUILDING E3 PAYROLL ❑ BUSINESS LIC. ❑ PERSONNEL ❑ CITY CLERK ❑ DATA PROCESSING ❑ PLANNING ❑ POLICE El DUPLICATING ❑ PUBLIC WORKS EJ FINANCE ❑ PURCHASING 13 FUZE 0 TRAFFIC 0 UTILITIES ❑ TELECOMM. FOR: -------- --- ACTION 4 DISPOSITION oRMATION Co RETURN REVIEWS' CoA4A4ENT I RMIARKS: FROM: CITY ATT0RNE--Y--S--o-FFjCC P CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 (714)644-3131 February 28, 1992 Mr. Phil Tozier Mr. Robert Black Catalina Passenger Service, Inc. 400 Main Street Balboa, CA 92661 Mr. John L. Westrum Ms. Evelyn M. Westrum Westrum Family Revocable Living Trust 1006 East Balboa Boulevard Balboa, CA 92661 Dal Grettenberg Fun Zone Boat Company 700 Edgewater Place Balboa, CA 92661 Re: Application for Transfer of Commercial Harbor Activities Permit / Fun Zone Boat Company. Dear Interested Parties: As you know, Catalina Passenger Service, Inc. has applied for a transfer of the commercial harbor activities permit currently held in the name of Fun Zone Boat Company. The application for transfer is based upon the fact that the lease between Fun Zone Boat Company and the Westrum Family Trust (owners of the upland property), expires on April 30, 1992. However, the Fun Zone Boat Company contends the commercial harbor activities permit is personal to the operator and not contingent upon the ownership of, or a leasehold interest in, the property at 700/705 Edgewater. The City Council is scheduled to consider the application on March 9, 1992. Since the Council's decision may have a significant impact on the rights of one or more of the individuals/entities referenced in this letter, we encourage you to send all relevant comments and contentions to the Office of the City Attorney as soon as possible. Comments received prior to 5:00 p.m. March 3, 1992 will be attached to our Staff Report. Written reports received subsequent to that date will be copied and distributed to Councilmembers. 3300 Newport Boulevard, Newport Beach Mr. Phil Tozier Mr. Robert Black Mr. John L. Westrum Ms. Evelyn M. Westrum Dal Grettenberg February 28, 1992 Page Two. The Staff Report on the application will be available at 5:00 p.m. Wednesday, March 4th. Please contact Tony Melum if you would like copies of any documentation relevant to the Council's decision. Very ruly yours, ,r 2obert H. Burnham City Attorney RHB:kmc "RECEIVED AFTER AGENDA PRINTED!' 2- - 2 - 400 Main Street, Balboa, CA 92661 714/673-5245 FAX FAX 714/673-8340 March 5, 1992 The Honorable Phil Sansone, Mayor Members of the City Council City of Newport Beach 3300 Newport Blvd. Newport Beachi California 92663 Re: Application to Transfer Commercial Harbor Activities Permit Catalina Passenger Service, Inc. Dear Mayor Sansone and Members of the City Council This letter is being written to specifically in response to those matters contained in a letter dated March 3, 1992, addressed to you from Attorney Jack R. Handy, Jr., on behalf of Fun Zone Boat Compa- ny. Because that letter contains numerous inaccuracies, we believe that a response is necessary. At the outset, Catalina Passenger Service, Inc. (Catalina), execut- ed a lease on the subject property, only after being advised by the owner of the .property that he had entertained several offers !to lease the property, including an offer of Fun Zone Boat Company. Prior to the time the lease was entered into, inquiry was made of the Newport Beach Marine Department concerning the obtaining of a Harbor Activities Permit to operate in the same manner as the current permittee, Fun Zone Boat Company. Contrary to the express language in Mr. Handy's letter, at no time was there any represen- tation made by anyone from Catalina to the City of Newport Beach that Catalina was "taking over the business of Fun Zone Boat Compa- ny." This may be verified by your staff. Particular attention is drawn to the language of Mr. Handy concern- ing the manner in which Catalina has approached this matter. Spe- cifically, Mr. Handy alleges that Catalina has acted in a matter which should not, -be condoned by; the City Council. The absolute truth is that -at the time the lease was entered into,,,representa- tives from Catalina met with Mr. David Harshbarger and Mr. Tony Melum to advise the Marine Department.that Catalina had entered into a lease agreement for the"subject property. Catalina, inquired as to the procedure for obtaining a -permit to operate,: it being understood that the operation would not intensify the use on the property. It was at that meeting that Catalina was advised by your staff to file an "Applicationto Transfer" based upon the fact that Catalina was becoming the lessee of the property. Catalina Is appli- cation specifically indicated that the request was being made to be effective upon the current tenant's cessation of business at the current site. At no time was there an effort of Catalina to operate by "stealth and half truths." To the contrary, Catalina Passenger Service, Inc. acted in good faith, seeking the advice of staff concerning the ability to operate from the location in question as a result of the property owner choosing Catalina Passenger Service, Inc., as its tenant. The matters contained in the aforementioned letter are contrary to the reputation and style of our business enterprises. We at Balboa Pavilion Company and Catalina Passenger Service, Inc. have strived over the years to conduct business with the highest degree of pro- fessionalism and regard for the community, as I am sure that you are aware. It is for this reason that we were chosen by the land- lord of the subject property to replace the current tenant. Thank you for your courtesy and attention. Sincerely, PHILLO R. TOZER 9-92 • FULTON HAIGHT • HAROLD HANSEII BROWN MICHAEL U SONESTECL . CA" C. OTTdSON ♦ tLUOTT 4 OLSON 41 RONALD C KLINE ROY C. WCATHERUP ♦WILLIAM K. 90SKA ♦PETLR 4 e2ZELL ♦ DENNIS R WIMCLCR • SrEvrH L. NOCN • JOAN W. SNCLLCR . WILLIAM G BAVMOACRTNER . FORD R. SMITH JOHN E. CLOUGH • BRVCF A. A4QMGTRD?4Q • wAYNC C. PCTERSON Hon TON C. ROSEN /.CTgo N OUQRAWSKI oCL4L R- VC44ftN HICHACI..(• Ll'ANY LORI R HCNAR DAVID F. LLCTE RSON ROGERT L KAUFNAN WK,LIAM .A SAVq-' FICHAC.L MCEARTHV &AftAV Z QRCWSKV GLRY A. GA PJC KATHIRYN K FORGIC ,t W. OrkARHOPE KCVW p. CR!Sp.. .. -- LEC MARQHAIX GOON -r. 4 CLSCLAND G DVFrT INC'HANAN •A rrw "f -*N 4 T.pP•PORATWY MON 1 1 S 1 Iv+OSS+GEORGE HAIGHT. DROWN a DONESTEEL LAW-rERS DONALD S RALPHS CCOROC CHRISTEMSE4 STbVEN•E MOYER DENIS Jt MORIARTY o¢SNCND J. }ANDS JLAAS SOLOMON ZEMAN FRANK KCNDO SERFIELD O&VIC L. JONES TNOMA*,K GHARCHUT MARGUEFITTt. 41SLE BROWN NEIL G. 04a71CCA VICTOR ANOERSOII W MARY ANN MURPHY TED J. DUFFY WILLIAM O. MARTIN. JIL 'WILLIAM E. IRELAND T NowS K MOORE LINDA L. SYRCETER RITA GLINASCKARAN JOANNE 5C.&4 1fART2 OSINOFF DEREK G JON46ON THERESA w MARCNL£YVSKI . TIMOTHY B. BRADFORD .JAMES A. SNALVOY DAVID C. WGOVFRN PAUL K JACOBS WENOY..G. TILLMAN MICHAEL A RE1I54ART CYNTHIA A. ROBINS MARSHA L:PALMER %04mptQ- A. MOORE - ,IkMMIFERK SAUNDERS KCHNRTH 01 ANDERSON ,•IDN K.KASS40V &C11 MANTA MONICA BOULEVARD .,ANTA MONICA. GA 90461 P.O. BOX 600 ZAMTA MONICA. cA 90406 (213) ASS -1000 FAX (211) 393-15451 TELEX 70s837 D MUTTON CENTRE ORIVE. SUITE 900 LSAt4TA ANA. CA 8P707 (7141 754-1100 FAX (714) 7" 08CO OF COUNOEL COWARD L C•OMPTON. JR. IRA E. OILS" moi-iARD F. FUJNKLC N.. ROY F"ME ALBERT K .CRZIG 4H M" S. HERZIG WILLIAM DOW= VOSS JAY F. STOCKIER peONEV 1 MOs; GEROLD C. DUKH (14014943) USI-ISGOI GEORGE C• AYQN CNARLES 14 3MITN 0906.1990) t190B•16*0) March 9, 1992 ANTO..ETtlt M. MARINO BARBeRA A. 1"WNNS USA L. 0GER0 AMOK A. C3TCIAN RoNALr A A%CLA'00 JQNATHAN r- ML11QT MARK S LEZITEN jOOERH A FAR•ICLI, L13R K. 501E GARY V. KWA94IEY+SKI REtTCC A A YJYNN 0AV10 R 60K)ER. JR At ICIA C. TAYLOR STEvNE•I M. CAINE JOHN 6 .IOAC.LUH D JEFFRET 9. MARGULK3 JAY T. TNpMP301V CYNTHIA ft THIpMPSON QQROTMT NL CECCON )_AtR^ K KNOX `JC3M9SY C VOGERT .CNR13L7v'tER R YLAIL TAtRAY L ANDREWS WILUAu.G j0HNs N MICHC F J• QQUGHERTT JORGEK W. WETERRINW. JEFFREY W. OGANE. % J SKE TAMARA E`OUAl3 FWIFES OENLSE.Dti15C011 ZES FRANCOEUR MCL.ANF MARE. STI.SON JAMCE K NKaHTPIGALC Kr_vm S. LACEY VIA FACSIMILE Honorable Mayor and Members of the city Council City of Newport Beach, California .,te: Dal drettenberg Ray and Dorothy Handy Fun zone Boat Co., Inc. P4.._ .. — P _ 02 A!• MARCA7 JOHNItoN WILEY GLIB M Jr HA".SCN Jd41 L. GIQTEM RAL— A. o6rRats DoLm%4 L.'L HiAMHCNO Oct" A- tOtAor OIANC 1: DAR'JL-Y WILLIAn 1*RIQ c" CArLM 00'/:£ GCRFICLO JEFFREY Vk FRO¢T I4OLLY M.. TCEL LE£ K GOL.ORIHIO KATESSA K G+ zr ICQ HAPITI G L.O.4430 pert IA v. OUEVARA . SCOTT L-MGMO£9EIACH ;MrrItEY .:5L O RAROO tLp"AM 2 K OALVAN BRUCE /S OAbwe RONALD 0. sI00FC9 DAVIO Tr -,W HSA: - IZASETHI 1 ILVt'JAV TRACY 1:-W 7KA.O..OuA.N S. CrQkISTI" PTC+VOCN CQLIN A TAWC01 MICMCLLC -L MERMAN THOFLAS '% f4ce-4SI:R (MGIIACL -L S.IH0.1 CART P. rA.AZ&".G FATRtCK Pul"PE O'KeRY .A Tvw- lWSON CAN(TL IIF S. CIVLM IN REPLY REFER TO< SADA ANA Dear LHonorable Mayor and Members of the City Council: I represent the above captioned persons and entity. On the council agenda calendar this evening is "applicatign to transfer commercial harbor activities permit for Fun Zone Boat Co., Inc.'. We sincerely request this matter be continued. Last Thursday, March 5, 1992, my clients were notified ,in a telephone conversation from a representative o_ the City of the pending matter. Therefore, we have hast extremely little time to prepare for the hearing. once again, based upon the time element and lack of notification, we request this matter be continued. MAR— 9-92 MON 11 2 V O S S +GEORGE P_@ 3 Honorable Mayor and Me;&ers of the city Counoil elty of Newport Beach, California March 91 1992 Page 2 1. The Fun Zone Boat Company has offered harbor tours and charters since 1949. The campaity is owned and operated. by = Dal Gr.ttonberg anti his daughter, Aarothy Handy. The .company has Conducted business from docks in the fury zone wharf• arca' for '43. Years. . The Ftin Zone Boat Company operates pursuant to -a Comwarcial Harbor Activities Permit which it obta►ilx� - accordiA4 to city. otdinanoe upon application and payment of ti -e` requisittt fee. The extraordinary importance of this permit is that by virtue of: the c gigl5any I s long standing operations, the Fun Zone. Boat Compapy �raa 1143 akdfatheredn in under Section 17.41.120 attd allowod to cok-tinile its scope of activities without additional provision ' for.1sa.2* ,ng. If the company loses its grandfathered.rights, it will bo fot*cad out of busineas because the company cannot afford to provid.e'tbs' required parking. The Fun Zone Boat Company's lease Will oxpiire on April 30, 1992. The company intended to continue its busie s at the' Fun Zone Marina, approximately fifty feet 'away, %i Or ai tendment to the Fun Zone Boat Company's Commercial U?L , .. Act%Vzties Permit to reflect the change of address. from ; 700 F�gewater to 600 Edgewater. All other terms and ccndi.tiohs associated with the permit will remain the same. 2. on or about February 13, 1992, the CatAlina P40senger Service, Inc. C"Catalina") entered into a lease commencing May 1, 1992 for the promises presently occupied by the Fun Zone. eoa;t Co-apany. Concurrently, Catalina filed an application with the City to transfer the Fun Zone Boat Company's permit to CatAlinA* This; act was done without the knowledge or consent of the Fun Zone Boat Company. Catalina's transfer request received an affirmative recommendation by the Marine Department based upon Ca.t.alina's representations that Catalina was taking over the business of the t Yuri Zane Boat Company, i We respectfully request this -natter be continged to a reasonable time wherein we would be permitted to pre$ent further documentation to the Council. on beh4lf of my clients and nypelf, your cooperation and assistance is greatly appreciated. Very w ours, —�) WILLIAM BRUCE VOSS 030992.Wt3V14-00.Gty-Gotn.ttr i i CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER February 25, 1992 TO: BOB BURNHAM DAVE HARSHBARGER FROM: City Manager SUBJECT: COMMERCIAL HARBOR PERMIT TRANSFER The transfer of the commercial activities permit currently held by the Fun Zone Boat Company was removed from the Council agenda of February 24th for placement on the next agenda of March - 9th. It is my understanding that meetings and/or modifications of the conditions will be conducted to permit this item to be placed on the evening agenda of March 9th. �w N ROBERT L. RLW:kf Agenda Item No. F-16 CITY OF NEWPORT BEACH Marine Department February 24, 1992 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: REQUEST TO TRANSFER COMMERCIAL HARBOR ACTIVITIES PERMIT IN THE NAME OF THE FUN ZONE BOAT COMPANY TO CATALINA PASSENGER SERVICE INCORPORATED AT 700 EDGEWATER, BALBOA Recommendation: If desired, approve the transfer of the existing Commercial Harbor Activities Permit that is now in the name of the Fun Zone Boat Company for the charter vessel operation at 700 Edgewater, Balboa to the Catalina Passenger Service, Incorporated, subject to the following conditions: 1. The applicant's vessels will be berthed at 700 Edgewater, Newport Beach, California and loading and unloading of charter passengers will take place at that location, 2. Loading and unloading of charter passengers from other locations within the harbor will require the applicant to make application for a special events Marine Charter Permit, 3. The maximum number of passengers loaded at the site shall not exceed 396, 4. The vessels will operate 7 days a week, and the hours of. operation shall be the daylight hours and evenings, 5. The routes of travel of the vessels will be in the main navigational channels within Newport Harbor, 6 No merchandise will be sold aboard the vessels, 7. Trash and litter from the charter operations will be disposed of in appropriate receptacles at the Bay Avenue site and sewage will go into the sewage system from vessel pumpout stations at the site, 8. Entertainment aboard the vessels will be limited to narration regarding sights on the bay. The volume of sound must be controlled so it will not be audible for a distance in excess of 50 feet from the vessel and the volume should not be unreasonably loud, raucous, jarring or disturbing, or a nuisance to persons within the range of - audibility. No sound application will be permitted on the vessel later than 10 PM. ` 9. Food or liquor served on the vessels during any charter will comply with all State, County and Federal licensing laws, 10. The permittee will hold the City, the County of orange and ` the orange County Harbor District harmless from andidemnify said agencies against any claims for damages arising out of the existence of this permit. The permittee shall reimburse the City and any of the above named agencies for all attorney fees and other costs which are expended by them in defending any claim, lawsuit or judgment arising out of the activity of the permittee carried on under the authority of said permit, 11. The Marine Director, or City Council, upon approval and review, will have the power to set new conditions or revise existing conditions with regard to this permit, upon a determination that the operations by permittee, in the absence of the new or modified conditions, do adversely impact the health safety or welfare of those who use, enjoy or own property near the waters of Newport Beach, 12. The new permittee may continue the operation to the extent authorized by the current permit and shall not increase or expand activities beyond those authorized by the permit now issued to the Fun Zone Boat Company. Discussion: The request to transfer the Commercial Harbor -Activities Permit is before the City Council as required by Section 17.41.100 of the Newport Beach Municipal Code, which states in part: 17.41.100 "No permit issued pursuant to the provisions of this Chapter shall be transferrable either by assignment, sale, hypothecation, operation of law or otherwise, without permission of the City Council having first been obtained. Applications for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit. In approving the transfer of an existing permit, the City Council may impose such conditions as it may determine are in the public interest." The commercial operation bayward of 700 Edgewater has been in business since 1949 in the name of the Fun Zone Boat Company. The lease for the facility is about to terminate and the Catalina Passenger Service Incorporated is acquiring that lease. As lessee Catalina Passenger Service Incorporated wishes to have the commercial Harbor Activities Permit transferred to them. It is the intent of Catalina Passenger Service to operate the premises in the same manner as permitted under the existing permit. (See attached letter) . Currently the Fun Zone Boat Company operates four vessels from the site with a total passenger capacity of 396. Catalina Passenger Service Incorporated wishes to initially operate two vessels from the site, the Pavilion Queen with a capacity of 150 passengers and the Pavilion Paddy with a capacity of 70 passengers. This makes a total of 220 passengers. It is the intention of Catalina Passenger Service to add additional vessels at the site in the near future to use the additional 165 passenger allotment, bringing it to the total allowed capacity at the site of 396. The operational characteristics of the site will not change with the new operation and the numbers of passengers will not change. Catalina Passenger Service Incorporated has been operating within the City of Newport Beach adjacent to the Fun Zone Boat Company for a number of years, operating charter vessels within the City of Newport Beach, sport fishing vessels outside the harbor and passenger service to Catalina. Tony Melum Deputy Director July 15, 1991 P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Thomas Allen 3200 Bristol Street, Ste 640 Costa Mesa, CA 92626 Re: Commerical Harbor Activities Permit for Fun Zone Boat Company and Pavilion Dear Mr. Allen: I have recently reviewed the Commercial Harbor Activities Permit filed for the Pavilion and found the following: The Pavilion, based on the size of their activities at the time of passage of the most recent pertinent Municipal Code section, is allowed 368 passengers. That breaks down as follows: Western Pride, 119 passengers; the Freelance, 148 passengers; Thunderbird, 44 passengers; California Dawn, 45 passengers; two parasail vessels, 12 passengers. Regarding the Fun Zone Boat Company, they have, as recently as July 18, 1990, filed a Commercial Harbor Activities Permit for their operation and their passenger capacity was fixed at 396 passengers, which breaks down as follows: Tiki, 150 passengers; Belle, 64 passengers; Queen, 100; Showboat, 82. On the application for the CHAP which they filed, Fun Zone Boat indicated that the types of activities permitted on their vessels were narrated tours and private charters. It would be the position of the Marine Department thatifthis operation changed owners, it is possible that the new operation would be able to continue at the same passenger capacity, based on those types of activity. If there was a significant shift in the kind of activity the business anticipated, the permit would need to be reviewed by the Marine Department, and possibly the City Council and Planning Commission. If you have questions regarding the above please call me at 644- 3044. Sincerely, Tony Melum Tidelands Administrator 3300 Newport Boulevard, Newport Beach �yEW POST a C OF PBEACH V - ? P.O. BOX 1768, NEWPORT BEACH CA 92659-1768 c �P October 22, 1990 Dal Grettenberg P.O. Box 5590 Fun Zone Boat Co. 700 Edgewater Balboa, California 92661 Re: Commercial Harbor Activities Permit/Fun Zone Boat Co. Dear Mr. Grettenberg: As required by Chapter 17.41 of the Newport Beach Municipal Code, the Newport Beach Marine Department is issuing a Commercial Harbor Activities Permit to The Fun Zone Boat Company for a harbor tours, subject to the following conditions: 1. The vessels will be berthed at 700 Edgewater, Newport Beach, CA; loading and unloading of charter passengers will take place at that location. 2. The loading and unloading of charter passengers that will take place at various locations within the harbor, and at private residences owned by individuals chartering one or more of the Fun Zone boats, must must be accompanied by a separate Marine Charter Permit for each charter not boarding at 700 Edgewatwer. 3. The maximum number of passengers and crew involved in the Commercial Harbor Activities permit shall be Tiki (150),Belle (60), Queen (95), Showboat (80). 4. The vessel will operate seven days a week and the hours of operation shall be the daylight hours and evenings as needed. 3300 Newport Boulevard, Newport Beach 5. The routes of travel of the vessel shall be in the main navigational channels within Newport Harbor, for double decker vessels and all navigational channels for single deck boats. 6. No merchandise will be sold on board the vessels. 7. Trash and litter from the charter operation shall be disposed of in appropriate receptacles at the Bay Avenue Trash Area and sewage into the city system via the vessel waste pump on site. 8. Entertainment on board the vessels shall be limited to narration regarding the sites on the bay, unless chartered by a private party. The volume of sound shall be controlled so that it will not be audible for a distance in excess of 50 feet from the hull and the volume is not un -reasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of audibility. No sound amplification will be operated on the vessel later than 10 P.M. 9. Food and liquor served on board the vessel during any charter will comply with all Federal, State and County licensing laws. 10. The permittee shall hold the City, the County of Orange and the Orange County Harbor District harm -less from and indemnify said agencies against, any claims for damages arising out of the exercise of this permit. In addition, the permittee shall reimburse the City and other above named agencies for all attorney's fees and other costs which are expended by them in defending any claim, lawsuit or judgment arising out of the activity oif the permittee carried on under the authority of such permit. 11. The Marine Director or City Council, on approval or review, shall have the power to impose new conditions or modify existing conditions with regard to this permit upon a determination that the operations by permittee in the absence of the new or modified conditions, does adversely impact the health, safety or welfaree of those who use, enjoy or own property near the waters of Newport Beach. THIS PERMIT IS NOT VALID UNTIL SIGNED BY THE MARINE DIRECTOR. Your attention is particularly invited to the above conditions. All copies shall be signed by the permittee or his authorized agent, and dated. The signer(s) name and title, if any, must be typed below the signature. All copies should be returned to the Marine Department office. The permit will then be validated and one copy returned to the permittee. Date Date For the Marine Department Date SEW PO ® CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 c�c�FORN`P MARINE DEPARTMENT Telephone 644-3044 COMMERCIAL HARBOR PERMIT APPLICATION Filing Fee $365.00 Business Name:Fun Zone Boat Co. Inc. Business Mailing Address 700 Edgewater, City and Zip Balboa Ca. 92661 Address of Business Same Business Telephone 673-0240 If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: 1. Dal Grettenberg 824 W. 15th St. #42 Newport Beach 673-0240 2. Dorothy Taylor 44 Whitewater Dr. CDM 92625 720-0274 3. Give name, address and telephone number of the person, or persons, who will have general management responsibility for applicant business: Dorothy and Dal Grettenberg Please give a complete description of the proposed method of operation of vessel, watercraft and/or other facilities, including, but not limited to: 1. Location where vessel will be permanently berthed 700 Edgewater, Balboa, Ca. 92661 2. Location where passengers will be loaded and unloaded Same 3300 Newport Boulevard, Newport Beach 3. Maximum number of passengers carried (include crew)Tiki (150), Belle (60), Queen (95), Showboat (80). Queen and Showboat are used as the boats for daily tours. 4. Location where required parking for passengers, employees and crew will be provided: Passengers will use Municipal parking lot. Crew will use company lot. 5. Days business will operate: 7 days per week. 6. Hours of operation: Daylight hours and evening charters. Amplified sound shall cease at 10:00 p.m. 7. Routes of Travel: Double decker in the main channels and single deck boats *in Newport Bay and around the bell buoy at the entrance to bay. 8. Types of activities permitted on board: narrated tours and private charters. 9. Types of merchandise to be sold none 10. Is Coast Guard certification required?yes If not, why not? 11. Type and amount of liability insurance carried for this operation: $1,000,000. Carrier: Agent: Sportfishers Marine Insurance,(michelle) 12. Other pertinent information:We have been in operation since 1949, 41 years. 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation: Bay ave trash area for trash and litter from boats and use of our vessel waste pump for sewage. 14. Describe the type of entertainment which the applicant proposes, if any: Only that provide by the private parties. PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FO PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the foregoing is true and correct: Date 7-18-90 Signature: Telephone 673-0240 44 Whitewater, CDM 92625 Residence address TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION: Chief of Police Orange County Harbor District Other Approved/Denied by Marine Department (and Date) C TO: FROM: SUBJ: INTRODUCTION• CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM March 4, 1992 Mayor and Members of the City Council Robert H. Burnham, City Attorney Tony Melum, Deputy Marine Director Application to Transfer Commercial Harbor Activities Permit for Fun Zone Boat Company,.Inc. Catalina Passenger Services, Inc. ("Catalina") has applied for a transfer of the commercial harbor activities permit currently in the name of Fun Zone Boat Company, Inc. ("Fun Zone"). The application for transfer is based upon Catalina's lease of the property at 700/705 Edgewater which is the upland headquarters of the Fun Zone. Fun Zone's lease of the property expires on April 30, 1992. Catalina takes the position that the permit issued to Fun Zone is based upon the ownership or lease of the property at 700/705 Edgewater and should be transferred to them when their lease of the upland becomes effective. Fun Zone contends the permit was issued to Dal Grettenberg, is personal in nature, and cannot be transferred absent the permittee's consent. All parties .agree that transferability is governed by the provisions of our c_ode__ relative., to _ -per. __permits_. _ and ..commercial harbor. -activities ... Staff believes the intent of the ordinance was to grandfather an existing operation at the then current activity levels and location. This conclusion is based upon the intent of the Council in amending the ordinance, language in related sections of the Municipal Code, conditions to the permit issued to Fun Zone, and the law relative to non -conforming rights. However, staff believes the most logical construction of the ordinance authorizes transfer only if the applicant satisfies the criteria for "an original permit." ORDINANCE HISTORY: A. Ordinance No. 13-45. Ordinance No. 13-45 was the original commercial harbor activities permit ordinance. The ordinance had its genesis in an application filed by the Pavilion for permission to operate a harbor sight-seeing vessel that would serve food and alcoholic beverages to passengers. The Mayor & Councilmembers March 4, 1992 Page 2. Planning Commission determined that a use permit was in appropriate and referred the matter to the Council. After a series of meetings, the Council adopted the ordinance in July, 1970. The original ordinance differed from the current version in a number of respects. For example, the ordinance exempted commercial fishing or private vessels chartered primarily for use outside of the harbor. The ordinance did not mention traffic or parking considerations. B. Ordinance No. 17-59. Ordinance No. 17-59 was enacted in March, 1978. The'%revisions were prompted by complaints Vof noise emanating from vessels in the harbor --among them the Tiki operated by Fun Zone. Staff concluded the then current ordinance did not adequately control sight-seeing vessels and commercial use of permanently moored vessels because of problems relating to "necessary land sight amenities such as parking..." The Council eliminated exemptions for commercial activities operating from fixed locations and required non - permitted operators to apply for a permit within 90 days. According to Marine Department records, Fun Zone did not apply for a permit. C. Ordinance No. 84-29.. The most recent amendments to the commercial harbor activities permit ordinance were prompted by "numerous complaints... regarding significant increases in the number of tour vessels" resulting in "noise at night, disturbances...unsafe loading and unloading of passengers... increased harbor traffic ... and vehicle parking." The Tideland Affairs Committee met with staff to discuss- ... --- - changes -,to- the -ordinance -that could- aolve--these problems-:. -The - - Committee developed a list of criteria the Marine Department should consider in deciding whether to grant permits under the ordinance. These..criteria included a vehicle parking plan, noise controls, and a fixed base of operation. In adopting the ordinance recommended by the Tideland Affairs Committee, the Council found: "A. There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach; and B. This commercial activity has created an additional demand for available parking and created traffic congestion in and around the waterfront; and C. On occasion this commercial activity has created an unreasonable level of noise which has interfered with the right of persons who own property on or near Newport Bay to the peaceful enjoyment of their property." Mayor & Councilmembers March 4, 1992 Page 3. The revised ordinance drastically limited the type of exempt activity, established criteria for the issuance of a permit including the provision of "facilities to insure adequate parking,. safe vehicular ingress and egress and the safe loading and unloading of passengers and supplies." (Section. 1741.060). The 1984 amendments did not- amend long-standing provisions governing the transfer of permits, but did authorize: "the commercial activities of those holding permits issued prior to the effective date of this ordinance ... to the extent authorized by permit or prior. ordinance..." Again, those conducting commercial harbor activities without a permit on the effective date of this ordinance were required to apply within -90 days. The Fun Zone did not apply for a permit until 1990. DISCUSSION• A. The history of the commercial harbor activities permit ordinance suggests two things. First, there has been a consistent increase in the type and nature of commercial harbor activities and a concurrent increase in noise, traffic congestion, and parking problems. Second, the Council has imposed more and more controls on those activities in an effort to solve the problems. The --ordinance-- does_. not, by its.. terms, . describ.e:__ Fun _Zone.' s permit as - -personal to -the -operator or, as pertinent to the -upland --property. - For a variety of reasons, staff believes the most appropriate construction is that the permit is site specific and requires some right to possession of the abutting upland property. Commercial harbor activities permits have traditionally been issued to entities owning or having a leasehold interest in, the upland property abutting the water -side operation. The Code specifically provides that commercial pier permits can be issued only to the owner or long term lessee of abutting upland property and the right to maintain water side facilities is contingent upon that property interest. The Marine Department requires the new permittee to bring non -conforming structures into compliance with the Code. The criteria for issuing a new commercial .harbor activities permit focus on land -side facilities. The 1978 and 1984 amendments evidence the Council's desire to insure adequate land - side facilities for passengers. Mayor & Councilmembers March 4, 1992 Page 4. The commercial harbor activities permit issued to Fun Zone is site specific. Fun Zone is authorized to conduct operations only at 700 Edgewater (see copy of permit --Exhibit "A"). The permit was made site specific because of the importance of land -side support facilities and a desire to limit the extent to which operations that do not provide parking are grandfathered Recent amendments to the ordinance attempt to impose land use type controls on commercial harbor activities. By analogy, non- cdhforming rights in the context of land use law run with the land and are not personal to the individual who owns the property when it becomes non -conforming. B. Transferability. While staff believes the permit is tied to the upland property, we do not believe the permit is automatically transferable to Catalina. The ordinance contains relatively strict restrictions on the transferability of permits. According to Section 1741.100: "Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit." (Emphasis added.) Staff believes this section is best construed to require the transferee to satisfy the criteria for issuance of a new permit, such as the provision of parking. A conservative approach to transferability is consistent with the intent of the ordinance that ---operators of commercial harbor activities -provide for,the needs of their customers in the same manner as other businesses. The Council is aware that, in 1984, none of the permittees provided code -required parking for their passengers and their failure to do so was contributing to traffic congestion and a shortage of available parking on streets and in municipal lots near the harbor. The section on transfer could be construed to authorize transfer on the same terms as the original "grandfathered" permit and such other conditions as the Council considers necessary to protect the interests of the people who work and reside in the area. Since there is the potential for litigation in the event the transfer is approved, staff is suggesting the imposition of those conditions described in the original permit (Exhibit "A") as well as the following conditions: Mayor & Councilmembers March 4, 1992 Page 5. 12. The transferee shall not increase or expand activities beyond those specified in the original permit. 13. The permit shall not become effective until the transferee takes possession of the property at 700/705 Edgewater. 14. The transferee shall defend, indemnify and hold the City, and its officers and employees harmless from any loss, claim, damage or litigation that is in any way, related to the transfer of this permit. In the event of litigation arising out of the transfer of this permit, City shall have the right to retain counsel of its choice and transferee shall reimburse City for all fees and litigation costs reasonably incurred in the defense of the lawsuit. 15. The permit issued to transferee shall terminate in the event of a final order of a court of competent jurisdiction that the permit issued to Fun Zone is personal to the operator and cannot be transferred without the operator's consent, or that the City is required to amend the permit issued to Fun Zone and allow Fun Zone to engage in commercial harbor activities at any location in Newport Harbor other than 700/705 Edgewater. Catalina, Fun Zone and the property owner were notified that this matter would be on the Council Agenda for March 9, 1992. Each interested party was advised that comments received prior to close of business on Tuesday, March 3, 1992 would be included with this staff -report. We have received letters from Catalina and Fun Zone and that correspondence is attached as Exhibits "B" and "C." We have also attached copies of material submitted to the Council in conjunction with the 1978 and 1984 amendments to the ordinance (Exhibit "D"). Finally, Fun Zone's comments include an application to "amend" their commercial harbor permit to allow them to move to a different location. This application was received after the Agenda was prepared and, we assume no notice was given to the other interested parties. Accordingly, the application of Fun Zone is attached for information only and no action is appropriate at this time. CONCLUSION• (1) Staff recommends the Council deny the application for transfer. (2) In the event the Council wishes to approve the application, the approval should be subject to the existing conditions specified in this Memo. (3) In the alternative, the Council may want to continue this matter for further study. . Tony lum Debut Marine Director Robert H. Bur City Attorney RHB:kmc Attachments fumn.mem CITY of NEWPORT BEACH TO L.B. oCE mZ ci 3 NE PIER yl,P SITE p PA CjBAY ( Llr/ C PIE --r ULKHeAD /� O NO PREMIN6 CEA /f, � O q 2 IML ��/ SCALE IN MILES PROFILE O VICINITY MAP -SCvALE; 1,4AFT� .NE`WPORT HARBOR, CALIFORNIA N E W P O R T B A Y ' - - EXI5TIN612"G,I, WALINA ltc5._:PRaJECT' LINE 5XINING =p 1 _ LANDING 11 L.PI —;-- J ----------- ! mil (y!OCKSnDOCK REVISION� D i 1 i �-� -! 2�'-0" b°' 22V 25'-d' _ -FsaSTING B LKHEAD_ . �W 1 2 3 4 5 6 W dv+ 3533: ._-1.. _3533 3v 33... . _. 3533 .._ .__ _35.33- i— 3,r•33..__ 13N -9A-Y51 DE TRACT - BLOCK S7 t o io ao u ao so Sao SCALE ; 1 : 50 FTs - -- • • •- • w I• r+ SYS or6.&;6;^.rwN Gunk, Klw=i ING, T R A C T: SAYSIDS . BLOCK: S-7 L O T I-6 O B ADDRESS ,Goo a,13AY ' RI �i4Y 1�,4RINe _ _ aALBa�i CALIFoRNrA 92�r CONTRACTOR GotiMucn*4cc,D A T E; 6/30/e4 Balboa Fun Zone Rides, Inc. 600 E. Bay `R Balboa, Ca 92661' ,June 23, 1991 Tony Mellon City of Newport Beach. Attention: Marine Department Bear Tony; After a great deal of discussion over the years we believe a solution to the problem exists for making the Fun Zone Marina a viable economic benefit to the City and to our operation- As you are aware the access to the marina is one gate and two small ramps from the pier to the docks. I believe that you agree and we feet, that it necessary to create another access to the marina in order tor make it practical and functional for our operation. We fully support the plans proposed to the City regarding the Fun Zone Boat Company. There is a need to have the ticket office as planned and proposed for this operation to be successful. Also, the reconfiguration of the dock plus the six foot wide ramp required for handicapped,, is essentialand necessary under the new federal and; state lags. We are asking the City to make- all effort to cause this plan to be adopted. It. is essential that we build this area to be successful to the operator and to the City.. We are desirous of our long terra: objectives being -fulfilled to all of us. The operation is basic and foundational to the establishment of the long term objectives of all involved. Both of us have for many years enjoyed our business, and: personat relationships with the owners and operators of the Fun Zone Boat Company. They will. be the operators of the new lease in this Marina; and,, as such, l would ,like to appoint J. R. Handy as our authorized representative. We need your immediate support in finalizing the plans,, please assist us Your anticipated cooperation and assistance is greatly appreciated' OnCeL. again, thanks for helping us create a better business climate for the City and better location for the- visitors to our historical Fun Zone.. Very truly yours-, Charles Tunstall, President CITY OF NEWPORT BEACH Marine Department July 14, 1994 TO: TIDELAND AFFAIRS COMMITTEE FILE FROM: Marine Department SUBJECT: MEETING OF 7/14/94 REGARDING APPLICATION BY THE FUN ZONE BOAT COMPANY A Tideland Affairs meeting was adje r-ned on July 14, 1994, at 9:45 a.m. in the City Attorney's Office. In attendance were the following: Rush Hill, Mr. Voss, Attorney for the applicant Ray Handy, Councilwoman Hart and Councilwoman DeBay, Joe Tunstall, co-owner of the Fun Zone, Steve Barrett, Contractor, Ray Handy, applicant, Ben Nolan, Public Works Department, David Harshbarger, Marine Department and Tony Melum, Marine Department. Rush Hill was the first person to address the group, as he had to leave for another meeting. He indicated that he was there at the request of the Mayor, as a member of the Economic Development Committee, to encourage staff to do whatever it could to assist the applicant in going forward with his project as a result of lean economic times and the City's need to assist wherever possible to make business more viable within the City. Melum then gave the group a overall report of the current status of the situation, the fact that the applicant had made an application to the Marine Department, and that the Marine Department was making a recommendation for denial of the application based on the following two points: 1. The Harbor Permit Policies do not allow an office building out over state tidelands. 2. The design of the marina required the tandem berthing of vessels and this is in violation of the Uniform Fire Code. Ben Nolan from the Public Works Department indicated the reservations that his department had were that the building was going to encroach into the easement and that if it didn't encroach into the easement, and was strictly over state tidelands, they would still have the same reservations regarding the views and the pedestrian traffic in that particular area. The applicant, Mr. Handy, then indicated the scenario in which his business was moving from its current location to the new location and the needs of his particular business relative to the business in the docks. There was some discussions back and forth between the Tideland Affairs Committee and staff and the applicant, with specific questions on specific items in regards to the application. After a lengthy discussion, the Tideland Affairs Committee felt that it would be important to meet on the site to have a clearer understanding of what the situation was and then, possibly, after that meeting, there might be grounds for some kind of a recommendation. The meeting was scheduled for Wednesday, July 20, 1994, at 11:00 a.m. at the Fun Zone, and all members at this meeting indicated they would be able to attend except for Joe Tunstall. Tony Melum Deputy Director CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM April 22, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Catalina Passenger Service; Fun Zone Boat Company; Applications to Transfer or Amend Commercial Harbor Activities Permit This Memo is the last in a series of reports to the City Council regarding two applications to transfer commercial harbor activities permits. Catalina Passenger Service, Inc. ("Catalina") submitted an application to transfer a permit issued to Fun Zone Boat Company upon expiration of the latter's lease of the property at 700/705 Edgewater. The Fun Zone has submitted an application to transfer their operations to the docks bayward of the Fun Zone. Fun Zone's operations are limited to harbor site -seeing cruises utilizing vessels capable of carrying a total of 396 passengers. Catalina conducts harbor cruises using two vessels with a total passenger count of 315. Fun Zone and Catalina have tentatively agreed on a division of the "grandfather rights" under the Fun Zone permit. The agreement would transfer 65 passengers to Catalina with Fun Zone relocating to 600 Edgewater. This agreement is contingent upon Council approval of revised commercial harbor activities permits for both Catalina and Fun Zone. Staff recommends Council approval of these permits, subject to conditions which insure no additional traffic or parking impacts will result from the revised operations. We are in the process of discussing the terms and conditions to each permit with the respective operator and will distribute the new permits to the Council prior to the April 27, 1992 meeting. Robert H. Burnham City Attorney RHB:kmc catfunz.mem CITY OF NEWPORT BEACH I-1 OFFICE OF THE CITY ATTORNEY MEMORANDUM March 18, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney Tony Melum, Deputy Marine Director SUBJ: Catalina Passenger Service Application to Transfer Commercial Harbor Activities Permit The Deputy Marine Director and I are recommending the City Council continue the Catalina Passenger Service Application for transfer of the Commercial Harbor Activities Permit issued to Fun Zone Boat Company, Inc. The reasons for this recommendation are as follows: 1. City staff, Catalina Passenger Service, Fun Zone Boat Company and the property owner met on March 12, 1992 to discuss the application to transfer and other relevant issues. While the meeting did not produce agreement amongst the parties, some progress was made towards resolution of the dispute. We believe the parties may need additional time to evaluate various options. 2. Staff has not completed their evaluation of the Fun Zone's application to "amend" the Commercial Harbor Activities Permit issued for their operation at 700 Edgewater. We believe the Council should act on both applications since a decision on one may be dispositive of the other. Staff will have completed their evaluation prior to the ist meeting in April. 3. Staff believes there are additional issues relevant to each application that require further analysis. For example, the original report assumed there were grandfathered rights pursuant to the 1984 Ordinance. We are in the process of re- examining that assumption and will provide additional information to the Council in conjunction with recommendations on the other two applications. RECOMMENDATION• It is recommended that the City Council continue the Catalina Passenger Service, Inc. application to transfer the Commercial Harbor Activities Permit to April 13, 1992. (L3 l �-- Tony elum, Robert H. Burnham Deputy Marine Director City Attorney CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM March 11, 1992 TO: Tom Allen Bruce Voss Tom Westrum FROM: Robert H. Burnham SUBJ: Catalina Passenger Services Application for Transfer of Commercial Harbor Activities Permit . This Memo will confirm a meeting at 2:00 p.m. on March 12, 1992 to discuss Catalina Passenger Services' Application to Transfer Commercial Harbor Activities Permit to the Fun Zone Boat Company. We strongly encourage the property owner to retain legal counsel since City Council action on the application could have a bearing on future use of the property at 700/705 Edgewater. We consider this meeting to be an attempt to resolve disputed claims and assume that each party is willing to commit that the discussions will be conducted pursuant to Section 1154 of the Evidence Code. Obert H. Burnham City Attorney EIVED FAR 13 1992 CLERK cir? OF HM-eGRT BEWM Newport Beach 'City Council Newport Beach, California Gentlemen, March 11, 1992 I greatly regretted to hear that' the Council is thinking of refusing the Fun Zone Boat Company its lease renewal. Dal Grettenbevqand his daughter Dorothy and the company are landmarks and part of the heritage of Newport Beach. They provide a tremendous community service. Two generations of school children have thrilled to see the harbor from these excursion boats. And, the Belle and the Queen are the only two excursion boats which go under the bridges, viewing much more of the bay. I worked for Dal and his great Fun Zone Boat Company for 25 summers and saw first hand the appreciation of thousands of visitors who brought tens of thousands of dollars into Newport businesses. You would be amazed at the numbers of happy people who came back again and again. These excursion boats have often come to the aid of small boats. I remember dozens of occasions when I towed-amall, sailboats back into the harbor on the last trip of the day. Please consider the many values in having the Fun Zone Boat Company continue its operations. VI I ME@ 3 WM Sincerely Mason Roe 101 Claridge Ct. #8 Princeton, NJ 08540 609-520-9334 Data left a agpff - V";ia�t o puwrney V air. & p�aj�niog Dif pj=ljice Chief her Agenda Item No. 37 CITY OF NEWPORT BEACH Marine Department July 28, 1994 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 112-600 BY FUN ZONE BOAT COMPANY FOR A REVISION TO THE DOCKS BAYWARD OF 600 EAST BAY AVENUE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the plans and specifications by the Public Works Department. 2. Approval of any electrical and plumbing construction by the City of Newport Beach Building Department. 3. Review and approval of the dock configuration requiring tandem berthing of vessels by the City of Newport Beach Fire Department, and also approval of the fire suppression equipment on the docks. 4. The relocation of the existing public pumpout station to a site approved by the Marine Department. 5. Approval of a vessel pumpout system as required by Section 17.30 of the Newport Municipal Code for service of the tour vessels on the docks adjacent to the tour vessels by the Marine Department. Discussion: This application is before the City Council as required by section 5.C.3 of the Harbor Permit Policies which states: 5. "ISSUING OF PERMITS - C. Prior approval of the City Council will also be required before issuing a permit for shore - connected structures when: 3. The upland abutting property is zoned commercial". The applicant wishes to revise the docks bayward of 600 East Bay Avenue to accommodate their charter boat operation, which is currently located at 705 East Edgewater, under the name of the Fun Zone Boat Company. The revision will allow them to side tie 4 Page 2 vessels at the westerly side of the marina, adjacent to the Balboa Island ferry. The current design submitted by the applicant indicates that the 4 vessels will be tandem berthed, one in front of the other, and this manner of berthing requires a review by the Fire Department to ascertain its conformance with the uniform fire code. Tony Melum Deputy Director TO: FROM: S U BJ ECT: August 8, 1994 CITY COUNCIL AGENDA ITEM NO.____37_____ Mayor and Members of the City Council Public Works Department PROPOSED TICKET BOOTH AND OFFICE BUILDING IN THE PUBLIC ACCESS EASEMENT IN FRONT OF THE FUN ZONE OWNER: Fun Zone Boat Company RECOMMENDATIONS: Deny the application as submitted,. or If it is desired to approve a temporary ticket booth in the public pedestrian access area, require that an encroachment agreement be executed with appropriate conditions that would allow a relocatable ticket booth with no more than 64 square feet of area. DISCUSSION: The Fun Zone Boat Companydesires to move its tour boat operation from its present location, between Washington Street and the Island Holiday facility next to the Pavilion, to a new location next to the ferry landing. They are proposing to construct a ticket booth and office building in the public pedestrian access area in front of the Fun Zone development. The ticket booth and office building is proposed to be 14 feet in length and 10 feet wide; and would be placed adjacent to the bulkhead, eight feet from the Ferris wheel enclosure. This proposal would require the removal or relocation of two bike racks, a street light, a palm tree and a table. Their current ticket booth and office is on private property. The boardwalk along Edgewater Place has always been quasi public. Before 1967, Edgewater Place was a sand beach used by the general public. In 1967, a bulkhead was constructed along Edgewater Place with a sandy general use area adjacent to the bulkhead for the public's enjoyment. At that time a 12 foot wide pedestrian travel and utility easement along the bulkhead was granted to the City. In 1984 an additional 23 foot wide pedestrian access easement was dedicated in conjunction with the current Fun Zone development, and the Edgewater Place boardwalk and view area was constructed. The development was required to maintain a 15 foot minimum width walkway adjacent to the Fun Zone and a 20 foot wide passive use area located adjacent to the bulkhead. The passive use area contains tables, SUBJECT: PROPOSED TICKET BOOTH AND OFFICE BUILDING IN THE PUBLIC ACCESS EASEMENT IN FRONT OF THE FUN ZONE August 8, 1994 Page 2 benches, palm trees, street lights, bike racks, trash receptacles and is bordered at the bay with an open fence along the bulkhead. The area is heavily used by visitors to the area to pause and enjoy the view of the bay. The only major private encroachment within the Edgewater Place boardwalk adjacent to the Fun Zone is the Ferris Wheel and its accompanying ticket booth (4.4 ft. x 6.4 ft. = 28 sq. ft.). This encroachment was permitted by the City because the Fun Zone developer did not have an on-site location for the Ferris Wheel, and the City wanted to maintain the Ferris Wheel as a landmark for the Fun Zone Area. The General Plan allows a 0.5 FAR for buildings in this area. The present Fun Zone structure has a 0.58 FAR when counting the 23 foot wide public access easement area and a 0.80 FAR if the public access easement area is not counted. Since part of the underground structure is in the public access easement, the easement area was included in the FAR calculation. The Planning Department has indicated that any additional permanent building square footage on the site would require a General Plan amendment and a zone change amendment establishing a specific floor area in excess of 0.5 FAR. The construction of the proposed 14' x 10' structure in the public easement area will cause several publicly used facilities to be removed or relocated and lessen the area available to the public. It will also obstruct a portion of the view that the public has of the bay, Balboa Island and passing boats. The provision for office space in the proposed building causes the building to be a larger and more permanent looking structure. The staff considers this to be an increase in building area on the site, and therefore it will be inconsistent with the General Plan and the Zoning Code. Because of the loss of public area and view and because of the inconsistency with the General Plan, it is recommended that the ticket booth and office construction proposal be denied. If the City Council determines that it is in the public interest to provide space in the public easement area to sell tickets for rides on the Fun Zone Boat Company boats, it is recommended that a smaller non -permanent ticket booth be allowed subject to conditions to be fulfilled by the applicant. The following conditions are suggested: 1. That the building have no more than 64 sq.ft. and be relocatable. 2. That the upper portion of the building have as much clear glass area as is structurally feasible. 3. That the building be placed as near to the Ferris wheel enclosure as is practical to provide convenient access to both uses. SUBJECT: PROPOSED TICKET BOOTH AND OFFICE BUILDING IN THE PUBLIC ACCESS EASEMENT IN FRONT OF THE FUN ZONE August 8, 1994 Page 3 4. That an encroachment agreement be executed and recorded with the Orange County Recorders Office, which will provide for these conditions and the other normal conditions that are attached to private uses in public easement areas. 5. That an Encroachment Permit issued by the Publics Works Department is required for the work done in the Public Access easement area. 6. That any public facility disturbed by the proposed use be replaced in a location acceptable to the Public Works and Planning Departments, unless it is determined that there is insufficient room for the relocation. 7. That all construction to accomplish the project be done on week days and after. September 15, 1994. No construction work will ,be allowed during the. week before or after Easter or during the summer between June 15th and September 15th. 8. ' That an appropriate in policy be provided which insures that the City is protected from any liability related to the proposed private use of the public easement area. 9. That there be no loud speaker recorded or live messages used to advertise the use. 10. That the City can rescind the agreement at any time, for any reason and ask that the ticket booth be removed from the public easement area. Unless it is an emergency situation, a 30 day notice will be given. 11. That a Harbor Permit be obtained for any use and/or work on the bay side of the bulkhead. Another item the City Council may want to consider is whether or not a fee should be charged for allowing a private revenue producing use to utilize the public access easement. An exhibit is attached for reference. Benjamin B. Nolan Public Works Director • PALM ..STREET 1 ' ------ .• ,,��—� ';p--�r�-'�`"-.-sem"" -- - rn y X 0.4 ytA rn rn U " i•. I � s y � r� -R.� per_ S Ul>r �.. :m Ips ' I ' O m Otz M- " rn a ) f 9Ctzn o< d� I O d' a H \ P S > n ���_ . 'f ifi -p 01-0 L - I 0 7"P m C.I. WASHINGTON STREET_ h a z � M t�7 H •. 'o 29 00' [Z 3- � 0 p 5x� nye O ' t 0.4 W ym w jab R� �F +v X Al H mF g LA m m 1" n N -•I CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Meg Vaughn Coast Program Analyst Coastal Commission P.O. Box 1450 Long Beach, 90801-1450 (714)644-3131 October 31, 1994 RE: Fun Zone Boat Company Dear Ms. Vaughn: ��6r�od�gDl Nov 11994 CALIFORNIA COASTAL COMMISSION SOUTH COAST DISTRICT The purpose of this letter is to provide some additional background into the reasoning of the Newport Beach City Council when it approved an encroachment agreement authorizing Fun Zone Boat Company to construct a ticket booth in a public access area adjacent to the Ferris Wheel. You have toured the location and discussed the matter with staff and the applicants so I am certain you are familiar with the location and the issues related to view and access. However, I am not certain you are familiar with the City's long term policy opposing construction of any commercial facility bayward of the bulk head anywhere in the lower bay. I have enclosed a copy of the findings adopted by the City Council in conjunction with the approval of the encroachment permit and ticket booth. The Fun Zone Boat Company is one of two businesses that provide low cost harbor cruises and excursions available to all members of the general public on an open ticket basis. These cruises and excursions give the public a unique perspective on the history and ecology of the lower bay - a service they have provided for almost fifty years. The Council recognized that this type of operation, to be successful and provide maximum service to all members of the general -public needs to be visible to its customers. Everyone agrees that the Coastal Act and the City's LCP encourages this type of operation - the only real question was the best location for the ticket booth. City staff and the City Council evaluated the pros and cons of a ticket booth on the public easement upland from the bulk head and a ticket booth cantilevered over the bulk head and State tidelands. The disadvantages of a ticket booth constructed over State tidelands far outweigh the disadvantages of the same facility constructed on the public easement. The City Council has long opposed the construction of any commercial or residential building .r_ tate tidelands. The precedent setting effect of any such 3300 Newport Boulevard, Newport each decision can be devastating to public views throughout the lower bay. The construction of a cantilevered ticket booth could involve installation of pilings or caissons into tidelands — something that City and Commission staff have routinely opposed. Finally, a ticket booth constructed over tidelands will impact public views in approximately the same manner as constructing the facility on the public easement and would render the public area much less desirable. On balance, the City Council and City staff believe there is only one viable alternative - the construction of a ticket booth within the public easement. This office prepared fact specific findings for Council approval because they were concerned about this project constituting some sort of precedent. I can assure you that the approval of this encroachment agreement could not be used as a legal or moral precedent by any other applicant seeking approval for the construction of a temporary facility on public property. The City of Newport Beach has always worked closely with Commission staff in resolving disputes relative to private use of public easements (such as the solution we reached relative to West Newport. Oceanfront encroachments) and we hope your recommendation to the Commission is consistent with the City Council's decision. Very truly yours, Ro ert H. Burn m RHB ; g7 b City Attorney CCMV. let )-Z ------------ $. STATE OF CAEIPORWIA—THE RESOURCES AGENCY UTE WILSON Governor 1/30_, CALIFORNIA COASTAL COMMISSION Filed: 10/14/94 SOUTH COAST4 AREAy 49th Day: 12/2/94 245 W. BROADWAY, STE. 380 180th Day: 4/12/95 .K® P.O. BOX 1450 Staff: MV -LB LONG BEACH, CA 90802-4416 Staff Report: 11/3/94 (370) 590-50:1 Hearing Date: 11/15-18/94 Commission Action: STAFF REPORT: PERMIT AMENDMENT APPLICATION NO.: 5-82-593 A2 APPLICANT: Balboa Fun Zone Rides, Inc. AGENT: Steve Barrett, Bay.Marine Construction, Inc. PROJECT LOCATION: 600 East Bay, Balboa (Newport Beach), Orange County DESCRIPTION OF PROJECT PREVIOUSLY APPROVED: Demolition of all existing structures of the "Fun Zone" and construction of a 48,603 square foot, 3 -story mixed commercial use development with 2 levels of subterranean garage for 193 parking spaces. DESCRIPTION OF FIRST AMENDMENT: Reduction in the intensity of previously approved project resulting in an 18,519 square foot, 26 foot high, one story over 57 space, single level semi -subterranean parking area, visitor serving and retail use structure. DESCRIPTION OF PROPOSED AMENDMENT: Construction of 10 x 14 foot, 10 foot high, single story ticket sales and passenger safety control station and revisions to an existing marina to allow operation of harbor tour boat rides. LOCAL APPROVALS RECEIVED: Approval in Concept No. 1599-94, City of Newport Beach; Harbor Permit No. 112-600 Encroachment Agreement dated 9726/94, City of Newport Beach. SUBSTANTIVE FILE DOCUMENTS: Coastal Development Permit 5-82-593 (JBS Development); Coastal Development Permit Amendment 5-82-593A (Yavar Industries); City of Newport Beach certified Land Use Plan. SUMMARY OF STAFF RECOMMENDATION: The staff recommends that the Commission determine that the proposed development with the proposed amendment, subject to the conditions below, is consistent with the requirements of the Coastal Act. 5-82-593 A2 Page 2 r PROCEDURAL NOTE: The Commission's regulations provide for referral of permit amendment requests to the Commission if: 1) The Executive Director determines that the proposed amendment is a material change, 2) Objection is made to the Executive Director's determination of immateriality, or 3) the proposed amendment affects conditions required for the purpose of protecting a coastal resource or coastal access. If the applicant or objector so requests, the Commission shall make an independent determination as to whether the proposed amendment is material. 14 Cal. Admin. Code 13166. STAFF RECOMMENDATION Staff recommends that the Commission adopt the following resolution: I. APPROVAL WITH CONDITIONS The Commission hereby grants, subject to the conditions below, an amendment to the permit for the proposed development on the grounds that the development, as conditioned, will be in conformity with the provisions of Chapter 3 of the Coastal Act of 1976, will not prejudice the ability of the local government having jurisdiction over the area to prepare a Local Coastal Program conforming to the provisions of Chapter 3 of the Coastal Act, is located between the sea and the first public road nearest the shoreline and is in conformance with the public access and public recreation policies of Chapter 3 of the Coastal Act, and will not have any significant adverse impacts on the environment within the meaning of the California Environmental Quality Act. II. SPECIAL CONDITIONS I. Revised Plans a) The ticket booth structure shall be set back ten feet from the bulkhead and shall not exceed 40 square feet in size. b) Prior to issuance of the coastal development permit amendment, the applicant shall submit, for the review and approval of the Executive Director, revised plans indicating that the ticket booth structure is setback ten feet from the bulkhead and that the structure will not exceed 40 square feet in size. 5-82-593 A2 Page 3 J III. The Commission finds and declares: A. Amendment Description The applicant proposes to construct a 10 x 14 foot, 10 foot high, single story ticket sales and passenger safety control station and to revise an existing marina to allow operation of harbor tour boat rides. The proposed revisions to the existing commercial marina include removal of approximately 4 boat slips and replacement with a 100 foot long by 10 feet wide single finger dock and a 35 foot long ramp (see exhibit E). The length of the ramp is proposed to accommodate handicap access. The marina revisions are proposed to allow operation of harbor cruise boat tours. The ticket sales and passenger 'safety control station is proposed to be located within an easement for public access and passive recreational use along the shoreline The offer to dedicate the easement was previously required under coastal development permits 5-82-593 and 5-82-593 A. The easement was accepted by the City of Newport Beach. The City has approved an encroachment agreement for the proposed ticket booth structure within the easement (see exhibit F). The original permit allowed the redevelopment of the subject site which is known as the Balboa Fun Zone. The Fun Zone has existed at the site for decades. In the area landward of the easement, the Fun Zone provides visitor serving uses such as arcade games and rides and snack shops. The easement area is developed with landscaping, benches, and tables. The easement area also contains a ferris wheel and its ticket booth. The ferris wheel's location was intended to serve as an identifying landmark for the Fun Zone. The ferric wheel is located adjacent to the bulkhead. B. Public Recreation Section 30213 of the Coastal Act states, in pertinent part: Lower cost visitor and recreational facilities shall be protected, encouraged, and where feasible, provided. Developments providing public recreational opportunities are preferred. Section 30220 of the Coastal Act states: Coastal areas suited for water -oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses. The proposed boat tour use will allow members of the general public to board the tour boats and view the harbor's points of interest from the water. It will allow members of the general public, including those who may not 5-82-593 A2 Page 4 1 - otherwise otherwise have access to boats in Newport Harbor, to go for a boat ride. The proposed harbor tours operation will provide a visitor serving commercial recreational use that enhances public opportunities for coastal recreation. The Coastal Act places a high priority on such a use. Therefore, the Commission finds that the proposed use is consistent with Section 30222 of the Coastal Act which places a high priority on visitor serving coastal recreational opportunities. The harbor tours are a water -oriented recreational activity. The ticket booth structure is proposed to serve the harbor tour boat operation. The Coastal Act requires that coastal areas suited for water -oriented recreational activities be protected for such uses. It is essential for the boat tour operation to have the ticket booth adjacent to the tour boats. Therefore, the Commission finds the proposed use is consistent with the recreation policies of the Coastal Act regarding water oriented recreational activities and visitor serving commercial recreational facilities. C. Public Access Section 30210 of the Coastal Act states: In carrying out the requirement of Section 4 0f California Constitution, maximum access, which posted, and recreational opportunities shall be people consistent with public safety needs and rights, rights of private property owners, and overuse. Article X of the shall be conspicuously provided for all the the need to protect public natural resource areas from Placement of the proposed ticket booth structure seaward of the bulkhead was considered by the applicant in the preliminary stages of design development. However, it was determined to be inconsistent with existing City requirements. The City's Harbor Permit Policies prohibit structures such as the ticket booth seaward of the bulkhead. The City's Harbor Permit Policy No. 1 C states: Only piers, floats, certain patio decks and their appurtenances shall be permitted between the bulkhead and pierhead lines. Consequently, the current option is proposed. Currently, the area where the ticket booth structure is proposed to be located is used for public access and passive recreational uses. Primarily, the area is used by people strolling along the water's edge, and sitting at the tables eating or taking in the view. The ,proposed location of the ticket booth would obstruct the continuous access along the water's edge that currently exists from the eastern edge of the property to the ferris wheel (approximately 135 feet). The ticket booth structure is proposed to house both the ticket sales area and the passenger safety control station. Of the 140 square foot structure, 100 square feet is proposed for the passenger safety control station (see exhibit C). The passenger safety control station portion of the structure is proposed 5-82-593 A2 Page 5 to be located at the seaward portion of the structure. The applicant has stated that the need for the passenger safety control portion of the project is to allow the owners of the tour company to observe the patrons boarding the boats and to assure that safety measures are enforced. The applicants have stated that up to four tour boats will operate continuously at peak business periods and so it is not feasible for employees to go back and forth between a distant office and the dock area. A distant office would be any location not adjacent to the bulkhead. However, it has not been demonstrated that there is a.need for an on-site office. It seems that, if the boats are operating continuously, the employees loading the passengers would need to be on the docks and would not need to be in the passenger safety control station. Oversight of safety measures could also occur on the dock or adjacent to the bulkhead without the need for enclosed structural area. In the City Council minutes of August 8, 1994 the proposed structure is referred to as a "ticket booth and office building. Placement of an office structure within an area used and dedicated for public access and passive recreational use does not maximize public shoreline access as required by the Coastal Act. A second harbor cruise company exists on the site adjacent to the subject site (approximately 200 feet east). It is not located directly adjacent to the bulkhead. A public walkway exists between it and the bulkhead. Additionally it is much smaller than the structure currently proposed The office area for that harbor cruise company is located within the Balboa Pavillion building, facing the landward side. The location and set up of the second harbor tour company indicates that the office area need not be in view of the docks and that the ticket booth portion can be set back from the edge of the bulkhead to allow public access to continue. The floor plan for the proposed structure indicates that only 40 square feet is necessary for the ticket sales portion of the building (see exhibit C). It is not necessary that the office/passenger loading observation area be placed as proposed. Placement as proposed will limit existing public use and access in the area by creating a physical obstruction. However, if the project is conditioned to allow only that portion of the structure necessary for ticket sales to be placed in the public access area, physical obstructions to the existing public access will be minimized, while still allowing the high priority, coastal dependent, recreational use to occur. Additionally, elimination of the office/passenger loading observation area, which is 10 feet by 10 feet, would allow the structure to be set back 10 feet from the bulkhead. A ten foot setback will still allow continuous public access along the water's edge as it currently exists at the site. Therefore, only as conditioned, can the Commission find that the proposed project is consistent with Section 30210 of the Coastal Act regarding public access. D. Local Coastal Program Section 30604(a) of the Coastal Act provides that a coastal development permit shall be issued only if the proposed development would not prejudice the ability of the local government having jurisdiction to prepare a local coastal program (LCP) which conforms with, and is adequate to carry out, the Chapter Three policies of the Coastal Act. 5-82-593 A2 Page 6 The proposed development, as conditioned, is consistent with the certified Land Use Plan land use designation for the site. The proposed development has been conditioned to minimize adverse impacts to coastal access. Therefore, the Commissions finds that the proposed development, as conditioned, would not prejudice the ability of the City of Newport Beach to prepare a local coastal program consistent with the Chapter Three policies of the Coastal Act. E. Consistency with the California Environmental Quality Act (CEOA) Section 13096 of Title 14 of the California Code of Regulations requires Commission approval of Coastal Development Permits to be supported by a finding showing the permit, as conditioned, to be consistent with any applicable requirements of the California Environmental Quality Act (CEQA). Section 21080.5(d)(2)(i) of CEQA prohibits a proposed development from being approved if there are feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. The proposed project has been conditioned in order to be found consistent with the public access policies of the Coastal Act. Mitigation measures include conditioning the project to reduce the size of the structure and to require a setback from the bulkhead to allow continuous access along the waterway in order to minimize impacts on coastal access. As conditioned, there are no feasible alternatives or feasible mitigation measures available which would substantially lessen any significant adverse impact which the activity may have on the environment. Further, the proposed development is in an existing urban zone. Since development has already occurred on the site and all necessary utilities needed to serve the proposed project are in place, the proposed development would not have a significant adverse impact on the environment. Therefore, the Commission finds that the proposed project, as conditioned, can be found consistent with the requirements of the Coastal Act to conform to CEQA. 3142F ` - -'^-|' ' ._--''-=-,-|--. .,~",,,.� / 41 rt I 1� re i . lye q e,,-- Y ` ... .may .:-✓v, `�� CALIFORNIA COASTAL rOMMiSSiOK SOUTH COAST DISTRIC _�T -T o��. ` Evr HtrZ ---------------- -- FADE ----t----- Or ------ . BAY MARINE CONSTRUCitON, 61C, dALBOA FUN ZONE RIDES, IN0. t77 IIIrEItSIDE �EJICJI X00 srr• Z � E�� � f i archlischldea o v ' ! i • : STATE OF CALIFdRNIA—THE RESOURCES AGENCY PETE WILSON, Governor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 . P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590-5071 ADDENDUM DATE: November 7, 1994 TO: Commissioners & Interested Persons FROM: South Coast District Staff SUBJECT: Commission Meeting of Thursday, November 17, 1994, Item 13c, Application No. 5-82-593 A2 (Balboa Fun Zone Rides, Inc.), Newport Beach, Orange County. The special condition contained in the staff report is not the final version. Following are the correct special conditions for the proposed amendment. II. Special Conditions 1. Structure Size and Placement Requirements The ticket booth structure shall be set back ten feet from the bulkhead and shall not exceed 40 square feet in size. 2. Revised Plans Prior to issuance of the coastal development permit amendment, the applicant shall submit, for the review and approval of the Executive Director, revised plans indicating that the ticket booth structure is setback ten feet from the bulkhead and that the structure will not exceed 40 square feet in size. 3178F Central Newport Beach Association P.O. Box 884 • NewportMf L1§6n �' W:1., 6 Members of the City Council N August 29, 2994 City of Newport Beach SEP U 2 1994 3300 Newport Boulevard Newport Beach, CA 92663 CALIFORNIA COASTAL COMMISSION Dear Mayor Turner and Councilpersons COAST DISTRICT This is to express our concern for a pending action to complete approval of an application to construct a temporary ticket booth on the private property in front of 600 Edgewater Place in Balboa. There is nothing compelling in the application nor in the City Attorney's findings sufficient to warrant even a temporary action to allow construction of a ticket booth and office building in the public access. To the contrary, there is compelling reason to deny such application. The building will be located in a very small public area which is already occupied by the ferris wheel and a small ticket office which were placed where they are serve as a beacon and landmark for this purposely, to lb. No purpose is served by this new building which is fiveoatimessthe size of the ferris wheel booth. The pedestrian easement is to lose bike racks, a tree, street lighting, and a public table in an area which an passage and uncrowded resting space already in limited ssupplypen at bayside. You have only to look one block east, to understand the importance of keeping subject area open. The 700 block is the Current site for applicant's office, and for other similar uses by other concessionaires. The pedestrian walk between arcades and offices there is passable only by threading one's way on summer evenings. Staff has indicated the requirement for GP amendment as well as zoning change, the loss of (significant and that this is a NEW encroachment into the public bay views, pace to convenience a private operator at significant expense, torthe public. Is there a shortage of empty commercial space in Balboa? We could ramble on and ask why limit the conditions for rescinding, but we items and create the illusion that the project would be agreeable with these conditions restored. It is not agreeable in any fom, For the Board of Directors, • EXHISliT _4 PAGE --- C)a --- c . ................ . ... - .... - Central Newport Beach P.O. Box 884 • Newport Beach, California 92661 August 31, 1994 California Coastal Commission South Coast District 245 -West Broadway Street, Suite 380 Long Beach, CA 90802-1450 Attn: Meg Vaughn Re: File No. 5-94-191 1. Application of Balboa Fun Zone Rides, Inc. Honorable Commissioners; Please find enclosed a copy of our letter of August 19, 1994 addressed to the Mayor and Councilpersons of the City of Newport Beach on the subject Application. The members of this. Association are residents of the Balboa Peninsula who live or own property on the 'peninsula between the Newport and Balboa ocean piers, and not exclusively on the Ocean Front. Our views on the immediate issues of public access and encroachment are expressed in the letter for your review. Very truly yours, Thomas E. Hyans, President 217 19th Street . Newport Beach, CA 92663 (714) 673-0333 �S WLves 4L.Z+Vti.'.V$�� -• i CRT�FIT O csx PIX DAT ( / rrn �N:YRi .. FUN:ZON 1 ......... 11/08/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Douglas Ins. Services Group HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1825 State Street Suite 206 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Barbara CA 93101 COMPANIES AFFORDING COVERAGE Christopher F Beckert f 805-563-6388 y�? - COMPANY A HIH Casualty & Gen Ins. Ltd. INSURED COMPANY B COMPANY Fun Zone Boat Co., Inc. C COMPANY 700 Edgewater St. Balboa CA 92661 D C V1r. RF ......:::..................... .............:::.............:................:... ......:........................:..............:.............:.................................. .................:.. ............::. THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ EACH OCCURRENCE $ OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any one fire) $ MED EXP (Any one person) $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY $ (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY $ (Per accident) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS' LIABILITY _ EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT $ DISEASE - EACH EMPLOYEE $ OFFICERS ARE: EXCL OTHER A Protect/Indemnity MC TBD 11/14/94 11/14/95 $1,000,000 Vessels: Showboat, Tiki, Belle and Queen DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Certificate Holder is named as an additional insured but only with respect to operation of insured vessel, and by naming holder shall not increase Limit of Liability to company. C;EFtT1FICATE HOLDER CANCE#_LATIO.N NEWPOR3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City of Newport Beach P.O. Box 1768 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Newport Beach CA 92658-8915 OF ANY KIND UPON THE COMPANY, ITS AGENTS 9POIIEPRESENTATIVES. AUTHORIZED REPRESENTATIVE Christopher F Be ert ACURD 25-5 {3/93} QACI�RD COFiPOR4TION x 993.:: Q �EvV P0R� ° e� CITY OF NEWPORT BEACH ~ n P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 U ? c �P q�/PORN 21, 1994 Ray Handy Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Ray: A recent marine charter permit, issued to the Fun Zone Boat Company, allowed boarding passengers at a locationthat is not listed as an approved passenger boarding terminal. Specially, the location didn't have the necessary vessel pump -out station required at commercial passenger boarding sites. In reviewing the records, it was noted that the Fun Zone Boat Company historically averages about four passenger boardings yearly from residential docks or commercial locations without a pump -out station. To date you have had nine (9) permits in 1994. Requests of this type have been approved on a case-by-case situation. The Revenue Manager or the Harbor Inspector decided whether any concerns addressed in the Municipal Code (sewage, trash, etc.) would be negatively impacted. The City cannot continue to approve these permits since it runs contrary to the Municipal Code. The Marine Department is cognizant of the fact that the Fun Zone Boat Company has its' own pump -out station and is not dependent on the boarding location to provide one. To bring the code closer in line with a practical set of rules, it appears that a proposed revision of the appropriate section in the code should be considered, authorizing the Revenue Manager/Harbor Inspector to approve boarding at non passenger boarding locations on a case- by-case basis. To begin this process it would help if a letter comes from your company requesting that the Revenue Manager/Harbor Inspector have the authority to approve boarding as stated above. Once this department has that letter, a memo can be forwarded to the City Attorney with the suggested revision for his review. Until the code is revised marine charter permits listing boarding at non approved sites will not be approved. Please call me at the Marine Department to discuss this further. Sincerely, G � Newport Boulevard, Newport Beach KV R; 41 s L.f 1 i• f t 0t. The City Council of the City of Newport Beach hereby amends a Commercial Harbor Activities Permit issued to Fun Zone Boat Company, Inc. ("Fun Zone") in 1990. This Permit is amended pursuant to the facts and findings specified in paragraph A, the permit authorizes only those activities specified in paragraph B, and is subject to strict compliance with the terms and conditions specified in paragraph C. A. Findings. 1. Fun Zone; has been conducting sightseeing cruises and harbor tours on Lower Newport Bay since 1941. Fun Zone has operated from water -side facilities at 600 Edgewater and, more recently, from docks bayward of 700 Edgewater. At no time has Fun Zone provided parking or other land - side support facilities for its customers. 2. The City Council adopted amendments to the Commercial Harbor Activities Permit ordinance in 1978 and again in 1984, in response to significant increases in the number of tour vessels operating in the Lower Newport Bay. This increase in commercial activity created problems such as Cloud nighttime noise, disorderly conduct, shortages in vehicle parking, and unsafe traffic conditions in the commercial and residential areas along the waterfront. The 1978 and 1984 amendments established land -side support facility requirements for those conducting commercial harbor activities. the 1984 amendments specified that: "The commercial activities of those holding permits issued prior to the effective date of this ordinance may be continued to the extent authorized by permit or prior ordinances, but the permittee shall not increase or expand activities beyond those which are conducted on the effective date of this ordinance, unless an amendment to the permit has been approved by the Marine Director or City Council on appeal." (Section 17.41.120 N.B.M.C.) 3. As of the effective date of the 1984 amendments, Fun Zone was operating pursuant to a Commercial Pier Permit granted by the City Council on December 14, 1959, and had been continuously in operation prior to the effective date of the first Commercial Harbor Activities Permit 1 Ordinance. Fun Zone was entitled to "grandfather rights" pursuant to the 1984 amendments and, while no application for a permit was filed within the time specified in the Ordinance, Fun Zone's failure to comply with this requirement -was not willful. In 1990, upon notification by the Marine Department, Fun Zone applied for, and was issued, a Commercial Harbor Activities Permit authorizing operations identical to those approved in this Permit. 4. The harbor cruises and sightseeing tours conducted by Fun Zone are not a destination for tourists to Central Balboa rather, for the most part, these activities provide a service to persons who have traveled to the area for other reasons. 5. The Commercial Harbor Activities Permit issued to Fun Zone did not confer rights to the property owner in that: (a) The Permit was issued to the owner/operator of the vessels, not to the owner of the property; (b) Fun Zone Boat Company was the entity obligated to comply with conditions to the Permit and did comply with those conditions; (c) The requirement that Fun Zone operate at 700 Edgewater was a condition to the Permit rather than a conveyance of any permit rights to thea owner of the upland property; (d) Fun Zone's grandfather passenger capacity rights stem from operations which were conducted prior to the effective date of any City regulation and those operations were carried on at locations other than 700.Edgewater; (e) The Commercial Harbor Activities Permit Ordinance was adopted because the City believed water -side operations were not properly regulated by conditional use permits or other land use regulations, thereby evidencing an intent that permits are not appurtenant to upland property; (f) The City established the concept of grandfather rights in recognition of the significant financial investment of operators in the vessels used to conduct commercial harbor activities --financial investments that generally far exceeded any upland improvement related to commercial harbor activities. 2 6. Fun Zone has applied for an amendment to the 1990 permit to move operations from 700 Edgewater to 600 Edgewater. In consideration of the amendment to this Permit authorizing relocation of Fun Zone's commercial harbor activities, Fun Zone has consented to a reduction in the level of its operations from 396 passengers (including crew) to 331 passengers (including crew) and imposition of other conditions to its operation. Based upon the foregoing, the City Council finds that issuance of the Permit is consistent with the letter and intent of the Commercial Harbor Activities Permit ordinance. 7. Amendment of this Permit is consistent with the provisions of the Commercial Harbor Activities Permit Ordinance in that the transfer of operations is within the same geographical area, the vast majority of Fun Zone's customers are drawn to the area for reasons unrelated to harbor cruises and tours, Fun Zone shall use its best efforts to arrange transportation for charter par -ties that are drawn to the area because of Fun Zone's operations, and Fun Zone's consent to the 65 passenger and capacity. B. Permitted operations. Fun Zone is authorized to conduct, as the principal component of its business, harbor tours and sight-seeing cruises open to the general public with a duration of two hours or less, utilizing vessels described on Exhibit "A", with a combined capacity of no more than 331 passengers (including crew members). Fun Zone is also authorized to conduct, as a secondary component of its business, private party charters utilizing the vessels described in Exhibit "A" consistent. with the capacity limits specified for each vessel. Fun Zone shall also have the right to transfer this Permit to any person or entity provided the transferee agrees, in writing, to abide by the terms and conditions specified in paragraph C. C. Terms and Conditions. The commercial harbor activities authorized by this Permit are subject to strict compliance with the following conditions': 1. All vessels operated by Fun Zone shall be berthed at 600 Edgewater or 700 Edgewater, Newport Beach, California. Fun Zone shall not berth vessels at, or 600 Edgewater until Fun Zone obtains final approval of all permits necessary to commence operations at 600 Edgewater; 3 2. Loading and unloading of all passengers shall occur at 600 Edgewater or 700 Edgewater unless Fun Zone is conducting a charter pursuant to a permit issued pursuant to Chapter 5.18 of the Newport Beach Municipal Code ("Marine Charter Permit"); 3. Any significant change in permitted operations, including, without limitation, a significant increase in the number of private party charters as compared to walk- on tours and cruises, shall require City Council approval of an amendment to this Permit; 4. Fun Zone shall ensure that all private party charters provide parking consistent with the provisions of Chapter 5.18 of the Newport Beach Municipal Code; 5. All vessels operated by Fun Zone pursuant to this Permit may operate only between the hours of 8:00 a.m. and 11:00 p.m., Monday through Thursday, and 8:00 a.m. to 12:00 a.m., Friday through Sunday. 6. Double-decker vessels shall travel only in the main navigational channels within Lower Newport Bay and single { deck boats shall travel only within navigational channels; 7. Food and liquor may be served on board vessels provided service is in full compliance with all applicable laws, statutes and ordinances. No merchandise, including, without limitation, T-shirts, caps, or souvenirs, shall be sold on board the vessels at any time; 8. All trash and litter generated by activities authorized bythis Permit shall be disposed of in appropriate receptacles, which shall be emptied as often as necessary to maintain a neat and orderly appearance; 9. All human waste collected on board any vessel operated by Fun Zone shall be discharged solely into City sewers via a vessel waste pump -out station 10. Entertainment on board any vessel shall be limited to narration concerning the sights and scenes of Lower Newport Bay, unless the vessel is chartered by a private party. In no event shall sound from any amplification system, radio, stereo, musical instrument or similar device be audible beyond 50 feet from the hull of the vessel; E 4 11. Fun Zone shall not increase the number of vessels, or substitute vessels from or to the list attached as Exhibit "A" without the written permission of the Marine Director which shall not be unreasonably withheld; 12. Fun Zone shall comply with all of the provisions of the Newport Beach Municipal Code, and the Harbor Policies adopted by the Newport Beach City Council. The City Council reserves the absolute right to amend the provisions of the Municipal Code or Harbor Policies relevant to commercial harbor activities; 13. Fun Zone shall defend, indemnify, and hold harmless the City of Newport Beach, the County of Orange, the Orange County Harbor District and their respective officers, employees, agents and representatives, with respect to any claim or lawsuit alleging any loss, damage, injury or entitlement that is in any way related to the issuance of this Permit or the commercial harbor activities authorized by this Permit. The City Council reserves the right to retain legal counsel to defend its interests in the event of any litigation, which Fun Zone is obligated to defend pursuant to this Permit. In the event the City Council retains special counsel to defend its interest, Fun Zone shall reimburse the City of Newport Beach for all reasonable expenses and costs incurred.by it in defending the litigation, as well as paying and/or complying with any judgment resulting from the litigation; 14. City Council approval is required to transfer some or all of the commercial harbor activities authorized by this Permit to a location other than 600 or 700 Edgewater. The City Council reserves the right, in its sole discretion, to require Fun Zone to comply with all provisions of the Newport Beach Municipal Code with respect to those commercial harbor activities transferred to a different location, including without limitation, the provisions of parking and other land -.side support facilities. The City Council also reserves the discretion to waive some or all of the required parking or land -side support facilities upon a determination that the transfer will not adversely impact the health, safety or general welfare of those working or living in the area to which commercial harbor activities would be transferred; F1 15. The Marine Director, or City Council on appeal or review, .shall have the power to impose reasonable new conditions, or modify existing conditions, upon a determination, supported by substantial evidence, that the operations of Fun Zone are adversely impacting the health, safety, or general welfare of those who use, enjoy or own property near the waters of Newport Bay and will continue to do so in the absence of the new or modified conditions. Dated: Dated: �" 1 q n ATTEST: Nom.w."e n APP VED AS TO FORM: CITY ATTORNEY kr\chapfz.pat "FUN ZONE" FUN ZONE BOAT COMPANY, INC. By:_ -4W.- / Dal Grettenberg "FUN ZONE" FUN ZONE BOAT COMPANY, INC. i 6 � CITY OF NEWPORT BEACH A Municipal Corporation. By �, .0 V MAYOR l 6 MARINE DEPARTMENT Telephone 644-3044 COMMERCIAL HARBOR PERMIT APPLICATION Filing Fee $400.00 Business Name:` vim, Ze? A a lin a - / Business Mailing Address --,70C _ ---- city and Zip 0i b,,a k Address of Business Business Telephone If business is a corporation or operated under a fictitious name or partnership, please indicate ALL principals: Give name, address and telephone for each: 1. ad 3 10� 12 t � 0- a CO, 6,2S Give name, address and telephone number of the person, or persons, who will have general management responsibility for applicant business: Pleasel give Va =ccimplete description of the proposed method of operation of vessel, watercraft and/or other facilities, including, but not limited to: 1. Location where vessel will be permanently berthed �1) 7620 r .4r st_ r - 2. Location where passengers will be loaded and unloaded (240n -70r' 3. Maximum number of passengers carried (include crew) V& 4. Location where required parking for passengers, employees and crew will be provided: 5. Days business will operate:Q� 6. Hours of operation • 10 60 :?v,4 7. Routes of Travel: k1i aeoqumj IS,A,,— T., 8. Types of activities permitted on board: 9. Types of merchandise to be sold Jz57ovj 10. Is Coast Guard certification required?� If not, why not? -11. Type and mount of liability insurance carried for this operation: j� odeDov Carrier: 0,6�l",A 12. other pertinent information: 4,16a,2 -r-- ka 44 L h 5�5 13. Describe the manner in which you intend to dispose of trash, sewage and litter resulting from this operation: Y -4 51a 14. Describe the type of entertainment which the applicant proposes, if any: PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAYBE NEEDED FO PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the foregoing is true and correct: Date 23 la Signature: Telephone 72e;) -o 2 -7iz M.zLa Residence address TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION: Chief of Police Orange County Harbor District Other Approved/Denied by Marine Department (and Date) :r I CITY Of NEWPORT BEACH ac ca 3c.aa' T O L.B. z Z z v 5,zz PIER E W P a S ITE 0 u B A Y r3u�.►cHr�,p C/F P 1 E NO DRc'a61NCs CE,q N O 4 z IML SCALE IN MILES PC�rILE I VICINITY MAP D' BO CALIFORNIA ID) APPROV D5 - 9 4- I%UG 2 3 1994 By: CALIFORNIA COAST,f l-,.;Af4ISSION SOUTH OAST D STRIC 1 N E W P (PlWi' • N6 12 G,1. WATER WNi=-�1,5..I'ROJE�T' LINE — 1R LAANRrY�C, I` - I �' Lt1.5. P1 t.11.� I - --------- 11 iT 'i-� UC ?, DOCK REVISION L-7 f Fid i T�OCKS ( I I a��1 1 2-7'-C* 22'-0' 25'-0" I tI t �'►�$' ....: � _ 1-., -� __ �._� 111 ,+ �� _ __� -- - --- _ T�t�S 8 LKHEAD I i `'�"'� 2 0 3 4 5 6 zt- i 1 35 33 - -35.33 -' ----35.33 "..' • � 3 v�'-i 1 ... . '.BAYSIO:E TRACT SLOCK 87 r 4--.�e Yh E�iC C:v ,o20 30 scaLE, 1: so FT. � �F� A P P L I C A N T S N A M E; BALWA FuN=Wr,, RIDES, iNC, 3 O 8 ADDRESS SALS-14,, CALLIMRN A $2661 R A C T,'SAYSIDS BLOCK; 8.7 L 0 T 1-G ONTRACTOR-SAYMARINC sr kMUCnWCo,D A T E; G/30/94 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM August 17, 1994 TO: Mayor Clarence Turner All Councilmembers FROM: Robert H. Burnham SUBJ: Fun Zone Boat Company Proposed Ticket Booth Encroachment Permit On August 8, 1994 the City Council approved the application of Fun Zone Boat Company to construct a temporary ticket booth on public property upland from the docks in front of 600 Edgewater Place. The application was approved subject to certain conditions including the execution of an encroachment agreement and the issuance of a coastal development permit. Staff was asked to prepare findings for approval consistent with the intent of the City Council. The suggested findings are as follows: 1. The Fun Zone Boat Company offers relatively low cost harbor cruises and excursions easily available to all members of the general public; 2. The cruises and excursions offered by Fun Zone Boat Company provide members of the public with valuable information about the history and ecology of lower Newport Bay and serve important recreational and educational needs of visitors to Newport Beach; 3. The Fun Zone Boat Company has been operating from docks adjacent to the Balboa Ferry since 1948 and has become an integral part of the water dependent businesses along the Balboa Peninsula that contribute to the charm of the area; 4. The Fun Zone Boat Company's operation is different than other members of the boating industry such as those which offer transportation to Catalina, sportfishing or whale watching in that the majority of its patrons do not make reservations, or pay for, cruises or excursions in advance of the date and time Ck for indduals whocome n e vast majority of Fun Zone patrons are to central Balboa for other reasons and would be unaware of the availability of these relatively 5-,z.- .. rF .fie . t - 1521PR-27-92 MON 1 1 = 33 V OSS+GEORGE P _ 02 FUN ZONE BOAT CO. INC. PHONE (714) 673-0140 .. #95-2004544 DAL GRETTENBERG 74)q RDGEWA1MR NEWPORT HARBOR MU SES BALBOA, CA. 92651 "BELLE" 'gJEVN' 'SHOWBOAT' .=. . April 27, 1992 Robert Burnham CITY ATTORNEY CI'T'Y OF NEWPORT BEACH 3304 Newport Blvd. P.O. Bok 1768 Newport Beach, California 92655-1768 Re: Fun Zone Boat Co. Inc. Dear Mr. Burnham; Purouant to our meeting in your office, the boats will, carry the following persons: Tiki 144 Belle 45 Queen 75 showboat 71 Thank you for your continued cooperation in this matter. Very truly yours, Ray Handy 042792.v2256.00.9urnhaffQ A tr 400 Main Street, Balboa, CA 92661 7141673-5245 FAX 714/673-8340 April 27,1992 Robert H. Burnham City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, Calif. 92659-1768 RE: Application for Transfer of Commercial Harbor Activities Permit/Fun Zone Boat Company Dear Mr. Burnham, Please be advised that as of this date, April 27,1992, Catalina Passenger Service, Inc. is withdrawing its Application for Transfer of Commercial Harbor Activities Permit which was applied for on February 13,1992. If you have any questions regarding this matter, please fell free to contact me at anytime. Sincerely, Robert Black President Catalina Passenger Service,Inc. CITY OF NEWPORT BEACH Motion x Motion x Ayes- x x x x x _N_oes x Motion x All Ayes Volute 46 - Page 146 In an effort to respond to further Ocenfrnt inquiry by the Council, the City Encrchm Attorney advised that Council is being Fees/Exchg asked to consider a formal written agreement, whereby the City would agree to waive encroachment fees and the property owner would agree to dedicate that land to the City. Notion was made to not approve the concept of Oceanfront Encroachments Dedication of Land In Lieu of Payment of Fee. Following discussion, substitute notion was made to approve the report from the City Attorney recommending conceptual approval _of _ a waiver of OCEANFRONT ENCROA FEES in exchange for dedication of property, which notion carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 92-9, being, Ord 92-9 Trfc/Pkg AN ORDINANCE OF THE CITY COUNCIL (85) OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.082 TO THE NEWPORT BEACH NUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE TERRACES OF CORONA DBL NAR DEVELOPMENT. Recycled report from Public Works/ Traffic Engineering dated April 13, 1992. Motion was made to adopt Ordinance No. 92-9. I. CONTINUED BUSINESS. 1. Status report from the City Attorney Catalina/ regarding the revised commercial harbor Fun Zone. activities permits for CATALINA Cmcl Actv PASSENGER SERVICE and; FUN ZONE BOAT Permits Permits COMPANY. Supplemental Report dated April 27, 1992, (with an amended permit for the Fun Zone Boat Company)from the :City Attorney was received after the agenda was printed, which supersedes the April 22 report. The City Attorney reported that Catalina Passenger Service has withdrawn their Application (letter to City Attorney on file) to transfer entitlement previously granted to Fun Zone, and will continue to operate under existing permits. The City Attorney advised that staff is proposing the application of Fun Zone Boat Company (which was to amend their 1990 permit to allow them to move their operations from 700 Edgewater to 600 Edgewater) be granted subject to the terms and conditions that are found in the Commercial Activities Permit that accompanies the Supplemental Report. He discussed some of the Terms and Volute 46 - Page 146 Motion Ayes Abs,tained Motion All Ayes CITY OF NEWPORT BEACH April 27, 1992 3. 5.04.040 OF THE, MUNICIPAL CODE, AND :ADDING CHAPTER 5.95 TO THE MUNICIPAL CODE. [Report from Deputy City Manager] Letter from Newport -Mesa Association of Realtors in support of theproposedordinance. After it was determined that no one wished to respond to the issue, proposed ORDINANCE NO. 92-13, ESTABLISHING REGUIdTIONS FOR THE OPERATION OF SHORT TERM IADGING UNITS WITHIN RESIDENTIAL ZONES, was introduced, and passed to second reading on May 11, 1992. . Late claim _of American _ International ry Recovery, Inc., alleging property damage as a result of insured (Anita C. Smith/claim filed 1-30-1991) being rear- ended by City truck while at stop light. The City Attorney advised that the subject claim is untimely filed; therefore, motion was made the record reflect that it is rejected. Report from the City Attorney recommending conceptual approval of a waiver of OCEANFRONT ENCROACH] FEES in exchange for dedication of property. The City Attorney, upon questions of Council, stated that this is to ascertain whether the Council is interested in the concept of the dedication of these lots to the City in exchange for a waiver of fees. He advised that after explaining the concept to the Regional Director of the Coastal Commission, it was indicated that the Coastal Commission staff and the Commission itself would probably support a corresponding proposed LCP Amendment. The Public Works Director added that between B Street and E Street there are approximately ten parcels remaining in private ownership; they range in size from 1200 to 2000 sq. ft., and over the years, the City has followed a ractice of acquiring these parcels when the opportunity presents itself. The City Attorney advised that the benefit to the City would be to exercise complete control over all of the property on the ocean side of the sidewalk if the property is acquired as fee title. He added that currently, the property is designated as open space, and if, for example, a property owner wanted to put in a patio ancillary to their permanent residence on the other side of the boardwalk, the City would have some difficultyin declining,that request, or be subject to legal action. Vol=e 46 Page 145 Internation- al Recovery Claim(36) Oceanfrnt Encrchm Fees/Exchg (68) CITY OF NEWPORT BEACH y All Ayes MIRHES April 27, 1992 j Discussion ensued, wherein, 1 Council Member Hart asked the maker' of the motion to consider moving ahead with the staff recommendation, including Terms and Condition No. 4, to read, ."Fun Zone shall insure that all private party charters provide parking consistent with Chapter 5.18 of the Newport Beach Municipal' Code," to which Mayor Pro Tem Turner agreed, and the motion was voted on and carried. 2. Report from the Planning Department regarding VARIANCE; NO. 1154, a request to clarify and interpret Condition of Approval No. 7 of the previously approved Variance , No..; 1154 which permitted': the construction of a second floor addition to' a single family dwelling which exceeded 1.5 times the buildable area of the site; and permittedthe waiver of one of the required off-street parking spaces. The previous approval also included a modification to the Zoning Code so as to allow various front, side and rear yard encroachments associated with the second floor addition. The current discussion involves a request to clarify and interpret the condition of approval which prohibited the construction of a fence, building or other obstruction higher than six inches in the side yard setback adjacent to the alley, property located at 527 Park Avenue. Recycled letter from applicant Maxwell B. Phillips requesting appeal be deferred to April 27, 1992. The Planning Director summarized for the Council that this was a request to clarify and interpret a condition of approval which exists on this particular variance since it was approved on July 20, 1989; that on June 8, 1989, the applicant appeared` before the Planning Commission with a modification requests, as described in the foregoing, and also requesting to construct a new fence along the alley, southerly of Park Avenue, between Topaz and Turquoise. In preparation of a staff report for the meeting of June 8, 1989, staff had analyzed the requests, and it was recommended that specifically the new fence be eliminated which was proposed to constructed on the property line adjacent to the alley., The reason was that it was felt by the staff the new fence would interfere with vehicular access to existing parking spaces on the other side of the alley. The Planning Director advised that: because of the Planning Commission's concerns about Mr. -Phillips' request, the public hearing was continued to its meeting of July 20, 1989 and new plans were submitted by Mr. Phillips; for consideration on that date. In this respect, the Planning Director made Volume 46 - Page 148 INIx.A Fun Zone Boat Co. Variance 1154 (91) Motion x CITY OF NEWPORT BEACH MINUTES April 27, 1992 Conditions of the amended permit, i.e.: that Fun Zone Boat Company has agreed to reduce their passenger capacity from the current 396 authorized by permit to 331 (including crew members); that they agree to the proposed Terms and Conditions, which will improve the. City's ability to control their operations and to insure that there is no adverse impact on public health, safety and welfare in the area; that they shall use their best efforts to provide alternative parking to the municipal lot, or bus transportation for all of the private party charter passengers; agree to restrictions on the hours of operation, amount of noise that can be generated by charter activities, --stringent restrictions -on -their -right -of transfer ("...that the City ;Council reserves the sole discretion to approve any transfer from the location described in the permit.."). Bruce Voss, 453 ' Santa Ana Avenue, Attorney for the Fun Zone Boat Company, addressed the Council stating that the language ..."use its (Fun Zone Boat Company) best efforts to insure that all private party charter passengers park in facilities other than municipal lots..," is a legal phrase that does mean something very significant. He added that the only problem they may have is with weddings, but over the years they have not had any problems. Discussion ensued, wherein notion was made to approve the amended permit, with the exception of Terms and Condition No. 4, and bring the issue back within 45 days for further review to be consistent with the harbor activities regulations. of the City's Nunicipal Code. In response to Council inquiry, the City Attorney advised that Fun Zone Boat Company is asking for Council approval of an amended permit, and the amendment process gives the Council authority to impose additional conditions that are reasonable on the permittee. Further, that, if .the permittee were coming before the Council now to apply for a permit, they would have to provide parking in accordance with the terms of the Commercial Harbor Activities Permit Ordinance. They do have "grandfathered rights," but now they have asked to change their location, and as a condition of approval to move their operations, conditions can be impose that are necessary for the health and safety of the people in the area, and one of these would be to require bus transportation for those passengers whose sole reason for coming down to the Peninsula is to board a private charter party operated by the Fun Zone. In response to the City Attorney and the Council as to whether he would agree to the of Terms and Condition No. 4 at a later date, Mr. Voss replied in the affirmative. Volnde 46 - Page 147 INDEX Tun Zone Coat Co. — 92 Pqu 1 1 e fu55 rt3�Utlt�� ,'UN ZONE 130AT . #95-20W49 7W WATER BALBOA, CA. 92661 April 27, 1992 r _ e3 c PHONE (714) 673,0140 ; DAL GRETrENBERG NEWPORT AGR CRjU "BELLS" '+Quaw 'SHOWBOAT- 'iT - ' Robert Burnham CITY ATTORNEY CITY OF NEWPORT BEACH 3300 Newport Blvd_ P-0. Box 1768 Newport Beach, California 92659-1768 Re: Fun Zone Boat Co. Inc. Dear Mr. Burnhamt Pursuant to our meeting in your office, the boats will, carry the following persons: Tiki 140 Belle 45 Queen 75. showboat '71 Thank you for your continued cooperation in this matter. Very truly yours, Ray Handy 042792.V2256.00.5urnham2_itr q9z e,,v, P() 4; 3 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 4�! FOR,� November 22,1996 Mr. Bruce Moss Attorney At Law 2424 Southeast Bristol, Ste. 300 Newport Beach, CA 92660-0757 Re: Fun Zone Boat Co., Inc. Dear Bruce: Attached is a letter we received in 1992 from the Fun Zone Boat Co., indicating the vessels and the passenger count, whereupon we established their maximum passenger count at 331 people. Could you please have your client resubmit, on their stationery, the vessels and passenger count which originally totaled 396, so we can make a correction in our records. Thank you advance for your cooperation. Sincerely, Tony Melum Deputy Chief Marine Environmental Division 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY___ MEMORANDtTM April 22, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham SUBJ: Catalina Passenger Service; Fun Zone Boat Company; Applications to Transfer or Amend Commercial Harbor Activities Permit This Memo is the last in a series of reports to the City Council regarding two applications to transfer commercial harbor activities permits. Catalina Passenger Service, Inc. ("Catalina") submitted an application to transfer a permit issued to Fun Zone Boat Company upon expiration of the latter's lease of the property at 700/705 Edgewater. The Fun Zone has submitted an application to transfer their operations to the. docks bayward of the Fun Zone. Fun Zone's operations are limited to harbor site -seeing cruises• utilizing vessels capable of carrying a total of 396 passengers. Catalina conducts harbor cruises using two vessels with a total passenger count of 315. Fun Zone and Catalina have tentatively agreed on a division of the "grandfather rights" under the Fun Zone permit. The agreement would transfer 65 passengers to Catalina with Fun Zone relocating to 600 Edgewater. This agreement is contingent upon Council approval of revised commercial harbor activities permits for both Catalina and Fun Zone. Staff recommends Council approval of these permits, subject to conditions which insure no additional traffic or parking impacts will result from the revised operations. We are in the process of discussing the terms and conditions to each permit with the respective operator and will distribute the new permits to the Council prior to the April 27, 1992 meeting. RHB•kmc catfunz.mem Robert H. Burnham City Attorney MAR -17-92 TUE 14;21 CITY ATTORNEY FAX NO. 7146443139 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY P. 01 TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney. Tony Melum, Deputy Marine Director L d Catalina Passenger Service Application. to Transfer Commercial Harbor Activities Permit The Deputy Marine Director and Z are recommending the City Council continue the Catalina Passenger Service Application for transfer of the Commercial. Harbor Activities Permit issued to Fun Zone Boat Company, Inc. The reasons for this recommandation are as follows: �. City staff, Catalina Passenger Service, Fun Zone Boat. Company and the property owner met on -March -l2, 1992 to discuss the application to transfer and other relevant issues. While the meeting did not produce agreement amongst the parties, some progress was made towards resolution of the _dispute. We believe the parties may need additional time to evaluate various options. 2. Staff has .not completed their evaluation of the Fun Zone's application to "amend" the Commercial Harbor Activities Permit issued for their operation at 700 Edgewater. We believe the Council should act on both applications since a decision on one may be dispositive of the other. Staff will have completed their evaluation prion to the Ist meeting in April. 3. Staff believes there are additional issues relevant to each application that require further analysis. For example, the original report assumed there were grandfathered rights pursuant to the 1984 ordinance. We are in the process of re- examining that assumption and will provide additional information to the Council in conjunction with recommendations on the other two applications. RECOMMENDATION: It is recommended that the City Council continue the Catalina Passenger Service, Inc. application to transfer the Commercial Harbor Activities Permit to April 13, 1992. r f Robert H. Burnham RHS:kmc City Attorney c� •i MEMORANDUM March 16, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney. Tony Melum, Deputy Marine Director L d Catalina Passenger Service Application. to Transfer Commercial Harbor Activities Permit The Deputy Marine Director and Z are recommending the City Council continue the Catalina Passenger Service Application for transfer of the Commercial. Harbor Activities Permit issued to Fun Zone Boat Company, Inc. The reasons for this recommandation are as follows: �. City staff, Catalina Passenger Service, Fun Zone Boat. Company and the property owner met on -March -l2, 1992 to discuss the application to transfer and other relevant issues. While the meeting did not produce agreement amongst the parties, some progress was made towards resolution of the _dispute. We believe the parties may need additional time to evaluate various options. 2. Staff has .not completed their evaluation of the Fun Zone's application to "amend" the Commercial Harbor Activities Permit issued for their operation at 700 Edgewater. We believe the Council should act on both applications since a decision on one may be dispositive of the other. Staff will have completed their evaluation prion to the Ist meeting in April. 3. Staff believes there are additional issues relevant to each application that require further analysis. For example, the original report assumed there were grandfathered rights pursuant to the 1984 ordinance. We are in the process of re- examining that assumption and will provide additional information to the Council in conjunction with recommendations on the other two applications. RECOMMENDATION: It is recommended that the City Council continue the Catalina Passenger Service, Inc. application to transfer the Commercial Harbor Activities Permit to April 13, 1992. r f Robert H. Burnham RHS:kmc City Attorney si4 0W.94 1-71Y - �4.lre - U, } CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM March 4, 1992 TO: Mayor and Members of the City Council FROM: Robert H. Burnham, City Attorney Tony Melum, Deputy Marine Director SUBJ: -Application to Transfer Commercial Harbor Activities Permit for Fun Zone Boat Company,.Inc. INTRODUCTION• Catalina Passenger Services, Inc. ("Catalina") has applied for a transfer of the commercial harbor activities permit currently in the name of Fun Zone Boat Company, Inc. ("Fun Zone"). The. application for transfer is based upon Catalina's lease of the. property at 700/705 Edgewater which is the upland headquarters of the Fun Zone. Fun Zone's lease of the property expires on April 30, 1992. Catalina takes the position that the permit issued to Fun Zone is based upon the ownership or lease of the property at 700/705 Edgewater and should be transferred to them when their lease of the upland becomes effective. Fun Zone contends the permit was issued to Dal Grettenberg, is personal in nature, and cannot be transferred absent the permittee's consent. All parties agree that transferability is governed by the provisions of our code-_ relat ve_. to::__pier.__permits.. -and . commercial harbor_ .activities ' . ­_:. _ . _ .... Staff believes the intent of the ordinance was to grandfather an existing operation at the then current activity levels and location. This conclusion is baseduponthe intent of the Council in amending the ordinance, language in related sections of the Municipal Code, conditions to the permit issued to Fun Zone, and the law relative to non -conforming rights. However, staff believes the most logical construction of the ordinance authorizes transfer only if the applicant satisfies the criteria for "an original permit." ORDINANCE HISTORY: A. Ordinance No. 13-45. Ordinance No. 13-45 was the original commercial harbor activities permit ordinance. The ordinance had its genesis in an application filed by the Pavilion for. permission to operate a harbor sight-seeing vessel that would serve food and alcoholic beverages to passengers. The Mayor & Councilmembers March 4, 1992 Page 2. Planning Commission determined that a use permit was in appropriate and referred the matter to the Council. After a series of meetings, the. Council adopted the ordinance in July, 1970. The original ordinance differed from the current version in a number of respects. For example, the ordinance exempted commercial fishing or private vessels chartered primarily for use outside of the harbor. The ordinance did not mention traffic or parking considerations. B.. Ordinance No. 17-59. Ordinance, Nov 17-59 was enacted in March, 1978. The' -revisions were prompted by complaints: Vof noise .emanating from vessels in the harbor --among them the Tiki operated by Fun Zone. Staff concluded the then current ordinance did not adequately control sight-seeing vessels and commercial use of permanently moored vessels because of problems relating to "necessary, land sight amenities such as parking..." The Council eliminated exemptions for commercial activities operating from fixed locations and required non - permitted operators to apply for a permit within 90 days. According to Marine Department records, Fun Zone did not apply for a permit. C. Ordinance No. 84-29. The most recent amendments to the commercial harbor activities permit ordinance were prompted by "numerous complaints... regarding significant increases in the number of tour vessels" resulting in "noise at night, disturbances unsafe loading and unloading of passengers... increased harbor traffic...and vehicle parking." The Tideland Affairs Committee met with staff to discuss changes -to- the -ordinance -that could - solve --these problems: -The -- Committee developed a list of criteria the Marine Department should consider in deciding whether to grant permits under the ordinance. These.criteria included a vehicle parking plan, noise controls, and a fixed base of operation. In adopting the ordinance recommended by the Tideland Affairs Committee, the Council found: "A. There has been a significant increase in the nature and intensity of commercial activities such as harbor cruises, dinner cruises and water taxi services occurring on and over the waters of Newport Beach; and B. This commercial activity has created an additional demand for available parking and created traffic congestion in and around the waterfront; and C. On occasion this commercial activity has created an unreasonable level of noise which has interfered with the right of persons who own property on or near Newport Bay to the peaceful enjoyment of their property." Mayor & Councilmembers March 4, 1992 Page 3. The revised ordinance drastically limited the type of exempt activity, established criteria for the issuance of a permit including the provision of "facilities to insure adequate parking, safe vehicular ingress and egress and the safe loading and unloading of passengers and supplies." (Section 1741.060). The 1984 amendments did not, amend long-standing provisions governing the transfer of permits, but did authorize "the,, commercial activities of those holding permits issued prior to the effective date of this ordinance ... to the extent authorized by permit or prior ordinance..." Again, those conducting commercial harbor activities without a permit on the effective date of this ordinance were required to apply within 90 days. The Fun Zone did not apply for a permit until 1990. DISCUSSION• A. The history of the commercial harbor activities permit ordinance suggests two things. First, there has been a consistent increase in the type and nature of commercial harbor activities and a concurrent increase in noise, traffic congestion, and parking problems. Second, the Council has imposed more and more controls on those activities in an effort to solve the problems. The ordinance... does not,_by., by. its terms, describe. Fun_....Zone_'s permit_ as., personal to-- the - operator, or, -as- pertinent to the --upland- - property For. a variety of reasons, staff believes the most appropriate construction is that the permit is site specific and requires some right to possession of the abutting upland property. Commercial harbor activities permits have traditionally been N'J issued to entities owning or having a leasehold interest in, the upland property abutting the water -side operation. The Code specifically provides that commercial pier permits can be issued only to the owner or long term lessee of abutting upland property and the right to maintain water side facilities is contingent upon that property interest. The Marine Department requires the new permittee to bring non -conforming structures into compliance with -"-\' the Code. The criteria for issuing a new commercial harbor activities permit focus on land -side facilities. The 1978 and 1984 amendments evidence the Council's desire to insure adequate land - side facilities for passengers. ,� Mayor & Councilmembers March 4, 1992 Page 4. The commercial harbor activities permit issued to Fun Zone is site specific. Fun Zone is authorized to conduct operations only at 700 Edgewater (see copy of permit --Exhibit "A"). The permit was made site specific because of the importance of land -side support facilities and a desire to limit the extent to, which operations that do not provide parking are grandfathered. Recent amendments to the ordinance attempt type controls on commercial harbor activities. cohforming rights in the context of land use law and are not personal to the individual who owns it becomes non -conforming. to impose 'land use By analogy, run with the the property non - land when B. Transferability. While staff believes the permit is tied to the upland property, we do not believe the permit is automatically transferable to Catalina. The ordinance contains relatively strict restrictions on the transferability of permits. According to Section 1741.100: "Application for transfer of any permit shall be subject to the same terms, conditions and requirements as an application for an original permit." (Emphasis added.) Staff believes this section is best construed to require the transferee to satisfy the criteria for issuance of a new permit, such as the provision of parking. A conservative approach to transferability is consistent with the intent of the ordinance that _-- --operators of commercial harbor activities provide for the needs of their customers in the same manner as other businesses. The Council is aware that, in 1984, none of the permittees provided code -required parking for their passengers and their failure to do so was contributing to traffic congestion and a shortage of available parking on streets and in municipal lots near the harbor. The section on transfer could be construed to authorize transfer on the same terms as the original "grandfathered" permit and such other conditions as the Council considers necessary to protect the interests of the people who work and reside in the area. Since there is the potential for litigation in the event the transfer is approved, staff is suggesting the imposition of those conditions described in the original permit (Exhibit "A") as well as the following conditions: Mayor & Councilmembers March 4, 1992 Page 5. 12. The transferee shall not increase or expand activities beyond those specified in the original permit. 13. The permit shall not become effective until the transferee takes possession of the property at 700/705 Edgewater. 14. The transferee shall defend, indemnify and hold the City and its officers and employees harmless from any loss, claim, damage or litigation that is in any way -related to the transfer of this permit. In the event of litigation arising out of the transfer of this permit, City shall have the right to retain counsel of its choice and transferee shall reimburse City for all fees and litigation costs reasonably incurred in the defense of the lawsuit. 15. The permit issued to transferee shall terminate in the event of a final order of a court of competent jurisdiction that the permit issued to Fun Zone is personal to the operator and cannot be transferred without the operator's consent, or that the City is required to amend the permit issued to Fun Zone and allow Fun Zone to engage in commercial harbor activities at any location in Newport Harbor other than 700/705 Edgewater. Catalina, Fun Zone and the property owner were notified that this matter would be on the Council Agenda for March 9, 1992. Each interested party was advised that comments received prior to close of business on Tuesday, March 3, 1992 would be included with this staff report. We have received letters from Catalina and Fun Zone and that correspondence is attached as Exhibits "B" and "C." We have also attached copies of material submitted to the Council in conjunction with the 1978 and 1984 amendments to the ordinance (Exhibit "D"). Finally, Fun Zone's comments include an application to "amend" their commercial harbor permit to allow them to move to a different location. This application was received after the Agenda was prepared and, we assume no notice was given to the other interested parties. Accordingly, the application of Fun Zone is attached for information only and no action is appropriate at this time. CONCLUSION• (1) Staff recommends the Council deny the application for transfer. (2) In the event the Council wishes to approve the application, the approval should be subject to the existing conditions specified in this Memo. (3) In the alternative, the Council may want to continue this matter for further study. Tony lum Deput Marine Director Robert H. Burnham City Attorney RHB : ]cmc Attachments fumn.mem 21Z-�ca --Min O o QRZ " y .« r ir, -mom xO: _ TO OD x ol MO 11 C, IR9 x� _0 �Lz.x is suc • F vD cl j r r0 L= ✓Y iy - CD .a: E: s Cy': 6"` :1.• � yr vJ r•a c) 07 Dm D CD n A w sw F n; ♦� 0 ONi S e [n en w m 3 r; s O 0 rn A T D p W w 7 C S -i voo m rn Z ws ;v TM. x Z CD Q m : :3 o If, 11 :W- w Wcr -p :3O 1 a f s n ;m ' co o °x � o r9 e csZ fA l 00 - ' C `\ 1�. 70 .�+ Z =' �CD ID ♦ £ s CITY OF NEWPORT'BEACH Marine Department February 20, 1992 TO: CITY MANAGER FROM: Marine Director SUBJECT: ADDITIONAL CONDITION, AGENDA ITEM NO.F-16, DATED FEBRUARY 24, 1992: TRANSFER OF COMMERCIAL HARBOR ACTIVITIES PERMIT The Tideland Affairs Committee at a meeting on February 20, 1992, reviewed the Staff Report regarding the transfer of the Commercial Harbor Activities Permit in the name of the Fun Zone Boat Company to the Catalina Passenger Service. The committee agreed with the recommended action and reviewed an additional condition recommended by Staff and representatives of Catalina Passenger Service, Inc. The additional condition should read: 13. This permit shall not be transferred until the effective date of the lease between Catalina Passenger Passenger Service, lessee, and the property owner. David Harshbarger Marine Director COMMERCIAL LEASE OF REAL PROPERTY THIS LEASE is made by and between JOHN L. WESTREM and EVELYN M. WESTREM, as Trustees, to THE WESTREM FAMILY REVOCABLE LIVING TRUST, UTD 8-8-89, hereinafter collectively referred to as "Lessor," and CATALINA PASSENGER SERVICE,INC., a California corporation, hereinaf- ter referred to as "Lessee." 1. Lease: Premises a. Description Lessor hereby leases to Lessee upon the terms, condi- tions and reservations hereinafter stated, a portion of the following described property located in the City ofNewportBeach, County of Orange, State of California: FOR THE PURPOSES OF THIS LEASE THE PROPERTY IS DESCRIBED AS: The real property located at 705 Edgewater, Balboa, California, which is limit- ed to the waterfront portion of said premises from the pier headline on the north extending south, approximately 201, to the public right of way on the south. The leased premises shall exclude the property currently occupied by the food concession business on the east side of said area and shall include the office on the west side of said area. Also included in the leased premises are all of the piers, docks and floats which shall be exclusively under the dominion and control of the Lessee during the entire term of this lease. The property is approximately 90' wide and approximately 20' from the sidewalk to the bulkhead. The patio area may be used by the Lessee and its business invitees on a non-exclusive basis. A diagram defining the "leased premises" including the 'real property, improvements thereon, and the piers, docks and floats is attached hereto, _marked "Exhibit All, and made a part hereof by reference. n Said property is commonly known as 705 Edgewater, Newport Beach, California, and is hereinafter described as the "leased premises," "premises" or property." Lessor agrees to provide Lessee with a legal description of the leased premises. b. Improvements The premises leased herein are improved with a single building of approximately 200 square feet Currently used as a ticket office, a concrete surface over the property; a- bulkhead and the docks which currently exist bayward of the bulkhead. 3. Term a. Lease Term The term of this lease shall commence on May 1, 1992, and shall continue for a period of ten (10) years until April 30, 2002, at which time it shall terminate, unless the Lessee exercises any rights of first refusal granted herein. b. Right of First Refusal to Extend Lease In the event Lessee is not in default of any of the terms and conditions of the existing lease and Lessor, prior to the expiration of the term of this lease, receives an bona fide offer, whether or not solicited by Lessor, from a person other than the Lessee to lease the premises for a term commencing at the termination of this lease, and if the Lessor is willing to accept such offer, Lessor shall give three -(3) days written notice of the terms of the offer,- and its willingness to accept the 'offer to the Lessee. The Lessee shall have the option to lease the premises on the `same terms and conditions as those contained in the offer to lease, provided Lessee notifies Lessor, in writing, of its acceptance within fifteen (15) days after receipt of said notice from Lessor. In the event that the.,Lessor has transferred or sold the premises to a third party, not a party, assignee or related entity to this lease, this right of first refusal shall terminate and not be exercisable by the Lessee. C. Surrender Upon Termination On the last day or sooner termination of the lease term, Lessee shall quit and surrender the premises, broom clean, in good condition and repair (reasonable wear and tear excepted) together with all alterations, additions, and improvements that may have been made in, to, or on the leased premises. d. Termination Upon Failure to Obtain Commercial Harbor Activities Permit from City of Newport Beach Notwithstanding any other provision of this lease, should the Lessee be unable to secure a Commercial Harbor Activities Permit from the City of Newport Beach permitting Lessee to conduct business on the leased premises in a manner acceptab-le to Lessee on or before 5:00 P.M., February 25, 1992, Lessee may, by written notice to Lessor, terminate this lease with no further liability. In such event, Lessor shall return to Lessee the full security deposit in the amount of Ten Thousand and no/100 Dollars ($10,000.00) and the first month's rent in the amount of Five Thousand Three Hundred Fifty and no/100 Dollars ($5,350.00) which had been deposited with the Lessor concur- rently with the execution of this lease. It is anticipated that a hearing on the application; of the Lessee for a Commercial Harbor Activities Permit will be conducted by the Newport Beach City Council on February 24;"1992 In the event the City Council does not act upon the application on said evening and the matter is continued, it would be anticipated that such action would take place on March 9, 1992. In such event, notwithstanding the necessity of the termination of the lease by the Lessee as provided hereinabove, Lessor agrees to enter into good faith negotiations to extend Lessee's right of termination until March 10, 1992. Itis expressly acknowledged by the Lessor that obtaining such Commercial Harbor Activities Permit is a condition precedent to Lessee's leasing 2 the leased premises and that the lease, as far as Lessee is concerned, has no economic value whatsoever without such Permit. 4. Rent a Monthly Rent Lessee shall pay Lessor as minimum monthly rent, with- out deduction, set off, prior -notice, or demand the sum of five thou- sand three hundred fifty and no/l00 dollars ($5,350.00) per month in advance on the first day of each month, the first payment due thereof for the month of May, 1992, shall be payable concurrently with the execution of this lease. All 'rent shall be 'paid to Lessor at the address to which notices to Lessor are given. The monthly rent provided for herein, shall be subject to adjustment at the commencement of the second year of the lease term and every year thereafter (the "Adjustment Date") as follows: The base for computing the adjustment is the Consumer Price Index (all items) for the Los Angeles -Long Beach Metropolitan area, published by the United States Department of_Labor, 'Bureau of Labor Statistics ("Index"), which is published for the date nearest the date of the commencement of the term ("Beginning Index"). If,the Index published nearest the Adjustment Date ("Extension Index") has increased over the,Beginning,Index, the minimum monthly rent for the following years (until the next rent adjustment) shall be set by multiplying the minimum monthly rent set forth herein by a fraction, the numerator of which is the Extension Index and the denominator of which is the Beginning Index. In no case shall the minimum monthly rent be less than the minimum monthly rent set forth herein as of the commencement date of this lease. Further, it is agreed by the parties that in no event 'shall the adjustment be less than an increase two percent (2%) nor more than five percent (5%) of the previous years monthly rental. on adjustment of the minimum monthly rent as provided in this lease, the Lessor shall immediately execute an notice addres sed to Lessee stating the new minimum monthly rent. If the Index is changed so that the base year differs from that used as of the date immediately preceding the month in which the term commences, the Index shall be converted in accordance with the conversion factor published by the United States Department of Labor, _Bureau of -Labor Statistics. If the Index is discontinued or revised during the term, such other government index_ or computation with which it is replaced ;shall be 'used in order to obtain substan- tially the same result as would be obtained if the Index had not been discontinued or revised: b. Real and Personal Property Taxes (1) Lessee shall pay to Lessor, as additional rent, all real property taxes and assessments levied against the leased premises 3 th t there is -not a and the improvements located thereon. In a even separate tax bill for the demised premises, Lessor, shall provide Lessee with a statement showing Lessee's portion of said property tax based upon the total square feet leased by Lessee as it relates to the total square footage of the Lessor's property. Said amount shall be payable in two installments each year; the first installment due on the first (1st) day of April of each year, and the second installment due on the first day of December of each year, and continuing during each subsequent year of the term or extended term of this Lease on said dates. Lessor, upon receipt of the tax bill from the County Assessor shall present a copy of same to the Lessee; Lessee's obliga- tion to pay for same to Lessor shall be as set forth herein, not- withstanding the delinquent date as stated on said tax bill.' (2) Lessee shall also pay, when due, the commercial pier tax and any and all other taxes assessed` against the personal property of Lessee in and about the leased premises. (3) This lease is intended to be a net Tease to Lessor under which Lessee shall pay all expenses, damages and deductions of every kind or sort whatsoever that would have been chargeable against said leased premises and paid for by Lessor. Lessee shall, however, be under no obligation to pay interest on any mortgage on the fee of the leased premises, any 'franchise fee or income tax payable by Lessor or any gift, inheritance, estate, or succession tax by reason of any present or future law which may be enacted during the term of this lease or any extension thereof. Furthermore, Lessee shall not be obligated to pay any obligation created by or properly chargeable to any other tenant of the Lessor who leases a portion of the Lessor's property adjoining the leased premises. C. Late Charge Lessee acknowledges that late payment by Lessee to Lessor of rent will cause Lessor to incur costs not contemplated by this Lease, the exact amount"of such costs being extremely difficult and impracticable to fix. Therefore, if any installment of rent due from Lessee is not received by Lessor within ten (10) days of the date due, Lessee shall pay to Lessor an additional sum of five (5%) percent of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by -reason of late payment by Lessee. Acceptance, of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, or prevent Lessor''from-exercising any of the other rights and remedies available to Lessor. -d. Security Deposit (1) Concurrently with the execution of this lease, Lessee shall deposit with Lessor the sum of Ten Thousand Dollars and no/100 ($10,000.00) to insure the faithful performance of each and every provision of this lease to be performed by the Lessee. Lessor's - a obligations with respect to the security deposit are those of a debtor and not a trustee. Lessor shall have the right to commingle the secu- rity deposit with Lessor's general and other funds (2) If at any time during this term of this lease, any of the rent shall be overdue and unpaid, then Lessor may, at its option, appropriateand apply any portion of the Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure of Lessee to keep and -perform all of the terms, covenants and conditions of this lease to -be kept and performed by Lessee, then at its option, Lessor may, after terminating this lease, appropriate and apply the entire deposit, or so much thereof as may be necessary to compensate Lessor for all loss or damage sustained or suffered by Lessor due to such breach on the part of Lessee. Should the entire security deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of overdue rent or 'other sums due and pay- able to Lessor by Lessee, then Lessee shall, upon written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore such deposit to the original deposit. 5. Use of ` Premises The leased premises shall be used primarily by the Lessee for the operation of excursion and sightseeing boats offering narrated tours and charter parties for hire on a per person (tickets sold to individuals) basis or for charter of the entire boat by the general public and customers of Lessee, as the premises have been historically. used. The use shall also include the possibility of the rental of other watercraft to, the public and any other boating business permit- ted by law. Lessee agrees not to carry on any operations in or upon the demised premises or make any use thereof which may be prohibited by any law or regulation, and further agrees not to keep in, on, or about said premises, any materials, goods or other things which will in any way tend to increase' insurance rates or fire risk on said premises. Lessee shall not permit waste, damage or injury to the premises during the term of this 'lease and shall not carry on any activity which may constitute a nuisance or may for any reason be obnoxious, dangerous of offensive. 6. Maintenance a. Maintenance of Building The Lessee shall, at its expense, maintain the exterior walls, roof and structural members of the building on the leased premises, including exterior glass and shall repair all signs (in- cluding lighting on all exterior signs), exterior lighting (light - bulbs), and including, not by way of limitation, all interior plumbing and electrical with respect to the Lessee's portion of the leased 5 premises In addition, Lessee shall repair and maintain the piers, floats, ramps, pilings and docks and every part thereof which are on the leases premises. It is understood that Lessee shall not be respon- sible for maintenance of structures occupied by other tenants of the Lessor. Lessee shall keep clean and maintain in good painted condition all exterior portions of the buildings and signs. In the event Lessee fails to maintain said building in good order and repair, after a f if teen (15) day notice from Lessor, Lessor may cause said maintenance to be performed and the cost shall'be and constitute additional rent and shall be paid by Lessee to Lessor without demand. Lessee shall make any and all additions or repairs in and about the land and improvements which may be required by law and shall otherwise observe and comply with all public laws, ordinances, and regulations from time to time applicable to the land; and Lessee shall indemnify and save harmless Lessor against all actions, claims and damages by reason of Lessee's failure to comply with and perform the provisions of this section. b. Maintenance of Exterior Areas Furthermore, Lessee agrees to clean, on a daily basis all exterior areas of the premises, including, but not limited to the area around the building on the leased premises and the docks 7. Alterations Lessee shall not make any alterations, additions or changes in the leased premises without the written consent of Lessor and if permission therefor is given by Lessor, all of the same shall be made at the sole cost and expense of Lessee and shall be and remain the property of Lessor upon termination of this lease. Lessee may not remove trade fixtures placed upon the demised premises at the end of the leasehold term, nor may Lessee create any chattel leases or secu- rity agreements against any such permanent fixtures in and about the premises, it being expressly understood that all such fixtures shall be and remain the property of the Lessor. 8. Utilities Lessee agrees to pay for all gas, light, heat, water, trash. service and other utility services furnished to the property during the term of the lease. Lessee shall pay for any separate meters for such utilities to insure that the Lessee is not paying for utilities used by other tenants of the Lessor. 9. Indemnity/Insurance Lessor shall not be responsible for the conduct of business by Lessee upon the demised premises, and Lessee shall be solely re- sponsible for accidents and injuries to all persons and property upon said demised premises proximately caused by any act of the Lessee, 6 including injuries of any nature to any business invitee or employee who is injured anywhere on the premises leased by the,Lessee. Lessee agrees to indemnify and hold Lessor harmless from every claim for such damages and to hold Lessor harmless from costs of expenses which Lessor may incur in defending Lessor against any such claims for damages, including attorneys fees and 'court costs. Lessee agrees to purchase and carry adequate insurance to protect itself and Lessor from any and all damages sustained for personal injuries and/or prop- erty damage upon said demised premises and Lessee shall at all times keep said insurance in full force and effect, which said insurance policies shall be written for the benefit of both Lessor and Lessee as their interests may appear. Said policy of insurance shall be with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) and Lessor shall be named as an additional insured on any policy of insurance. All notices concerning such insurance shall be sent to the Lessor by such insurance carrier. Lessee shall also carry and maintain a broad form fire insurance policy on the leased premises insuring the build- ing and all of its furniture, fixtures and contents from any and all losses. Lessor shall be the loss payee on any such policy and shall be entitled to receive proof of such coverage at the _inception of cover- age as well as copies of any notices concerning said insurance. 10. Destruction a. If, during the term of this lease, the premises or the building and other improvements in which the premises are located, are totally or partially destroyed from any cause rendering the pre- mises totally or partially inaccessible or unusable, Lessor shall restore the premises, or the building and other improvements in which the premises are located, to substantially the same condition as they were in immediately before destruction if the restoration, can be made under the existing laws and can be completed within three hundred sixty (360) days after the date of the destruction. Such destruction shall not terminate this lease provided that the damage is covered by fire or other casualty insurance under a full: standard extended risk policy and Lessor shall receive the 'insurance proceeds required to restore said premises to substantially the same condition as they were in prior to the destruction of said premises. If the restoration cannot be made in the time stated in this paragraph, then fifteen (15) days after the parties determine that the restoration cannot be made, in the time stated in this 'para- graph, Lessee can terminate this lease immediately by giving notice to Lessor. If Lessee fails to terminate this lease and-if.restoration is permitted under the existing laws, Lessor, at its election, can either terminate thisleaseor restore the premises, or the building and other improvements in which the premises are located, within a rea- sonable time and this lease shall continue in full force and effect. If the existing laws do not permit the restoration, either party can terminate this lease immediately by giving notice to the other party.' FA U I th t f b t tial dams a or destruction to the n e even o sus an g Leased Premises and a determination is made to repair.,or restore, the premises, then the rent payable hereunder for the period during'such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the premises is impaired.1 11. Assignment or Sublease For and in consideration of the agreement herein made, Lessee shall not assign this lease or any interest therein, or sublet the 'leased premises, or any part thereof, or any right or privilege appurtenant to it, or allow any person, other than Lessee ands its agents and employees, to occupy or use the premises, or any part of them, without first obtaining Lessor's written consent thereto.ISaid consent shall not be unreasonably withheld. Lessor's consent to one assignment, sublease, or use shall not be a consent to any subsequent assignment or sublease, or occupancy or use by another person. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at the Lessor's option. Lessee's interest in this lease is not assignable by operation of law without Lessor's written consent. 12. Default If any rent herein reserved, or any part `thereof, shall be in default or if Lessee shall violate or default in any of the 'cove- nants, agreements, stipulations or conditions herein, and after writ- ten notice to Lessee as herein provided Lessee has not cured I,said default as required herein, then the Lessor, at its option may declare this lease terminated and avail itself to whatever remedies are avail- able to Lessor by then applicable law. In addition to the foregoing, Lessor reserves the right to avail itself of the remediescontained in. Civil Code Sections 1951.1 and 1951.4, or any other provision of the law available to the Lessor. Rent not paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by law to charge and may be collected by Lessor in addition to any other damages Lessor is entitled to upon default. Lessor's remedies are cumulative. 13 Bankruptcy; Attachment; Execution In the event Lessee is 'adjudicated a bankrupt, or in the event an attachment or execution is levied on said premises, or the; contents thereof, belonging to Lessee, and such attachment or execu- tion is not released within fifteen (15) days after the levy thereof, or if a receiver be appointed for the business of said Lessee by any court, then this lease by operation of law, or otherwise, shall not west any interest in said transferee or assignee and in any such event, Lessor may re-enter upon said premises and take possession thereof without notice to Lessee or such transreree or assignee. 8 14.Miscellaneous Provisions a. Attorney's Fees In the event that it is deemed reasonably necessary for either party hereto to bring an action for enforcement of any of the provisions of this lease, the prevailing party in said action shall be entitled to recover all costs and a reasonable attorney's fee to be fixed by the court in such action. b. Access to Property Lessee shall allow Lessor or its agents free access at all reasonable times to said premises for the purpose of inspection or for making repairs. C. Waiver It is further agreed that no waiver by Lessor of a breach by Lessee of any covenants, agreement, stipulation or condition of this lease shall be construed to be a waiver of any succeeding breach of any covenant, agreement, stipulation or condition. It is further agreed that all covenants,'stipulations, conditions and agree- ments herein contained shall extend to and be binding upon and inure to the benefit of the heirs, administrators, executors, successors and assigns of the parties hereto 4 d. Liens Lessee shall at all times keep the demised premises free and clear of all liens and encumbrances of any kind created or suffered by Lessee or anyone claiming under said Lessee. e. Personal Property of Lessee It is further agreed that all personal property placed in or upon said demised premises shall be placed there at the risk of Lessee and that Lessor shall not be liable for damage either to per- sons or property sustained for any reason whatsoever. f. Notices Any notices to be given under the terms of this Lease shall be given either by leaving such notice personally with the party to whom said notice is to be given, or by sending the same by regis- tered or certified mail as follows: TO THE LESSOR: Mr. and Mrs. John Westrem 1006 E. Balboa Blvd. Balboa, CA 92661 9 TO THE LESSEE: Catalina Passenger Service, Inc. 400 Main Street Balboa, CA 92661 9. Time is of the Essence Time is of the 'essence of this Lease. IN WITNESS WHEREOF, the parties execute this lease on the date indi sated below at Newport Beach, California. Dated: February 13, 1992 LESSOR THE WESTREM FAMILY REVOCABLE LIVING TRUST N 8-8-89 JOHN L. WESTREM, Trustee EVELYN M. WESTREM, Trustee Dated: February 13, 1992 LESSEE CATALINA PASSENGER SERVICE, INC. a California corporation By: ROBERT BLACK Its President 10 ` •. �gT. )sob MAUNA PASSENGER SERVICE, INC. 400 Main Street, Balboa, CA 92661 7141673-5245 FAX 714/673-8340 February 13, 1992 Mr. Tony Melum, Tidelands Administrator Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, California 9265971658 Re: Transfer of Commercial Harbor Activities Permit as a Result of Change of Lessee - 705 Edgewater, Balboa, California Dear Mr. Melum: - Submitted herewith is an application for the Transfer of Commercial Harbor Activities Permit as a Result of Change of Lessee for the premises at 705 Edgewater, Balboa, California. For your further information is a copy of the lease which we entered into with the owner of the property. As you will note the commencement date of the lease is May 1, 1992, and it would be our request that the requested transfer be effective that date, it being the date that Catalina Passenger Service, Inc. will commence occupying the pre- mises.- It remises..It is the intent of Catalina Passenger Service, Inc. to operate from the premises in the same manner as is permitted under the current application granted for the premises. Catalina Passenger Service, Inc. owns two vessels, the Pavilion Queen and the Pavilion Paddy. The Pavilion Queen has a capacity of 150 and the Pavilion Paddy has a capacity of 70. Both of these vessels would operate from the location which is the subject of this application. As the property has prior legal non conforming rights to handle an addi- tional 165 passengers, it would be our intent, at some time in the future to add an additional vessel with like capacity. The application does not, in any way, change the operational char- acteristics from the current permit. Obviously, it is necessary to transfer the permit in as much as the current operator will no longer be the lessee of the premises. We will continue to operate the vessels with the same profession- alism which has been our trademark through the years. It would also be our intent to maintain the premises from where we operate the vessels in a first class condition, in the same manner as we have maintained the operation from the Pavilion. We believe that we have COMMERCIAL LEASE OF REAL PROPERTY THIS LEASE is made by and between JOHN L. WESTREM and EVELYN M. WESTREM, as Trustees, to THE WESTREM FAMILY REVOCABLE LIVING TRUST, UTD 8-8-89, hereinafter collectively referred to as "Lessor," and CATALINA PASSENGER SERVICE, INC., a California corporation, hereinaf- ter referred to as "Lessee." 1. Lease; Premises a. Description Lessor hereby leases to Lessee upon the terms, condi- tions and reservations hereinafter stated, a portion of the following described property located in the City of Newport Beach, County of Orange, State of California: FOR THE PURPOSES OF THIS LEASE, THE PROPERTY IS DESCRIBED AS: The real property located at 705 Edgewater, Balboa, California, which is limit- ed to the waterfront portion of said premises from the pier head line on the north extending south, approximately 201, to the public right of way on the south. The leased premises shall exclude the property currently occupied by the food concession business on the east side of said area and shall include the office on the west side of said area. Also included in the leased premises are all of the piers, docks and floats which shall be exclusively under the dominion and control of the Lessee during the entire term of this lease. The property is approximately 901 wide and approximately 20' from the sidewalk to the bulkhead. The patio area may be used by the Lessee and its business invitees on a non-exclusive basis. A diagram defining the "leased premises" including the real property, improvements thereon, and the piers, docks and floats is attached hereto, marked "Exhibit A", and made a part hereof by reference. Said property is commonly known as 705 Edgewater, Newport Beach, California, and is hereinafter described as the "leased premises," "premises" or property." Lessor agrees to provide Lessee with a legal description of the leased premises. b. Improvements The premises leased herein are improved with a single building of approximately 200 square feet currently used as a ticket office, a concrete surface over the property; a bulkhead and the docks which currently exist bayward of the bulkhead. 3. Term a. Lease Term The term of this lease shall commence on May 1, 1992, and shall continue for a period of ten (10) years until April 30, 2002, at which time it shall terminate, unless the Lessee exercises any rights of first refusal granted herein. b. Right of First Refusal to Extend Lease In the event Lessee is not in default of any of the terms and conditions of the existing lease and Lessor, prior to the expiration of the term of this lease, receives an bona fide offer, whether or not solicited by Lessor, from a person 'other than the Lessee to lease the premises for a term commencing at the termination' of this lease, and if the Lessor is willing to accept such offer, Lessor shall give three (3) days written notice of the terms of the offer, and its willingness to- accept the offer to.the Lessee. The Lessee shall have the option to lease the premises on the same terms. and conditionsas those contained in the offer to lease, provided Lessee notifies Lessor, in writing, of its acceptance within fifteen (15) days after receipt of said notice from Lessor. In the event that the Lessor has transferred or sold the premises to a third party, not a party, assignee or related entity to this lease, this right of first refusal shall terminate and not be exercisable by the Lessee. C. Surrender Upon Termination On the last day or sooner` termination of the lease term, Lessee shall quit and surrender the premises, broom clean, in good condition and repair (reasonable wear and tear excepted) together with all alterations, additions, and improvements that may have been made in, to, or on the leased premises. advance on the first day of each month, the first payment due thereof for the month of May, 1992, shall be payable concurrently with the execution of this lease. All rent shall be paid to Lessor at the address to which notices to Lessor are given. The monthly rent provided for herein, shall be subject to adjustment at the commencement of the second year of the lease term and every year thereafter (the "Adjustment Date") as follows: The base for computing the adjustment is the Consumer Price Index (all items) for the Los Angeles -Long Beach Metropolitan area, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the date of the commencement of the term ("Beginning Index"). If.the Index published nearest the Adjustment Date ("Extension Index") has increased over the Beginning Index, the minimum monthly rent for the following years (until the next rent adjustment) shall be set by multiplying the minimum monthly rent set forth herein by a fraction, the numerator of which is'the Extension Index and the denominator of which is the Beginning Index. In no case shall the minimum monthly rent be less than the minimum monthly rent set forth herein "as of the commencement date of this lease. Further, it is agreed by the parties that in no event shall the adjustment be less than an increase two percent (2%) nor more than five percent (5%) of the previous years monthly rental. On adjustment of the minimum monthly rent as provided in this lease, the Lessor shall immediately execute an notice addres- sed to Lessee stating the new minimum monthly rent. If the Index is changed so that the base year differs from that used as of the date immediately preceding the month in which the term commences, the Index shall be converted in accordance with the conversion factor' published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised during the term, such other government index -or computation with which it is replaced shall be used in order to obtain substan- tially the same result as would be obtained if the Index had not been discontinued or revised. b. Real and Personal Property Taxes (1) Lessee shall pay to Lessor, as additional rent, all real property taxes and assessments levied against the leased premises 3 and the improvements located thereon. In the event there is not a separate tax bill for the demised premises, Lessor, shall provide Lessee with a statement showing Lessee's portion of said property tax based upon the total square feet leased by Lessee as it relates to the total square footage of the Lessor's property. Said amount shall be payable in two installments each year; the first installment due on the first (1st) day of April of each year, and the second installment due on the first day of December of each year, and continuing during each subsequent year of the term or extended term of this Lease on said dates. Lessor, upon receipt of the tax bill from the County Assessor shall present a copy of same to the Lessee; Lessee's obliga- tion to pay for same to Lessor shall be as set forth herein, not- withstanding the delinquent date as stated on said tax bill. (2) Lessee shall also pay, when due, the commercial pier tax and any and all other taxes assessed against the personal property of Lessee in and about the leased premises. {3) This lease is intended to be a net lease to Lessor under which Lessee shall pay all expenses, damages and deductions of every kind or sort whatsoever that would have been chargeable against said leased premises and paid for by Lessor. Lessee shall, however, be under no obligation to pay interest on any mortgage on the fee of the leased premises, any franchise fee or income tax payable by Lessor or any gift, inheritance, estate, or succession tax by reason of any present or future law which may be enacted during the term of this lease or any extension thereof. Furthermore, Lessee shall not be obligated to pay any obligation created by or properly chargeable to any other tenant of the Lessor who leases a portion of the Lessor's property adjoining the leased premises c. Late Charge Lessee acknowledges that late payment by Lessee to Lessor of rent will cause Lessor to incur costs not contemplated` by this Lease, the exact amount -of such costs being extremely difficult and impracticable to fix. Therefore, if any installment of rent due from Lessee is not received by Lessor within ten (10) days of the date due, Lessee shall pay to Lessor an additional sum of five (5%) percent of the overdue rent as a late charge. The parties agree that this late charge represents a fair and reasonable estimate of the costs that Lessor will incur by�reason of late payment by Lessee. Acceptance, of any late charge shall not constitute a waiver of Lessee's default with respect to the overdue amount, or prevent Lessor --from exercising any of the other rights and remedies available to Lessor. d. Security Deposit (1) Concurrently with the execution of this lease Lessee shall de 't with Lessor the sum of *very insure the faithful perormance oeac provision of this lease to be performed by the Lessee. Lessor's 4 obligations with respect to the security deposit are those of a debtor and not a trustee. Lessor shall have the right to commingle the secu- rity deposit with Lessor's general and other funds. (2) If at any time during this term of this lease, any of the rent shall be overdue and unpaid, then Lessor may, at its option, appropriate and apply any portion of the Security Deposit to the payment of any such overdue rent or other sum. In the event of the failure of Lessee to keep and perform all of the terms, covenants and conditions of this lease to be -kept and performed by Lessee, then at its option, Lessor may, after terminating this lease, appropriate and apply the entire deposit, or so much thereof as may be necessary to compensate Lessor for all loss or damage sustained or suffered by Lessor due to such breach on the part of Lessee. Should the entire security deposit, or any portion thereof, be appropriated and applied by Lessor for the payment of overdue rent or other sums due and pay- able to Lessor by Lessee, then Lessee shall, upon written demand of Lessor, forthwith remit to Lessor a sufficient amount in cash to restore such deposit to the original deposit. 5. Use of Premises The leased premises shall be used primarily by the Lessee for the operation of excursion and sightseeing boats offering narrated tours and charter parties for hire on a per person (tickets sold to individuals) basis or for charter of the entire boat by the general public and customers of Lessee, as the premises have been historically used. The use shall also include the possibility of the rental of other watercraft to the public and any other boating business permit- ted by law. Lessee agrees not to carry on any operations in or upon the demised premises or make any use thereof which may be prohibited by any law or regulation, and further agrees not to keep in, on, or about said premises, any materials, goods or other things which will in any way tend to increase insurance rates or fire risk on said premises. Lessee shall not permit waste, damage or injury to the premises during the term of this lease and shall not carry on any activity which may constitute a nuisance or may for any reason be obnoxious, dangerous of offensive. 6. Maintenance a. Maintenance of Building The Lessee shall, at its expense, maintain the exterior walls, roof and structural members of the building on the leased premises, including exterior glass and shall repair all signs (in- cluding lighting on all exterior signs), exterior lighting (light - bulbs), and including, not by way of limitation, all interior plumbing and electrical with respect to the Lessee's portion of the leased 5 premises. In addition, Lessee shall repair and maintain the piers, floats, ramps, pilings and docks and every part thereof which are on the leases premises. It is understood that Lessee shall not be respon- sible for maintenance of structures occupied by other tenants of the Lessor. Lessee shall keep clean and maintain in good painted condition all exterior portions of the buildings and signs. In the event Lessee fails to maintain said building in good order and repair, after a fifteen (15 ) day notice from Lessor, Lessor may cause said maintenance to be performed and the cost shall be and constitute additional rent and shall be paid by Lessee to Lessor without demand. Lessee shall make any and all additions or repairs in and about the land and improvements which may be required by law and shall otherwise observe and comply with all public laws, ordinances, and regulations from time to time applicable to the land; and Lessee shall indemnify and save harmless Lessor against all actions, claims and damages by reason of Lessee's failure to comply with and perform the provisions of this section. b. Maintenance of Exterior Areas Furthermore, Lessee agrees to clean, on a daily basis all exterior areas of the premises, including, but not limited to the area around the building on the leased premises and the docks. 7. Alterations Lessee shall not make any alterations, additions or changes in the leased premises without the written consent of Lessor and if permission therefor is given by Lessor, all of the same shall be made at the sole cost and expense of Lessee and shall be and remain the property of Lessor upon termination of this lease. Lessee may not remove trade fixtures placed upon the demised premises at the end of the leasehold term, nor may Lessee create any chattel leases or secu- rity agreements against any such permanent fixtures in and about the premises, it being expressly understood that all such fixtures shall be and remain the property of the Lessor. 8. Utilities Lessee agrees to pay for all gas, light, heat, water, trash service and other utility services furnished to the property during the term of the lease. Lessee shall pay for any separate meters for such utilities to insure that the Lessee is not paying for utilities used by other tenants of the Lessor. 9. Indemnity/Insurance Lessor shall not be responsible for the conduct of business by Lessee upon the demised premises, and Lessee shall be solely re- sponsible for accidents and injuries to all persons and property upon said demised premises proximately caused by any act of the Lessee, C including injuries of any nature to any business invitee or employee who is injured anywhere on the premises leased by the Lessee. Lessee agrees to indemnify and hold Lessor harmless from every claim for such damages and to hold Lessor harmless from costs of expenses which Lessor may incur in defending Lessor against any such claims for damages, including attorneys fees and court costs. Lessee agrees to purchase and carry adequate insurance to protect itself and Lessor from any and all damages sustained for personal injuries and/or prop- erty damage upon said demised premises and Lessee shall at all times keep said insurance in full force and effect, which said insurance policies shall be written for the benefit of both Lessor and Lessee as their interests may appear. Said policy of insurance shall be with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) and Lessor shall be named as an additional insured on any policy of insurance. All notices concerning such insurance shall be sent to the Lessor by such insurance carrier. Lessee shall also carry and maintain a broad form fire insurance policy on the leased premises insuring the build- ing and all of its furniture, fixtures and contents from any and all losses. Lessor shall be the loss payee on any such policy and shall be entitled to receive proof of such coverage at the inception of cover- age as well as copies of any notices concerning said insurance.. 10. Destruction a. If, during the term of this lease, the premises or the building and other improvements in which the premises are located are totally or partially destroyed from any cause rendering the pre- mises totally or partially inaccessible or unusable, Lessor shall restore the premises, or the building and other improvements in which the premises are located, to substantially the same condition as they were in immediately before destruction if the restoration can be made under the existing laws and can be completed within three hundred sixty (360) days after the date of the destruction. Such destruction shall not terminate this lease provided that the damage is covered by fire or other casualty insurance under a full standard extended risk policy and Lessor shall receive the insurance proceeds required to restore said premises to substantially the same condition as they were in prior to the destruction of said premises. If the restoration cannot be made in the time stated in this paragraph, then fifteen (15) days after the parties determine that the restoration cannot be made in the time stated in this para- graph, Lessee can terminate this lease immediately by giving notice to Lessor. If Lessee fails to terminate this lease and if restoration is permitted under the existing laws, Lessor, at its election, can either terminate this lease or restore the premises, or the building and other improvements in which the premises are located, within a rea- sonable time and this lease shall continue in full force and effect. If the existing laws do not permit the restoration, either party can terminate this lease immediately by giving notice to the other party. 7 b. In the event of substantial damage or destruction to the Leased Premises and a determination is made to repair or restore the premises, then the rent payable hereunder for the period during such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the premises is impaired. 11. Assignment or Sublease For and in consideration of the agreement herein made, Lessee shall not assign this lease or any interest therein, or sublet the leased premises, or any part thereof, or any right or privilege appurtenant to it, or allow any person, other than Lessee and its agents and employees, to occupy or use the premises, or any part of them, without first obtaining Lessor's written consent thereto. Said consent shall not be unreasonably withheld. Lessor's consent to one assignment, sublease, or use shall not be a consent to any subsequent assignment or sublease, or occupancy or use by another person. Any unauthorized assignment or sublease shall be void, and shall terminate this lease at the Lessor's option. Lessee's interest in this lease is not assignable by operation of law without Lessor's written consent. 12. Default If any rent herein reserved, or any part thereof, shall be in default or if Lessee shall violate or default in any of the cove- nants, agreements, stipulations or conditions herein, and after writ- ten notice to Lessee as herein provided, Lessee has not cured said default as required herein, then the Lessor, at its option may declare this lease terminated and avail itself to whatever remedies are avail- able to Lessor by then applicable law. In addition to the foregoing, Lessor reserves the right to avail itself of the remedies contained in Civil Code Sections 1951.1 and 1951.4, or any other provision of the law available to the Lessor. Rent not paid when due shall bear interest from the date due until paid at the maximum rate an individual is permitted by to charge and may be collected by Lessor in addition to any other damages Lessor is entitled to upon default. Lessor's remedies are cumulative. 13. Bankruptcy; Attachment; Execution In the event Lessee is adjudicated a bankrupt, or in the event an attachment or execution is levied on said premises, or the contents thereof, belonging to Lessee, and such attachment or execu- tion is not released within fifteen (15) days after the levy thereof, or if a receiver be appointed for the business of said Lessee by any court, then this lease by operation of law, or otherwise, shall not vest any interest in said transferee or assignee and in any such event, Lessor may re-enter upon said premises and take possession thereof without notice to Lessee or such transferee or assignee. 0 14. Miscellaneous Provisions a. Attorney's Fees In the event that it is deemed reasonably necessary for either party hereto to bring an action for enforcement of any of the provisions of this lease, the prevailing party in said action shall be entitled to recover all costs and a reasonable attorney's fee to be fixed by the court in such action. b. Access to Property Lessee shall allow Lessor or its agents free access at all reasonable times to said premises for the purpose of inspection or for making repairs. C. Waiver It is further agreed that no waiver by Lessor of a breach by Lessee of any covenants, agreement, stipulation or condition of this lease shall be construed to be a waiver of any succeeding breach of any covenant, agreement, stipulation or condition. It is further agreed that all covenants, stipulations, conditions and agree- ments herein contained shall extend to and be binding upon and inure to the benefit of the heirs, administrators, executors, successors and assigns of the parties hereto. d. Liens Lessee shall at all times keep the demised premises free and clear of all liens and encumbrances of any kind created or suffered by Lessee or anyone claiming under said Lessee. e. Personal Property of Lessee Itis further agreed that all personal property placed in or upon said demised premises shall be placed there at the risk of Lessee and that Lessor shall not be liable for damage either to per- sons or property sustained for any reason whatsoever. f. Notices Any notices to be given under the terms of this lease shall be given either by leaving such notice personally with the party to whom said notice is to be given, or by sending the same by regis- tered or certified mail as follows: TO THE LESSOR: Mr. and Mrs. John Westrem 1006 E. Balboa Blvd. Balboa, CA 92661 01 TO THE LESSEE: Catalina Passenger Service, Inc. 400 Main Street Balboa, CA 92661 g. Time is of the Essence Time is of the essence of this Lease. IN WITNESS WHEREOF, the parties execute this 'lease on the date indi- cated below at Newport Beach, California. Dated: February 13, 1992 LESSOR THE WESTREM FAMILY REVOCABLE LIVING TRUST D 8-8-89 I /A7//f/4;4�7 J HN L. WESTRM, 9Trustee P,VELYWM. WESTREM, Trustee Dated: February 13, 1992 LESSEE CATALINA PASSENGER SERVICE, INC. a California corporation B : ROBERT BLACK, Its President 10 November 6, 1990 Dorothy Taylor Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Nis. Taylor: This will confirm the main points discussed today in our phone conversation regard the vessel Tiki on last Wednesday evening. The City received a complaint regarding the level of amplified music onboard the vessel. It was audible from mid - channel to the shore along the peninsula. The Marine Department wants to remind you and your captains of one of the conditions applied to all charter boat and commercial activity permittees conducting charters in the harbor. This is the requirement to have the level of all amplified sound low enough so that it will not be audibility for a distance in excess of'50 feet from the hull and the volume is not unreasonably loud.. Please take a few minutes to discuss this with your ?goat ooerators. Thank you, Wes Armand Marine Department 3300 Newport Boulevard, Newport Beach \ U 4 .. .. — — 3891 FUN ZONE BOAT CO., INC t,,PA 700 EDGEWATER 714-673-0240BALBOA, CA 92661C 90-7101/3222 i9,THE OF 7 (� a n n� Eti \1 K --r DOLLARS Grew American Bank,'�� 600 EAST 6AEBOA BOULEVARD NEWPORT 6EAC77; CAEIFORN7A 92667 MEM 1:3222?10121:3a91 1092i0341311' FUN ZONE BOAT CO. INC. PHONE (714) 673-0240 #95-2004549 DAL GRETTENBERG 700 EDGEWATER NEWPORT HARBOR CRUISES BALBOA, CA. 92661 "BELLE" -QUEEN- "SHOWBOAT" "TIKI" Mr. Wes Armand City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, California 92659-1768 july 17, 1990 Dear Mr. Armand, Approximately 30 years ago, we received a letter from the City of Newport Beach authorizing the Fun Zone Boat Company to pick up small groups of passengers at public piers at a resident's request. Additionally, we have always boarded passengers at the docks of various yacht clubs, restaurants and private piers throughout Newport Harbor. For large groups of non-residents, we board at our dock at 700 East Edgewater. This authorization was granted with the stipulation that the Fun Zone Boat Company provide adequate insurance coverage. Sincerely, Dal Grettenberg Owne re-si ent /Ji CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Business Name: .a= maili .Du=;,,city and Zip Telephone 644-3044 R PERMIT APPLICATION C 0 M M E R—C LA—L JR —AR—B 065- 0 Q EM F e �e3 .J� Business Tel If business is a co I rporation or operated under a or partnership, please indicate ALL principals® *�l c+s^ahnne for each: name 3. address and telephone number of the person, or persons, Give name, agement responsibility for applicant who will have general man business: (-, N Please give a,,,comPlete de scription of the proposed Method of oand/or otherti facilites, including, peration of vessel, watercraft but not limited to: -----"--- 1. Locat4on where Wrel will be Permanently berthed I n �K 2. LOcation where pas ers will be loaded and unloaded_____� lbl_ V�31 W) 3. Maximum number of passengers carried (include cre es and 4. Location where required paange s, emploY� pr ovided: ill wil il W! be crew w -Iff . 5® Days business will operate: 3.30NewportBoulevard, Newport each 6i Hours of operatio 7. Routes of Travel: Types of activities permitted on board:�-� 8. Typ v y. Types of merchandise to be s0- 1o. Is Coast Guard certification required? -4 If not, Why not? 11. Type and amount of liability insurance carried for this operatio Carrier• \, other pertinent information: 13. Describe manner d to -• •• resultingsewage and litter from operation :� 14. Describe the type proposes® if any:_ entertainment which the applicant PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR ,OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DX A AS MAY BE NEEDED FO .PROPER EVALUATION OF THIS APPLICATION s -,� I declare under penalty of perjury that the foregoing as true and correct: 1 � Date_' � Signature: Tele hone \r p Residence address TO BE FORWARDED TO FOLLOWING FOR INVESTIGATION & RECOMMENDATION: Chief of Police Orange County Harbor District Other Approved/Denied by Marine Department (and Date) --- -j m VA m m 01- C/) m a m c > co. ZT 0 c X mow D3 m C) � M -0 0 m c• 0 :3 K > CD za: mo m m ic m -6 m 0 z m ch -q 4. C.) C/) m 0 0 0 �--, c C) z m Os 01 > > CJj C/) > =r o- C C5, m 0 C co. ZT 0 TIC: 0 ga m �o mow D3 m C) � M -0 Z7, 2 SL • ro Z c• 0 :3 K -a > Z za: mo c: rm rri mm C.D m m M z 0 z 6s > CJj 4 o- C C5, > > cn D, fl) (0 .0>0co C: KZ. 0 0 :3 K c: n ZT w ' 0( Ti M C� �MKZ OF > — --i C: mm 0 r- Z M mc:> Cp CZ. m z 0 z t > m--1 F) mm� C.) C/) m 0 0 > �--, c C) z Z E) C3 r- M 0 M M1 1 m m cn m M (D -, 'N z F M CD' o( m m3 > CM USC 7 ®9 C-- n T (A ;Pmt> Z 7A n onm co cc > 0 3 4 o- C C5, cn D, fl) (0 0 :3 K c o 0 z C: Cp CZ. -Z3 M Z mm� 0 > cn m M (D -, 'N z 0 M C) :3 FUN ZONE BOAT CO. INC. #95-2004549 PHONE (714).673-0240 DAL GRETTENBERG 700 EDGEWATER NEWPORT HARBOR CRUISES BALBOA, CA. 92661 "BELLE" "QUEEN" "SHOWBOAT" "TIKI" Mr. Wes Armand City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, California 92659-1768 July 17, 1990 Dear Mr. Armand, Approximately 30 years ago, we,received a letter from the City of Newport Beach authorizing the Fun Zone Boat Company to pick up small groups of passengers at public piers at a resident's request. Additionally, we have always boarded passengers at the docks of various yacht clubs, restaurants and private piers throughout Newport Harbor. For large groups of non-residents, we board at our dock at 700 East Edgewater. This authorization was granted with the stipulation that the Fun Zone Boat Company provide adequate insurance coverage. Sincerely, Q� Dal Grettenberg Owner'resident �1 r. - � r ;r v'; J till I :� . .� s �,. July 7, 1980 Mr. Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Mr. Grettenberg: The Marine Department has recently reviewed the commercial operation at 700 Edgewater. Activities occurring at the site and elsewhere in the harbor clearly require the Fun Zone Boat Co. to apply and obtain a Commercial Activities Permit as specified in Chapter 17.41.020. of the Newport Beach Municipal Code. Chapter 17.41.020. " No person shall engage in, or conduct, any commercial activity on the waters of Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this Chapter." Please fill out the Commercial Harbor Permit Application that is attached to this letter and remit same to the Marine Department as soon as possible. Also please find a copy of Chapter 17.41, Commercial Activities on the Waters of Newport µ Harbor, which was enacted in 1984. Aside from obtaining the necessary permit you should be aware of other restrictions involving charter boats. There should absolutely be no boarding or off-loading passengers at any public pier. If you have a charter that is to board or off- load at any location other that your docks at 700 Edgewater, a Special Activities Permit must be obtained and submitted to the City Licensing Office. If you would like to discuss this more with this department, call 644-3044 and arrange a meeting. Sincerely, Wes Armand, Marine Department July 7, 1990 Mr. Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Mr. Grettenberg: The Marine Department has recently reviewed the commercial operation at 700 Edgewater. Activities occurring at the site and elsewhere in the harbor clearly require the Fun Zone Boat Co. to apply and obtain a Commercial Activities Permit as specified in Chapter 17.41.020. of the Newport Beach Municipal Code. Chapter 17.41.020: " No person shall engage in, or conduct, any commercial activity on the waters of Newport Beach, unless that person has obtained a permit for such activity pursuant to the provisions of this Chapter." Please fill out the Commercial Harbor Permit Application that is attached to this letter and remit same to the Marine Department as soon as possible. Also please find d copy of Chapter 17.41, Commercial Activities on the Waters of Newport Harbor, which was enacted in 1984. Aside from obtaining the necessary permit you should be aware of other restrictions involving charter boats. There should absolutely be no boarding or off-loading passengers at any public pier. If you have a charter that is to board or off- load at any location other that your docks at 700 Edgewater, a Special Activities Permit must be obtained and submitted to the City Licensing Office. If you would like to discuss this more with this department, call 644-3044 and arrange a meeting. Sincerely, Wes Armand, Marine Department SEW PO O� CgL�FO RxIk% P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 Da' Grettenlberg Flin Zone Boat Co. 700 Edgewa"[,r;,r Balboa, Ca. 92661 Dear Mr. Grettenberg: Ine Marine Department has recently reviewed the conrmiercJai operat4on ;At /00 Edgewater.. Activities occurring at ',---he site and elsewhere in the harbor clearly require the Fun Zone Boat ,Co. to apply and obtain a Co.=.,ercial Activities Permit as specified in Chapter 17.41.020. of the Newport Beach Municipal Code. Chapter 17.41.020: "leo person shall engage in, or conduct, any co-rmiercial activity on the waters of NewDor+ Beach, unless that person has obtained a permit for ouch activity pursuant to the provisions of this Chapter." 7i - 'lease fill out the Commercial Harbor Permit 4 that Application is attached to this letter r and remit same to the Marine Department as soon as possible. Also please find a copy of Chapter 17.41, Commercial 4eS Activit On the Wa.terS of 1�_.L t- l ewport Harbor, which was enacted in 1984. Aside from obtaining the necessary permit you should be -aware of other restrictions involving charter boats. 'I"here should absolutely be no boarding or off-loading passengers at any public pier. If you have a charter that is to board or off- load at any location other that your docks at 700 Edgewater, a Special Activities Permit must be obtained and submitted to the City Licensing Office. T -F yoU would like to discuss this more 'with this department, call 644-3044 and arrange a :meeting. Sincerely, We.r-,, Armand. Marine Department 3300 Newport Boulevard, Newport Beach c7" WI -1 �,'- CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUT S �?'� �%► G January 22, 1990 L CALL Motion Motion All Ayes x x 16. SPECIAL EVENTS PERMIT - Uphold staff's recommendation to approve amplified sound for Harbor Club Grand Opening on January 26, 1990. (Report from Business License Supervisor) 17. BUDGET AMENDMENTS- For approval: BA -044, $2,000 - Increase in Budget Appropriations and Revenue Estimates for donation from James B. Pick for acquisition of Video Tapes; Libraries -Donations and Contributions Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION on January 4, 1990; and PLANNING COMMISSION AGENDA for January 18, 1990. Motion was made to schedule public hearing on February 12, 1990 on Resubdivision No.'s 913, 916, and 918. Following discussion, Council Member Sansone withdrew his motion inasmuch as the Planning Commission has been requested to look into the possibility of requiring the same off-street parking requirements in Corona del Mar that are required in the Coastal Zone. In view of the foregoing, motion was made to receive and file the subject reports. Council Member Cox stated that he was not in attendance at the study session this afternoon when this subject was discussed, and for the record, he was opposed to requesting the Planning Commission to review same. 2. Letter from Carl P. Writer concerning INCREASING HOURS FOR PARKING METERS TO 10:00 P.M. Tom B. Miller, representing Property House, 6308 W. Coast Highway, addressed the Council in opposition to the change in hours of operation of the parking meters to 10:00 p.m., and stated he felt the change will hurt a great deal of the local businesses in the area. Council Member Turner announced that he and Council Member Sansone (both members of the Off-street Parking Committee) will be reviewing this issue again as a. Volume 44 - Page 31 Special Events Prmt (65) (25) Planning (68) Parking Meters (63) COUNCIL MEMBERS ROLL CALL CITY OF NEWPORT BEACH MINUTES January 22, 1990 entry decks within the proposed 20 foot front yard setback which exceeds three feet in height. The proposal also includes a modification to the Zoning Code so as to permit a 3 foot encroachment into the required 16 foot side yard setback adjacent to the easterly property line. Property located at 2001 and 2101 15th Street, on the southeasterly corner of 15th Street and Irvine Avenue in Cliff Haven. [Report from the Planning Department] 11. ACQUISITION OF PORTIONS OF TWO PARCELS FOR IRVINE AVENUE AT SANTIAGO DRIVE INTERSECTION IMPROVEMENTS (CONTRACT 2641) - Uphold staff's recommendation requesting authorization to accept two grant deeds. (Report from Public Works Department) 12. PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS (CONTRACT 2523) - Approve the plans and specifications; affirm the Negative Declaration of Environmental Impact; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. February 15, 1990. (Report from Public Works Department) 13. PHASE I & III OCEAN FRONT SIDEWALK REPAIR (CONTRACT 2792) - Approve the plans and specifications for the subject project; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on February 28, 1990. (Report from Public Works Department) 14. HARBOR COMMERCIAL PERMIT ACTIVITIES/ ANCHORS AWAY - Uphold staff's recommendation, subject to conditions in the staff report, to transfer the commercial harbor activities permit from Joan Mahurin and Kermit Johnson to Richard and Leila Greninger, pursuant to Newport Beach Municipal Code Section 17.41.100. (Report from Marine Department) 15. FINAL MAP OF TRACT 14028 - Approve the Final Map of Tract No. 14028, incorporating by reference the Findings and Conditions recommended by the Planning Commission, a request to subdivide 1.00 acre of land into a single lot for an 18 unit residential condominium development on property located in the R-3 (1,900) SPR District, located at 4030 East Coast Highway on the northwesterly corner of East Coast Highway and Seaward Road in Corona Highlands. (Report from the Planning Department) Volume 44 - Page 30 Irvine Av/ Santiago Dr Acq C-2641 (38) PCH Sdwlk 4dj Cameo Hghlnds -2523 (38) ?hase I/III )cean Frnt >dwlk Rpr -2792 (38) larbor Perm 'mcl Actv (51) act 14028 CITY OF NEWPORT BEACH Marine Department January 8, 1989 I I-"---/ y 5f� TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: REQUEST BY ANCHORS AWAY TO TRANSFER THE COMMERCIAL HARBOR ACTIVITIES PERMIT FROM JOAN MAHURIN AND KERMIT JOHNSON TO RICHARD AND LEILA GRENINGER Recommendation: If desired, approve the application subject to the following conditions: 1. That the applicant comply with those 12 conditions listed on the original Permit dated May 15, 1986, and 2. That the applicant comply with the additional conditions listed in the Staff Report of November 18, 1986. Discussion: This application is before the City Council as required by Section 17.41.100 of the Newport Beach Municipal Code, which states: 17.41.100. "Transfer of Permit. No permit issued pursuant to the provisions of this Chapter shall be transferable either by assignment, sale, hypothecation, operation of law or otherwise without permission of the City Council having first been obtained....". The above business has been operating under a Commercial Harbor Activities Permit since May 15, 1986. It has been sold by the present permittees and acquired by the applicants, Richard and Leila Greninger. A copy of the existing permit and additional conditions are attached with this Staff Report. The business Anchors Away has been active since the issuance of the original Commercial Harbor Activities Permit without incidents and there are no complaints on file with the Newport Beach Marine Department regarding the operation. The Marine Department has contacted the Orange County Sheriff's Harbor Patrol and they have indicated that they have received no complaints and are not opposed to this transfer. Tony Melum, Tidelands Administrator r � 1 AGENDA ITEM: F-12 CITY OF NEWPORT BEACH Marine Department June 22, 1987 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: REQUEST BY ANCHORS AWAY TO:TRANSFER A,COMMERCIAL HARBOR ACTIVITIES PERMIT FROM THE CURRENT APPLICANT, JOAN BURCH SENALL TO APPLICANT; JOAN MAHURIN' AND KERMIT JOHNSON FOR A COMMERCIAL HARBOR ACTIVITIES PERMIT AT THE BALBOA FUN ZONE BAYWARD OF 604r1l)GEWATER. Recommendation: If desired, approve the application subject to the following conditions: 1. That the applicant comply with those twelve conditions listed on the original permit dated May 15, 1986. 2. That the applicant comply with the additional condition dated November 18, 1986. 3. That the applicant Will not berth the'pontoon boats adjacent to the vess61 pumpout station located in the marina: Discussion: This application is before the City Council as required .in the Newport Beach MunicipalCode Section 17.41.100 which states: 17.41.100 "Transfer of Permit. No permit issued pursuant to the. provisions of this chapter shall be.transferrable either by assignment, sale, hypothecation, operation of law or other -Wise without permission of -the City Council having first been obtained." The business operating under the above Commercial Harbor Activity Permit has been sold and the new owners wish it to be transferred from the current permittee Joan Burch Senall to the new owners Joan Mahurin and Kermit Johnson. A copy of the existing Commercial Harbor Activities Permit and additional conditions are attached to the Staff Report. In addition to those conditions the Marine Department would like to add an additional condition (3) and request that the new operators will not berth the pontoon -boats adjacent to the vessel pump out station. The reason for this is that the pump out station needs to be available to other tenants in the marina. } The Marine Department has contacted the'Orange County Sherfff's�-,Department who have indicated that they have received no complaints regarding this operation daring the year that it has been^in-existence. Tony �MO7 Tidelands Administrator Po�T D !/-/Fog� P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 December 27, 1989 Richard and hila Greninger Anchors Away Boat Rentals PO Box 4022 Newport Beach, CA 92661 Re: Commercial Harbor Activties Permit for Anchors Away Dear Mr. and Mrs. Greninger: Attached for your information is a copy of the Commercial Harbor Activities Permit for the above named business, and a Staff Report to the City Council on June 22, 1987 where minor changes were made to the then existing permit. Based on your letter of December 18, 1989, it is my intention to take your request to the City Council, as required by the Municipal Code, on January 22, 1990, to request that the permit be transferred from the current permittee to your names. I will also request that the Council transfer the permit to you with the attached conditions, except for number (3) on the original permit. It is my understanding at this time that there will be ten pontoon boats operated by Anchors Away Boat Rentals and that the three wheel pedal type vessels will not be operated. Please review all the attached conditions. If you have concerns or want to make changes please contact me. If I have not heard .from you, I will go to Council as described above. Sincerely, Tony M'elum Tidelands Administrator 3300 Newport Boulevard, Newport Beach � �tiW P®RT \�CITY OF NEWPORT BEACH U? P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 C'170- F®Rte October 19, 1989 Dal Grettenberg FUn Zone Boat Co. 700 Edgewater Balboa, CA 92661 Dear Mr. Grettenberg: Thank you for the vessel pumpout demonstration last week at your location. The system you have installed does pumpout the boat holding tanks and appears to be in good working condition. The vessels were inspected at the same time to see if they complied with the requirements for marine sanitation systems on charter vessels. One boat, The Belle, needs two corrections. One is to increase the size of the holding tank. Forty gallons is the minimum recommended size for that boat. The second correction is to have a fitting on top of the tank to connect with the waste pump hose. Please make the above corrections to the Belle within sixty days of the date of this letter. Please call 644-3044 if I can be of assistance. Sfi cerely A Wes Armand Harbor Inspector 3300 Newport Boulevard, Newport Beach October 18, 1989 Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, Ca. 92661 Dear Mr. Grettenberg: Thank you for the vessel pumpout demonstration last week at your location. The system you have installed does pump out the boats holding tanks and appears to be in good workinq conditio/ The vessels were inspected at the same time to see if they complied with the requirements for marine sanitation systems on charter vessels. One boat, the Belle, needs two corrections. One is to increase the size of the holding tank. forty (40) gallons is the minimum recommended size for that boat. The second � correction is to have a fitting on top of the tank to connect with the waste pump hose. Please make the above corrections to the Belle within sixty (60) days of the date on this letter. Please call 644-3044, if I can be of any assistance. Sincerely, Wes Armand Harbor Inspector, } Marina Sailing To whom it may concern: This.correspondance is being prepared in order to hopefully address any questions or .concerns regarding the dock party on September 9,1989. 1 of 2 746 Washington St., Marina del Rey, CA 90292 (213) 822-6617 • 600 East Bay Ave., Ste. A-4, Newport Beach, CA 92661 (714) 673-7763 3600 South Harbor Blvd., Oxnard, CA 93030 (805) 985-5219 • 429 Shoreline Village Dr., Ste. M., Long Beach, CA 90802 (213) 432-4672 HISTORY This party is being sponsered jointly by Marina Sailing of Newport and the Balboa Fun Zone Management. We had one prior to this occassion on July29,1989. The party was quiet and well controlled on that occassion despite the fact that it was held on a.hot, midsummer day when the crowds were up. The party was Visited on numerous occassions by patrolling -- officers of Newport Beachlaolice Department who complimented us on how well the party was progressing. It should also be noted that a special event permit was requested and recieved .. and that all conditions contained therein were adhered strictly to. The permit number wa889-254.(copy attached) SECURITY Security was and w.oll be provided by employees both of Marina Sailing and Fun Zone Management. One of the security personnel issa retired Firefighter/Paramedic. As a result of this, at all times safety mf the participants is being,monitored. No minors were or will be admitted unless accompanied by their parents. Again, it should be noted that all people present at this party are here by personal invite only. PARKING Space for employees,boat owners and certain of the clientale will be provided downstairs below the fun zone in the parking structure. Parking will also be available in the Newport Landing Parking structure as per our agreement with them. Any overflow will be parked on the adjoining streets, however as happened lasttime, we expect this to be minimal. SAFETY Many different concerns have been expressed regarding the safety of the participants. -None of these concerns are n,.ew to -us. Remember,these are our families,clients and friends. Hppefully we can address all of these concerns and deal with them to everyones satisfaction. 1 of 2 746 Washington St., Marina del Rey, CA 90292 (213) 822-6617 • 600 East Bay Ave., Ste. A-4, Newport Beach, CA 92661 (714) 673-7763 3600 South Harbor Blvd., Oxnard, CA 93030 (805) 985-5219 • 429 Shoreline Village Dr., Ste. M., Long Beach, CA 90802 (213) 432-4672 Marina Sailing SAFETY -continued Dock capacity has been a concern. We also were initially concerned with having too many people on the finger docks rather than on the larger, safer main dock. In order to control this, there will be safety personnel watching the egress routes to both fingers and only allowing people to travel to and from boats. There willnot be any gatherinq �-on_the finger docks proper. This will keep most of the people on the large dock which has safety rails around it. The marine department has stated per a telephone call at 1100hrs on this., date thatas a large majority of the people as well as -the band itself will be on boats and not on the docks, that they have no problem with this arrangement. The Marine Dapartment further stated that as long as we safely had theprior party, this indicated to them that the dock could withstaa.d the party without any problems. It should be noted that the dock in question is currently being utilized by two businesses liscensed by the City of. Newport Beachhand that there have never been any problems with the load before. Emergency access is another concern. As the party will be isolated from the public this is and was not a"problem: At all times access was and will be maintained.for emergency: personnel and equipment. If this remains a_ concern .-we recommend that the concerned prties contact Officer Don Prouty:of.the Newport Beach.Police Department. He was present at our last event in an.official capacity and can certify to our ability to carry this event off without any problems - Hopefully, this communication will address any and all questions regarding this event. If there are any further questions regarding this event,please contact any of the following: Marina Sailing 673-7763 Wayne Russell Al Lawrence Naomi Lawrence Newport Balboa Fun Zone Management 9N -Mi pager Phil Hamner cc:Newport beach Newport Beach Newport Beach ,Newport Beach Glenn Everode file 746 Washington St., Marina del Rey, CA 90292 .3600 South Harbor Blvd., Oxnard, CA 93030 Fire Department Police Department Department of Marine Safety City ,Hall (213) 822-6617 • 600 Fast Bay Ave., Ste. A-4, Newport Beach, CA 92661 (714)673-7763:,. (805) 985-5219 • 429 Shoreline Village Dr., Ste. M., Long Beach, CA 90802 (213) 432-4672, SPECIAL EVENT PERMIT CITY OF NEWPORT BEACH LICENSE DIVISION 3300 NEWPORT BOULEVARD NEWPORT BEACH, CA (714) 644-3141 PERMITTEE: Balb.oa Fan . Zone EVEI9T NO: 89-254 .,: 600,. East Bay Ave Newport Beach 92661 TYPE OF PERMIT: dock party LOCATION(S): 600 East Bay Avenue DATES: July 29, 2989 TIMES: 3:00 to 10:00 PM - The above'referenced Special Event Permit is authorized at the a location(s),.date(s) and times indicated ONLY. Approval is contingent on compliance with the following conditions: 1. All vehicles shall be lawfully parked. " 2. No activities on any portion of public property. 3. NO special effects or pyrotechnics shall be permitted. 4. Comply with the lawful orders of Police. 5. Amplified sound shall be controlled so it shall not be audible in excess of 100 feet of the source, shall not disturb.the peace and quiet of area residents, and shall cease upon the request cf Police No"'aldoY oTic` kieverages permitted on public property. Obey all ABC regulations. No sales of alcohol. No service to minors. 7. Failure to comply with the conditions of this permit, or violations of any;law'will result in the immediate cancellation of this permit. ✓ Watch Commander "'Traffic Division Date: - a-''� Marine Dept. Sportsiisher Marine Ins. Inc. 150 Paularino, Suite 170 Costa Mesa CA 92626- 714-546-6518 CITY OF NEWPORT BEACH ATTN: INSURANCE DEPARTMENT P.O. BOX 1768 NEWPORT BEACH, CA 92558-8915 PARASAI LM 09/05/89 POLICY: UNASSIGNED HULL M E M O GENTLEMEN; Re: PARASAILING-NEWPORT-BALB. WE ARE PLEASED TO ENCLOSE OUR BINDER NO. -32, EXTENDING COVERAGE FOR THE CAPTIONED ENTITY. PLEASE NOTE THE CITY OF NEWPORT BEACH IS NAMED AS ADDITIONAL INSURED. WE WILL FORWARD YOUR COPY OF THE POLICY UPON RECEIPT. PLEASE DO NOT HESITATE TO CACL SHOULD YOU VE QUESTI N . ,s MICHELLE WAGNER ✓~. INSURANCE BINDER: 08/28/89 I SPORTFISHERS MARINE INS. SERV ILOYDS 1 150 -I PAULARINO, SUITE 170 1 EFFECTIVE I EXPIRATION I I COSTA MESA, CA I DATE I TIME I DATE I TIME I 1 92626- -_ I - ----I------------------1 I I I I I ANI I t 312:61AMI 1 NK 714-546-6518 1 09/09/89 1 12:00 KI PNI 11/109/89 1 M NOON I I CODE SUB-CODE I-- ----I I I E I THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMEI) I I COMPANY PER EXPIRING POLICY NO.: PARA SAIL I I I INSURED I DESCRIPTION OF OPERATIONS/VEHICLES/PROPERTY (INCLUDING LOCATION) I I PARA-SAILING NEWPORT-BALBOA tyr89 in27 conFIBERGLASS engDIESEL USE: I I DOUG FERRELL PARA SAILING 1 409 MAIN STREET I BALBOA, CA 1 92661 1) COVERAGES ALL LIABILITY LIMITS IN THOUSANDS ==I I TYPE OF INSURANCE I COVERAGES/FORMS I AMOUNT I DED_1 CO-INSI I PropertyI I I I I I AUES OF LOSS ISTANDARD PARA SAILING COVER 't 70 1 1560 1 SM I I E I BASIC E I BROAD E I SPECIALI I low 1 3560 1 OM I 1 00 HILL & MACHINERY I I I I I I NO PROTECTION & INDEMNITY I I General Liability I I GENERAL AGATE If 000 I I El COMMERCIAL GENERAL LIABILITY I I PRODUCTS-COMP/OPS AM If 000 I I E I I I CLAIMS MADE E I OCC.1 I PERSONAL & ADVTG INJURY IS 000 I I El NIERIS & CONTRACTORS I I EACH OCCURRENCE It ON I I PROTECTIVE I FIFE DAMAGE 1$ 8" 1 I I I N/A 1 I (ANY ONE FIRE) I A I E I N/A I RETRO DATE FOR MAINS MADE: I IED EXP (ANY ONE PERS) I$ Oft I I-- --I, --I _7__1 1 Automobile I I I ALL VEHICLES E I SCHEDULED VEHICLES I CSL I $N/A I I E I LIABILITY I I BI PERS/ACCID I $N/A I I I I NON/NIED I I PD I $N/A I I E I HIRED f I MED. PAY I $N/A I I I I GARAGE 1 I PIP I $N/A I I I I N/A H I UM I $N/A I I Auto Physical Damage l I I ALL VEHICLES E I SCHEDULED VEHICLES I I I ACV I I I I I COLLISION DED: N/A I I E I STATED AMOUNT !$ N/A I I I I OTC DED: N/A I I E I OTHER I I I Excess Liability I I EACH I I SELF-INSURED I I E I UMBRELLA FORM I I OCCURRENCE I AGGREGATE I RETENTION I 14 1 OTHER THAN UMBRELLA FORM I RETRO DATE FOR CLAIMS MADE: I N/A N/A N/A I I STATUTORY I Worker's Compensation I $N/A (EACH ACCIDENT) I I and 1 1 $ N/A (DISEASE-POLICY LIMIT) I I Employers' Liability I SM/A {DISEASE-EACH EMPLOYEE) I I SPECIAL CONDITIONS/RESTRICTIONS/OTHER COVERAGES I I NAV: WITHIN 1/2.MILE FROM SHORE, NEWPORT/BALBOA, WARRANTY: PASSENGER 6, 1 I CREW 2. I NAME & ADDRESS I CITY OF NEWPORT BEACH I DAVEYS LOCKER SPORTFISHING IN. I I BALBOA PAVILION CO. I P.O. B% 1768 1 PARASAILING INTERNATIONAL INC. I NEWPORT BEACH, CA 1 92658-8915 I [I MORTGAGE Z I ADDITIONAL INSURED I E I MORTGAGEE X1 ADDITIONAL INSURED I I I LOSS PAYEE I I I I I LOSS PAYEE E I I LOAN # I LOAN # I This binder is a temporary insurance contract, subject to the conditions shown. I CONDITIONS: This Company,binds the kind(s) of insurance stipulated on this form. This insurance is subject to the terms, I conditions and limitations of the policy(ies) in current use by the Company. I This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when I I cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the I I policy conditions. This binder is cancelled when rept ed y,a,policy. , If this binder is not replaced by a policy, the Company I I is entitled to charge a premium for the binder accord 0 thi'Rules and Ratin use by t w 'Whe Cos any I AUTHORIZED REPIESW3Y�;� I ACORD 75-S (2/88) 1 x. �EWPp�T CITY OF NEWPORT BEACH o \ OFFICE OF THE CITY ATTORNEY V ? P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C.1 IFORN`P (714) 644-3131 April 21 198 P 9 Mr. Dal Gre ttenber g Fun Zone Boat Company 700 Edgewater Balboa, CA 92661 Re: Potential Code Violation - Failure to Construct Waste Pumpout Facility Dear Mr. Grettenberg: This office has been advised that you are the operator of the Fun Zone Boat Company, a business enterprise required to construct a waste pumpout facility pursuant to Newport Municipal Code section 17.30. Our records disclose that by letter dated March 2, 1989, you were requested to demonstrate reasonable progress toward completion of the facility by April 3, 1989. By letter of April 5, 1989, you were informed that the matter was being referred to this office for disposition, due to your failure to respond to the previous letter. In an effort to resolve this matter without resorting to court action, an office conference in our offices has been scheduled for May 16, 1989, at 3:30 p.m. Failure to promptly reschedule, or to actually appear as scheduled, will result in this office taking appropriate legal action based upon available information. Your anticipated cooperation in this matter is appreciated. sincerely, Robert D. Bills Hearing Officer RDB/mll cc: Tony Melum Wes Armand 3300 Newport Boulevard, Newport Beach April 5, 1989 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEA CH, CA 92658-8915 Dal Grettenberg Fun Zone Boat Company 700 Edgewater Balboa, CA 92661 Dear Mr. Grettenberg: Your company was given notice by the Marine Department on March 2, 1989 that you had thirty (30) days to demonstrate reasonable progress towards constructing the mandated waste pumpout facility at your site. To this date this has not been done. On this date the Marine Department has referred this matter to the City Attorney's office for further action. If you need to discuss this with me, please call me at 673-1761. Sincerely es and Harbor Inspector 3300 Newport Boulevard, Newport Beach Pp�T c9�/ F0 P April 5, 1989 CITY OF NEWPORT BEACH � ^ P.O. BOX 1768 NEWPORT BEACH, CA 9268-8915 Dal Grettenberg Fun Zone Boat Company 700 Edgewater Balboa., CA 92661 Dear Mr. Grettenberg: Your company was given notice by the Marine Department on March 2, 1989 that you had thirty (30) days to demonstrate reasonable progress towards constructing the mandated waste pumpout facility at your site. To this date this has not been done. On this date the Marine Department has referred this matter to the City Attorney's office for further action. If you need to discuss this with me, please call me at 673-1761. Sincerely L��mand Harbor Inspector 3300 Newport Boulevard, Newport Beach CITE' OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH., CA 92658-8915 April 5, 1989 Dal Grettenberg Fun Zone Boat Company 700 Edgewater Balboa, CA 92661 Dear Mr. Grettenberg: Your company was given notice by the Marine Department on March 2, 1989 that you had thirty (30) days to demonstrate reasonable progress towards constructing the mandated waste pumpout facility at your site. To this date this has not been done. On this date the Marine Department has referred this matter to the City Attorney's office for further action. If you need to discuss this with me, please call me at 673-1761. Sincere Aemran/d Harbor Inspector bias 3300 Newport Boulevard, Newport Beach SEW PORE CITY OF NEWPORT BEACH V _ P.O. BOX 1 758, NEWPORT BEACH, CA 92658-8915 CgcJ FO VLI- March 2, 1989 Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, CA 92661 Dear Mr. Grertenberg: The Marine Department is concerned that to date there is no evidence to indicate that you have plans to comply with City Ordinance #88-18. This ordinance requires a vessel pumpout facility at your location to service your boats. Please be advised that reasonable progress must be made within 30 Days or the matter will be turned over to the City Attorney. Respectfully, Wes Armand Marine Department 3300 Newport Boulevard, Newport Beach �FWP0 CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 qui F®RNA March 2, 1989 Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, CA 92661 Dear Mr. Grertenberg: The Marine Department is concerned that to date there is no evidence to indicate that you have plans to comply with City Ordinance #88-18. This ordinance requires a vessel pumpout facility at your location to service your boats. Please be advised that reasonable progress must be made within 30 Days or the matter will be turned over to the City Attorney. Respectfully, Wes Armand Marine Department 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH Marine Department December 14, 1988 PUMPOUT STATIONS GUIDELINES 1. MARINE DEPARTMENT PACKAGE: a) Building Department Ha out b) Pier Permit Drawing`" /—/Z, c) Pier Permit Card „ 2. BUILDING DEPARTMENT: a) Submit plans for approval b) When approved, return to Marine Department with verification 3. MARINE DEPARTMENT WILL ISSUE PERMIT TO DO WORK 4. CONSTRUCTION 5. BUILDING DEPARTMENT INSPECTION AT SITE. SIGNED OFF BY INSPECTOR 6. MARINE DEPARTMENT WILL KEEP EVERYTHING IN YOUR FILE a) Return verification of approval by Building Department z/Z v „�6 sem- PO 0 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 October 24, 1988 The Jonasson Company 4301 Birch Street Newport Beach, CA 92660 Attn: J. Gary Hall Dear Sir: The City of Newport Beach Marine Department has received a request to transfer pier permit #0112-604 for the property located at 604 East Edgewater,.Newport Beach, CA. The structure was inspected on October 24, 1988 and in accordance with Section 10-D of the Harbor Permit Policies, it cannot be transferred until it meets City requirements. The policy states: 10.D. "At the time of transfer, all harbor structures shall be inspected for compliance with the City's minimum plumbing, electrical and structural requirements, and the conditions of the existing permit. All structural deficiencies must be corrected prior to transfer of the permit." We cannot transfer the permit until the following deficiencies have been corrected and we have been notified of the correction: 1. Loose telephone lines are dangling in the water throughout the marina. They must all be properly secured. 2. A wheel is missing at the base of the west facing ramp. 3. The City required vessel pumpout station is in complete disrepair. Pontoon rental boats are moored in front of the pumpout which would negate use of the pumpout even if it were in working condition. The pumpout station must be functional and the rental boats should not be moored at that station. PLEASE ADVISE THIS DEPARTMENT WHEN THE ABOVE DEFICIENCIES HAVE BEEN CORRECTED. When we are so notified, the structure will be inspected again and when the requirements have been met, the pier permit will be transferred. PLEASE TELEPHONE (714) 644-3044 TO REQUEST A RE -INSPECTION OF THE STRUCTURE. If you have questions, please call this number. Sincerely, Tony M lum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach Date Inspection made: Deficiency -Letter sent: Deficiency corrected: Transfer completed: Date �J Inspection: 1. Location 2. Plumbing: 3. Eledtrical :. 4. Structural: 5.OTHER:--k==4 ;*k P, REMARKS: Inspected by: STATUS SHEET HARBOR PERMIT TRANSFER LOCATION PERMIT NO. Z� Seller J - �juyer Date Application Received Date Fee Received: Request for Inspection made by: Escrow Co.0 Date - Escrow Office.r Escrow No. Address — z -- - -T— A L -,J_ Phone: go �7sl Date Inspection made: Deficiency -Letter sent: Deficiency corrected: Transfer completed: Date �J Inspection: 1. Location 2. Plumbing: 3. Eledtrical :. 4. Structural: 5.OTHER:--k==4 ;*k P, REMARKS: Inspected by: CITY OF NEWPORT BEACH Marine Department September 6, 1988 TO: BILL WARD, PLANNING DEPARTMENT FROM: Marine Department SUBJECT: COMMERCIAL ACTIVITIES HARBOR PERMIT FOR ANCHORS AWAY Bill, attached is a copy of the permit issued to "ANCHORS AWAY" for a small vessel rental operation at the Balboa Fun Zone. As you can see by the permit, Anchors Away is permitted to operate five vessels out of the marina, and the marina is providing them with two parking spaces of the 15 that they are required to provide for the marina. Recently we received a complaint from an adjacent rental business indicating that Anchors Away is now renting an additional five tricycle style pedal boats. A photograph is attached for your information. Anchors Away is requesting that their permit be revised to allow these five pedal boats to be operated on their permit without providing additional parking. If I understand their rationale, z is 0 hese pe c a 65�as oes not h � Rd E draw additional people to the beach and thereby they should not be required to provide additional parking. The five pedal boats would take up one slip in -the marina, which is now allocated for three-quarters of a parking space. Basically they would now bA operating under a revised permit five pontoon boats taking up five slips and five pedal boats grouped together in one slip. Let me have your thoughts as to whether you think they should provide additional parking, or if we should let the current parking requirements stand. A e� 7 Tony el R Zek�_, Anchors Away Pontoon Boat Rental Balboa -Fun Zone Marina n Open 10 A.M. til 10 P.m. Night Cruises Available P.O. Box 4022 Joan N.M Newport Beach, CA 92661 «burin (714) 673-3372 0 City of Newport Beach P.O. Box 1786 Newport Beach, CA 92663-3384 Attention: Mr. Tonv Melum 23 August 1988 Relative to our conversation last week, I want to request that the Commercial Harbor Activities Permit be ammended for Anchors Away Boat Rental. I want to add 3 to 5 Paddle Bikes to our existing permit. These bikes are of stainless steel construction with large hard plastic wheels which act as floats and provide propulsion. These bikes have been tested by marine safety authorities in Australia and in the United States and can not be turned over. Each Bike has a capacity of two to three people and each is equipped with adequate floatation devices. The Bikes are the same as those currently operating in the Back Bay. These Bikes are an unusual and welcome addition to our current harbor activities and have been well received by the public. I have attached a 'picture of the Paddle Bikes for your review. I will be berthing these Bikes in spots I have indicated on the enclosed marina map. Since Anchors Away is a family operated enterprise this ammendment will cause no increase in our current staff. I will thank you in advance for your assistance in this matter. Sincerely Joan N. Mahurin, Owner Anchors Away Boat REntal a) 0) U) 44 x 41 1~ O U 4' $4 >1cu 0) al b .41 .iJ U � w o k C U U w w O a) 4J cd CD 44 U 4 41 >1 44 41 N s~ o m 4-)a) zs () Q) O ED 4J M 4�� rO M W 00U O O ra 0 r -I -I r(Di 04 N a) U $4 a �' VI r-1 O > x 44 LH M O -r'I R'S O cU ® U r -I Cis r..1 U) r1 ^ - w E—: ro 41 'U} a) to (1) 4J C :J . w U) co m O 44 44 a) tT •r•1 (1) a) z O•• O a s~ a) W r-1 c(S •rI ra I4 O M a) w 0 06 1-1 w 0.0 .,.q �r. w O m �+ `� •� � s r aa)) w 44 3 s04 X o •� z cox a) co 04 > Z Z st 0 ca ko 4J O a) O cd m O to -r-I r0 m •r.1 4J 13; .4 W 44 r. 4J O N ✓ U) z a) 4-i (04-) O O cit 0 4J 44 4J X: 044 a) a) >i 4J 4J r -I U) 4J 1~ OO 0, -r 1 co 0 a) U -r-Is~ a) < O 4 U .C: a) ra m a cU U ctt H h a) 4J r. cU 4J > rt+ �EACy ri -�4 a) 4-i 3 w r-4 x O a) O (ct A C: 4-1 CA a) 0 O cd Q •r1 M 4-) >1n U) OQ- «t �4 rO •rI 4J Fzi •r-1 4J r1 ra O :R: O 4J w a) U -rl 4J a) dr (1) O N a w O �a W ri a) ro ro 44 ri z O w 4 a) Or U U a) ri m a) ro O -Q O M a) ri raj 0 CD 040 3 , S i Rt r cd (0 4J (d Qt Rt 'Jti 1 U >1 a) cd 4.) s~ (1) Eo ?c err 1~ 0 'a \\ z w N a) a) a) 4J O (1) r—I -4 0 a) CO 44 'R*r H O -r1 .1117 h MNZ Z Uca pari HZ Aa H10 m HH Y LA O C Wa) c c v c*� C me o 0 o c y v CL CL CL CL CL tj N LL N O 0)4J EOgo p ` L CJ t7) Ln W a. *a V) s: OE OE \� �1 r _ •r •r N `� C r O .r ti m C u i as •r 3 •r y '', a 3 1 _ M- u D <: M , O J " �'� 1 C) CD `J c c ro ` W ` c M �- m iL •y L� }_ N u )--r 7 V Q. 4--)-- V U � .\ '� o Q N z a +� .•� Q 7 •r 'Z -O .. ft3 �' E 0 16 C'S O Z ;y' O •.- 4- y+ ti,l O to O C .� C w /l i C + + Z i C aJ O C) 1, Z-rC) N L� C 'j iTi ^_ 4 N� N N 1011 W LU i co CL' O z }. %f Z ^ ? 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L a� u w L N v `n a z i sn� 3 'r 4- 4-3Q i-� O N 0 y O C N Z RS }- - N r ¢ 0 S N .r C J O Z l A � 3 cn d S. � F- n- Q kv U ^ S d 4- N C {_ _ U a\��W Cl- O ,� Q N 4S �� . \ Z m 4-) _ L 3:= F- W 1-" +� cu C) eo N a o i 0 `' L r a Li L Z i' - N 4-' 4-) U Rs L7 F=- F -S- `LJ E 'O r tp r S { _Z W¢ n i S- CDJv .. CL co U 4-- `+ F-< d L) O •� V r II7 W O r 0 i r-- L 41 4- +-) C) flo S 4_ r( O W W �, n Z rN- O C1 a1 ��Jr Q p L _ Q ¢ h- C m3 ra 4 t `M OLY LJ V)�!9 7 R �' L Q OI Li- �\ U r Lt s Lli u o -a \ !- o o z, _ _ t C � ,- W c : F- r- 41 u N Cn Z Z p 4- U r- n 41 _ dW z, W O DJ §§ p Q �' O Q 4- L L O O W Ll �- LV 3 •r i a ;I 1 ;I 1 i i i 'I August 1, 1988 Anchors Away Pontoon Boat Rentals 600 East Bay Street Balboa, CA F2661 Re: Commercial Harbor Activity Permit for.Anchors Away Dear Sirs: The; Commercial Harbor Activity Permit for Anchors Aw, v allows a_,. maximum _ number of _fa ve.__ves.sels_ o____- be operated under the Commercial Activity Permit listed above. The City of Newport Beach has received a complaint 'Indicating that you are operating tricycle style boats in addition to the five boats maximum that you are allowed under the permit. - The rental of the tricycle boats must cease immediately. Failure to stop rental of the tricycle style boats could jeopardize your permit. If you have questions regarding the above, please contact me at.644-3044. Sincerely, Tony Melum Tidelands Administrator AW R 3300 Newport Boulevard, Newport Beach Balboa Pedal Boats P. 0. Box 751 Balboa, C.Idomia 92661. July 20, 1988 Tony Melum Tidelands Administrator City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, CA 92663-3884 RE: Anchors Away Marine Permit Dear Mr. Melum: Per our conversation last week, it is my understanding that Anchors Away has received a permit for five (5) boats for rental use in Newport Harbor. Upon observation, Anchors Away currently has both pontoon boats and tricycle -style boats for rent. With this letter, I request that the City of Newport Beach Marine Department require that Anchors Away cease operation of rentals in excess of the maximum that their permit allows. Should you have any questions concerning this matter, please do not hesitate t�oa.iit.aet-me=.at � (714) 751-6436. Sincerely, u 4 f /Partner 4 b 4 z CSF W PO�i `" 0 � CITY OF NEWPORT BEACH v P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 January 5, 1988 Bruce wank Balboa Fun Zone Ltd. 660 Newport Center Drive, Suite 215 F Newport Beach, CA 92660 Re: Your letter of December 15, 1987 Dear Mr. Wank: The condition on your permit that liveaboards shall be prohibited was a requirement of the permit issued to you by the Regional Water Quality Control Board. It was not a condition placed on your permit by the City of Newport Beach. If you wish to have this condition removed, it will be necessary for you to contact the Regional Water Quality Control Board. If they are willing to remove this condition on the permit issued to you by them, the City will remove it from your existing permit with the City. If you have questions please call me at 644-3044. Sincerely, To Mel m Tidelands Administrator 3300 Newport Boulevard, Newport Beach CiT Y OF NEWPORT BEACH l--% `15 �87 LIM Z-1 I MARINE IDFPAR-FMFNT 1.0. P i BOX 1768 NEWPORT BEA.CLH, ICA. 92`66D-052 A� rEN`iON- MEUMTIn I i:L- DEAR ONY. PER OUP, CONVERSATION LAST WEEK IN REGARD TO OUR PERMIT I i2-604 AT THE BALBOA FUN ZONE MARINA I WOUI D LIKE TO HAVE CONDITION NUMBER i 1 REMOVED FROM THE PERMIT. THE CONDITION READS L V E A 6 OA R D S S H A L Li BE P R 0 rl if' B I TE D I I r - AS WE D I SCUSSED, I L I KE YOURSELF CO NOT UNDERSTAND WHY 1-H I S CONDIT ON EXISTS? SINCE THE PROJECT WAS REDEVELOPED, WE HAVE - � S I A I L SHOWER AND RESTROOMIFACIILIT IE VALABLE TO OUR MARINA TENANTS ALONG WITH THE REQUIRED 'S PARKING SPACES. WE HAVE MAINTAINED OUR PUMP OT'FACILITY FOR OUR TENANTS AS WELL AS KEEPING TWO S!Ur*"r-- TIES ST. AVAILABE FOR iRANSIANT U C-"- PER YOUR REQUE � -/r- �-, L AS YOU KNOWL I VEABOARDS EEX I ST I N ALMOST FE VERY MAR NA I N THE HARB011R.'. WE WOULDD LIKE TO HAVE THE OPTION OF ALLOWING 11 VEABO,RIDS AT 'THE FUN ZONE M.A\RINA, WHILE BEING IN ACCORDANCE WITH OUR PERMI-111. IF YOU HAVE ANY QUEST I ONS PLEASE CALL ME A -714-7EO-0` tl L- t !l L 1- U LL r- tA,! 1 0 Ow 7. BALBOA FUN ZONE. LTA.;. CITY OF wEWPORTI,- 14ARBOR PERMIT MAANTAIN T#IE FACM;TV AT THE SIT -1-t TRZ "AARU07' ANY P Is UOT THtZ AND 7133.6 114 ACCORDANCE WITN 117 C." Iiii-_ CONSTRL,,TION PERMIT DATE....... . .......................... SEE ATT C 'T ?US9 E ET C-crps of Eng: -mom P=wlft armwe County Penva / PE1�-Loq RN 5A__TE RMIT NO. 1. Restrooms be provided in% accordance with Section 19 of the Harbor Permit Policies. I.rl"(,5 ec '.4 7 2. Parking spaces be provided in accordance with Section 17 of the Harbor Permit /Policies. 3. Signs indicating the parking lot is reserved for the marina shall be installed to the satisfaction of the Traffic Engineer. 4. Storage lockers and boat boxes installed on the pier shall conform to Section 26 of the Harbor Permit Policies. 5. The handrail constructed on the pier and adjacent bulkhead shall conform to the detail shown on working drawings dated October 9, 1978 submitted to the Marine Dept. 6. Any dredging performed shall conform to the working drawings dated October 9, 1978, and shall be certified by the dredging contractor as to compliance. 7. The permittee shall maintain the bottom profile in accordance with the working drawing and shall immediately restore the bottom to the profile shown on the work- ing drawings should the bottom be altered. 8. That mooring area at the easterly end of the landward herringbone slips adjacent to the 28' x 38' pier shall be reserved exclusively for skiffs, dingys, etc. 9. All electrical plumbing and fire equipment installed shall comply with Section 18 of the Harbor Permit Policies. 10. Prior to beginning construction, working drawings shall be submitted to the Marine Department showing the location of piling for the pier and their relationship to the existing water line. 11. Liveaboards shall be prohibited. •• ji� ��� ��°� r LON f^JCA ? I/1 �Di� �l 0 6 U °tb �� LYICi' rrsa ®soe v 4 Jscwvp u stage I tage' C °@s ae oq m 1st/y CASP N&W,vogr SAY, Cat aCo$ahaa°a4,5 y� J ,< a 5'04Arad/ngs are &Xeres: Jed in fineri ®nd davao/e p%p srA s WO ad&P- �9®zs ✓.rr Ara"gocpf frdc apprrsxJrrr®fe/y /D �cc X®rb®r O,ises are esiabl."Shed ems, -/,4;3 , seca'rer, atrAlewo/oorf'5oy: .T 7 �- + j'+! _ ! 1S7, Ii i�fST.®G!�' ° i+l ! !S�"; :.�`LJ(''D ._2 31420 — � � � i —. — =i• � 3 17 PWiPIING N + 35" 35 33° 0 35°33° 333°53�' C� C �°-'SrT.�®Oi✓I a 10 20 3o 4.0 so ^ eoo 7_0AC7-,R Jv'MZ 1 htCLEIV-3 NjOV 7 61987 f _._. DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS _ P.O. BOX 2711 LOS ANGELES, CALIFORNIA 90053-2325 12 nOV 198/ REPLY TO ATTENTION OF: Regulatory Branch Pacific Bell 3939 East Coronado, First Floor Anaheim, California 92807 Dear Mr. Gunther: Reference is made to your request of September 4, 1987 (87 -340 -CR). Under the provisions of Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), you are hereby authorized to place one submarine telephone cable from Palm Street on the Balboa Pennisula to Opal Avenue on Balboa Island in Newport Bay at Newport Beach, California, as shown on the enclosed drawings and subject to the enclosed conditions. The owner or authorized responsible official must sign and date all copies of this Letter of Permission (LOP) indicating that he/she agrees to the work as described and to comply with all conditions. One of the signed copies of this Letter of Permission must be returned to the Corps of Engineers (a pre - addressed envelope is enclosed for your convenience). Notice of the commencement of the activity must reach this office at least 5 days before the activity actually starts. Please use the enclosed card. 9rlrelyes . oft, P.E. Chief, Regulatory Branch Al --If- P7 PERMITTEE Ray � � J e her R W agent DATE When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this LOP will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associates liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) Enclosure PERM I T COND I T I ONES PERMIT NO. 87 -340 -CR I. General Conditions: 2 pp 1. The time limit for completing the authorized activity ends on Y 12 699 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification from this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the: transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6, You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished with the terms and conditions of your permit. 11. Special Conditions: See attached sheet. 111. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this-of-f..ice-.did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measure ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. SPECIAL CONDITIONS PERM I T No. 87-340-M No special conditions Rick Mosier ............. Me�rina S 429 Shoreline Villa I I' n 746 Washin ge Dc,'Ste. 600 E. Ba gton St, Mar Re°ng Beach, CA 90802 YAve., Nei l Y CA 90292 (213) 432-4672 Suite A (213 -6617 ort Beach, CA 92661) 822 Far ReServations (714)673-7 763 - Call: 1-800-262-7245 13 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 9265E-8915 MARINE DEPARTMENT Phone -- 644-3044 COMMERCIAL HARBOR'PERIIIT`APPLICATION Filing Fee:$365.00 Business Name �"` °��'' s0�°�- Business phone -7/`/ 6-73-7X3 0 0 E- A - y Ci t and Zi Business :Mailing Address � ��Y y p• Address of Business (if same, write same) Yee City & Zip If business is a: -corporation or operated under a fictitious name or partnership, please indicate all principals: me 3. Name Address Rome p one The name,'address and telephone number of the person, or persons, who will have general management responsibility for the applicant business: �i as s See 43-.6 ; JKnmaa nhnne Please indicate a complete description of the proposed method of operation of -such -vessel, watercraft and/or other facilities,.including but not limited to: 1. Location where vessel will be permanently berthed:��i° 2.. Location where passengers will be loaded and unloaded.�� 3. Maximum number of passengers carriedi:_.__,,;,___ 4. Location where required parking for passengers, employees and crew will be provided: 5. Days business will operate: 6. Hours of operation: ff4m ° 7. Route(s) of Travel; A)"' 8. Types of activities permitted on board: Ra4,.� , Sa Ili 3300 Newport Boulevard, Newport Beach -9.' Types of merchandise to be sold: W a- cam' � �s `10. Is Coast Guard certification required? If not, why not? -1-7- 11. Type and amount of liability insurance carried for this specific operation: Cad (Doc- Carrier:�is r�N� '� cs 12. All other pertinent information: Yl4/ 13. Describe the manner in which you.intend to dispose of sewage. trash and litter resulting from this operation: 14.. Describe the -.type of entertainment which the, applicant proposes.- if any; PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FOR PROPER'EVALUATION-OF THIS'APPLICATION. I declare under penalty of perjury that the foreao'inq is true and correct. DatX71 6-73-776,3 Telephone ephone No. Residence address FORWARD TO THE FOLLOWING DEPARTMENTS -FOR INVESTIGATION AND RECOMMENDATION: Chi pf of Pnl i cP --- - - _, Orange County Harbor Districti L. Other . Other Approved/Denied by Marine Department (.and date) Agenda Item -# F-14 CITY OF NEWPORT BEACH Marine Department September 28, 1987 TO: MAYOR AND CITY COUNCIL FROM: Marine. Department SUBJECTt AN APPLICATION BY PACIFIC BELL TELEPHONE COMPANY TO REPLACE TWO EXISTING SUBMARINE CABLES ACROSS THE MAIN CHANNEL OF NEWPORT HARBOR WITH. ONE NEW CABLE BETWEEN THE PENINSULA AND BALBOA ISLAND Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the Army Corps of Engineers 2. Notification to the Orange County Sheriff's Harbor Patrol at least 72 'hours prior to commencement of the work 3. Notification to the United States Coast Guard 4. Approval of the California Coastal Commission, if applicable. Discussion: This application is before the Council as required by Section 5.B. of the Harbor Permit Policies which states: 5.B."Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to the Standard Harbor Drawings and adopted Harbor Permit Policies." In conjunction with the construction of a private bulkhead and private dock on South Bay Front, Pacific Bell is going to remove two.existing marine cables and replace them with one: new. cable. ''`The, cable,1-will_cross Newport Harbor channel from approximately Palm Street to Opal Street. The cable will be imbedded in the -channel floor and should not impose any hazard to.navigation. Any work done on the land side of the U.S. Bulkhead Line will require an encroachment permit from the Public Works Department. David Harshbarger Marine Director Tony M lu Tidelands Administrator i { September 18, 1987 TO;: _ CITY CLERK - FROM: Marine Department _. nrrn �r+nm_ nni+T.in rznn nrmv nnrrT.rn TT X&VI-M7WTO n,, 0VnlPVMMT7n 74 104 .. RightI of Way Department. 3939 East Coronado, First Floor PACIFIC 14"&I'BELL. S Anaheim, California 92807 (714) 666-5663 A Pacific Telesis Company September 8, 1987 City of Newport Beach P. 0. Box 11-768 Newport Beach, California 92663-3884 Attention. 1-1r. Tony MeluM, Tidelands Administrator RIE: Submarine C"able placement across Newport Bay - Main Channel Dear Mr. Melum: Pacific Bell has a proposed project to replace two existing submarine cables with one presently crossing the Main Channel in Newport Harbor. This work is in conjunction with the building of a boat dock on Balboa Island. Please issue a Marine Department Permit to accomplish this project. The following agencies have been contacted as required by your Department: 1. Applicationfor an Army Corps of Engineers Permi-11D (See Letter), 2. Notification to the 15heriff Department Harbor Master 72 hours prior to commencing work - Verified this requirement with Watch Commander Huffman 9-8-87. 3. Written notification "to the U. S. Coast Guard 11th District, 10 to 15 days prior to construction for their publishing in the "Notice to MarIners". Verified this requirement with Lieutenant Mines' Office 9-8-87, 4. No permit required of the Coastal Commission per Mr. Praveen Gupta, Coastal Commission Planner. -The work to be performed is covered under Section II B 26 of "Repair, Maintenance and Utility Hook -Up exclusions" froixt Permit Requirements. -2 - Thank you for your cooperation in this matter and we ask a. permit be issued at your earliest convenience. If you have any questions or desire additional discussion, please call me in Anaheim on 714-666-5614. Very truly yours, Ray J. Guenther Right of Way Agent vsb CITY OF NEWPORT BEACH HARBOR DEPARTMENT TONY MELLUM 6/1/87 THIS LETTER IS TO INFORM YOU PER CHAPTER 17.41 OF THE NEWPORT BEACH MUNICIPAL CODE THAT JOANNE BURCH SIE-NALL HAS SOLD "ANCHORS AWAY" PONTOON BOAT RENTAL AL TO: JOAN MAHURIN: 4017 CHANNEL PL, NEWPORT BEACH AND KERMIT JOHNSON: 211 43RD ST, NEWPORT BEACH vllq AS ATHORIZED AGENT FOR MRS. SENALL I HAVE BEEN ASKED TO HAVE THE PERM! T TAKEN OUT OF HER NAME, AND PLACED IN THE NAME OF THE NEW OWNERS. THE NEW PERMIT SHALL BE SUBJECT TO ALL THE SAME TERMS AND CONDITIONS AS THE EXISTING' PERMIT. SINCERELY, BRUCE WANK AUTHORIZED AGENT ,JOAN -MAH UR IN July 20,)1987 Bruce Wank and Joan Mahurin 2200 Port Lerwick Newport Beach, CA 92660 Re: Commercial Activities Harbor Permit for Anchors Away Dear Mr. Wank and Ms. Mahurin: Attached please find a copy of the Staff Report transferring the Commercial Activities Harbor Permit for Anchors Away from Bruce Senall to Joan Mahurin and Kermit Johnson. Please make note of the existing conditions and the new conditions listed in the Staff Report. In addition to the above there is outstanding and due the City of Newport Beach the transfer fee of $140.00 Please make the check payable tothe City of Newport Beach. If you have questions regarding the above please contact me at 644-3044. Sincerely, Tony M u Tidel nds Administrator 3300 Newport Boulevard, Newport Beach C DATE.. . TIME WHILE YOU WEIE OUT _ M ��-� -- OF - PHONE NO. EXT. - TELEPHONED PLEASE CALL ---- RETURNED YOUR CALL WILL CALL AGAIN. CAME IN TO SEE YOU URGENT 2 377 23 ANCHOR'S AWAY PONTOON BOAT RENTALS 600 E. BAY ST. 90-7101/3M BALBOA, CA 92661 0 $ PAY TO THE ORDER OF--45�6� 77 z 77DOLLARS Great an 'M I C Fir vings 1 r _t a Savings eat American First Savings Bank 600 East Balboa _ T- 'OuLva Newpo Be.ox.wqmfaaw�� MO MEMO 3.. .1:322 1�0 121:0 2 2 3,-, 10 9 2 11 Ili 11' �o-��F 4 June 22, 1987 TO: FROM: SUBJECT: AGENDA ITEM: F-12 CITY OF NEWPORT BEACH Marine Department MAYOR AND CITY COUNCIL Marine Department REQUEST BY ANCHORS AWAY TO TRANSFER A -COMMERCIAL HARBOR ACTIVITIES PERMIT FROM THE CURRENT APPLICANT, JOAN BURCH SENALL TO APPLICANT;JOAN MAHURIN' AND KERMIT JOHNSON FOR A COMMERCIAL HARBOR ACTIVITIES PERMIT AT THE BALBOA FUN ZONE BAYWARD OF 604-,--EDGEWATER. Recommendation.: If desired, approve the application subject to the following conditions: 1. That the applicant comply with those twelve conditions listed on the original permit dated May 15, 1986. 2. That the applicant comply with the additional.condition dated November 18, 1986. .3. That the applicant V'/ill not berth the'pohtoon boats adjacent to the vessel. pumpout-stati,6n 1-ocated ih,the- marina; Discussion: This application is before the City Council as required in� the Newport Beach MunicipalCode Section 17.41.100 which states: 17.41 1 .100 "Transfer of Permtt. No. permit issued pursuant to the provisions of this chapter shall be.transferrable either by assignment, tale, hypothecation, operation of law or otherwise without permission of -the City Council having first been obtained." The business operating under the above Commercial Harbor Activity Permit has been sold and the new owners wish it to be transferred from the current permittee Joan Burch Senall to the new owners Joan Mahurin and Kermit Johnson. A copy of the existing Commercial Harbor Activities Permit and additional conditions are attached to the Staff Report..' In addition to those . conditions the Marine Department would li'ke to add an additional condition (3) and request that the new operators will not berth the pontoon boats adjacent to the vessel pump out station. The reason for this is that the pump out station needs to be available to other tenants in the marina. aCITY OF NEWPORT B EACH P.U. BOX 1768, NEWPORT BEACH, CA 92658-8915 CSL/Fp May 15, 1986 Anchors Away 9643 D Westminster Blvd. Garden Grove, CA Re: Commercial Harbor Activities Permit "Anchors Away" ? Dear Joanne Burch Senall: As required by Chapter 17.41 of the Newport Meach Municipal Code, the ? Newport Beach Marine Department is issuing Commercial Harbor Activities' Permit "Anchors Away" to you subject to the following conditions:.. 1. That the permittee agrees to comply with all pertinent Municipal Code provisions and City Council Harbor Permit Policies.', i 2. That the applicant be responsible,for towing away any of their vessels that become disabled. !' 3. That the maximum number of vessels will be five 4. That the vessels will be berthed at the Fun Zone Marina: 5. Passengers will be loaded and unloaded at:the Fun Zone.Marina only. 6. Days and hours of operation shall be 7 days a week., 14 A.M. until f 7. Each vessel shall be equipped with a communication device to facilitate call backs to the Fun Zone Marina. 8. Sewage, trash and litter shall be disposed of at the Fun Zone Marina. in an area and manner approved by the Marine Department. 1 9. Two parking spaces of the required 15 parking spaces at --Fun. Zane Marina- � will be reserved for "Anchors Away`'. 10. Vessels shall be equipped with all required and necessary safety devices. 11. That the permittee sha11 hold the City, the Cobnty of Orange, and the Orange County Harbor District harmless -from, and indemnify said agencies against any claim for damages arising out of the exercise of the permit; in addition,the permittee shall reimburse said agencies for all attorney's fees and other costs which are expended by them in defending against any claire, lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. i 3300 Newport Boulevard, Newport Beach w CHAP "Anchors Away", page 2 12. That the Marine Director or City.Council, on-appr©val or review, shall have the power to -impose -new conditions -.or modify existing conditions with regard to this,permitwupon a determination that the operations by permittee, in the absence of new, or modified condtions> does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. This permit is not valid unless signed dry.the.Marine Director. Your attention is particularly invited to the above. -conditions. All copies shall be signed and dated.by.the.permittee 9.r authorized agent. The signer's name and title, if any, must.,be typed or printed below the signature. All copie.s'should be'returned to this:office. The permit. will then be -validated nd one copy wi l be returned to you.. ermit a Date arine Department Date \VP CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-.8915 E. / F O aNta� November 18, 1986 Anchors Away -_ c/o Alan Senall 9643 D Westminster Blvd. Garden Grove, CA 92644 Re: Commercial Harbor Activities Permit -Anchors Away _ Dear Sir: As provided by Section 17.41.070 of the Newport Beach Municipal Code,. the Newport Beach Marine Department is -adding an additional condition to your Commercial Harbor. Activities Permit. Specifically, the condition is that your operation gust comply with Section. 5011.01.0 of the. Newport Beach Municipal _ Code, which states: 5.11.010 "Signs on Watercraft. Any person having a license for the business Of U -drive boats or watercraft for hire and who pursuant thereto rents any paddleboard, kayak, pedalo or similar type of craft shall as a condition of� maintaining such license and doing such business install and maintain on all _ sueh craft in sight of the operator.a sign -stating that the use of -the craft is prohibited in the entrance channel of Newport Harbor." Please contract the Marine Department in writing as soon as these changes have beef`nade on the vessels that you charter under the above permit. If you have questions in this regard please call meat 644-3044. Sincerely, _ Tony Mel Tidelands Administrator TN:db '4100 Nwainort Botilewird. Ialewnort Beach CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 :-. November 18, 1986 Anchors Away c/o Alan Senall 9643 D Westminster Blvd. Garden Grove, CA 92644 Re: Commercial Harbor Activities Permit - Anchors Away Dear Sir: As provided by Section 17.41.070 of the Newport Beach Municipal Code, the Newport Beach Marine Department is�adding an additional condition to your Commercial Harbor Activities Permit. Specifically, the condition is that your operation must comply with Section 5.11.010 of the Newport Beach Municipal Code, which states: 5.11.010 "Signs on Watercraft. Any person having a li.cense for the business of U -drive boats or watercraft for hire and who pursuant thereto rents any paddleboard, kayak, pedalo or similar type of craft shall as a condition of maintaining such license and doing such business install and maintain on all such craft in sight of the operator a sign stating that the use of the craft is prohibited in the entrance channel of Newport Harbor." Please contact the Marine Department in writing as soon as these changes have been made on the vessels that you charter under the above permit. If you have questions in this regard please call me at 644-3044. Sincerely, Tony Mel Tidelands Administrator TN:db //"2 70 J00C,4w s, 1 �I 70 J00C,4w 4 �� ,PO CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 August 12, 1986 Jordan Wank 1800 North Highland Avenue` Suite 100 Hollywood, CA 90028 Re:. Fun Zone Dear Mr. Wank: Attached you will find those documents from ou.r files relative to conditions placed on construction of the marina bayward of the Fun Zone. I have highlighted i'n yellow those conditions that I feel are most relevant to.the concerns of the City of Newport Beach. We feel that of those important -conditions hi'ghli'ghted, the marina operator is not complying with the followfng conditions-: 1. Even though the pump out stationAs installed, i't As either not operational and/or not'available.to the tenants, due to the fact that the slip or side tie immediately bayward of the station has a.vessel in it Thts vessel makes.the pump out station so difficult to use that it becomes, for all purposes, unuseable-, ..1n addition,.our-'inferpretati'on of the conditions placed on the ,marina i's that this pump -Out station should be available to the public; by allowl.n.g a vessel to be side tied itTsunavailable. ` Ue request again that this pump out statio'n'be made operational, that th.e si;de., tie be left open and painted red, and that no vessels be moored in this area. _ 2. The Coastal Commission required, and your parking,requ %rements for the marina were based on condition number one of the Coastal permit, that the four inland most docks on the easterly section of the marina should be open to.the general.publi'c during the hours of operation and should not be leased out.and the information about this should.be prominently posted. It is our feeling that those slips are being leased out; they are not available to the general public and are not posted as required. Once you have reviewed .the attached, if you have any questions please contact me at your convenience. Sincerely, Tony Mum, Tidelands Administrator 3300 Newport Boulevard, Newport Beach CITY OF NEWPORT BEACH L 191x[ July 30, 1986 Fun Zoite Marina - Attn: Bruce Wank. 66D Newport Center Drive Suite 215 Newport Beach., CA 92660 Dear Mr. Wank: We have not recetyed a response from you relative to our letter of June 6, 1986, wherein we indicated that your marine pump -out facility at the above marina is not operational, in that it is not available for use snce a vessel is :continually berthed at a slip immediately adjacent to the pump. To.comply with your permit conditions this. slip must be'patnted red and left open .so that vessels wishing to -use the pump -out station can get in next to it. In addition to the above, the Coastal Commission required and. it is a condition of your permit, that two slips be left open and available for transient boaters. An inspection of your marina has indicated that no slips are.left open•and available to the transient boating public. T must inform you that your parking requirements for that marina are based on the fact that these two slips must be left open, Please contact me by August 10th to let'me know your.resolution of the above problems. If we have not heard from you, we will have no alternative but to turn this -utter over to the City Attorney's office for follow up. Sincerely, Tony Mel m Ti�delan s Administrator TM: db City Hall - 3200 Newport Boulevard, Newport Beach, California 92663 CITY OF NEWPORT BEACH MARINE DEPARTMENT ATTENTION: TONY DEAR TONY, THIS LETTER IS TO LET YOU KNOW OF THE STATUS OF THE HEAD PUMP AT THE BALBOA FUN ZONE. WE HAVE BEEN IN CONTACT WITH KETTON EQUIPMENT CO. I NB SAN DIEGO WHICH IS THE MANUFACTURES THE PUMP A HEAD. WE HAVE SET A MEETING FOR TUESDAY MAY 26, AT 10 AM TO FIX THE HEAD PUMP. YOU ARE WELCOME TO COME TO THE MARINA AT THAT TIME AND INSPECT THE OPERATION. AS WE HAVE DISCUSSED, DUE TO THE POSITION OF THE PUMP, AND THE LOCATION OF OUR MARINA TO THE FERRY THIS HEAD PUMP WILL BE FOR OUR TENANTS AT THE BALBOA FUN ZONE MARINA ONLY. r June 5, 1989 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Marine Dep a"rtment The Jonasson Company 4301 Birch Street Newport Beach, CA 92660 Dear Sir: The Marine Department has corresponded with your office on two previous. occasions, April 24th and May 2nd, regarding the importance of maintaining the public pumpout facility in a proper manner. The May 2nd letter specifically addressed the problem of accessibility to the pump and the im- portance of keeping it free from moored vessels. Your tenant who rents pontoon boats has had a boat tied up to the pumpout dock for several days. This is to notify you that vessels cannot be moored to the above mentioned location. If it does occur again, the Marine Department will turn this matter over to the City Attorney with the recommendation that your Pier Permit be revoked. If you need to discuss this matter further, please call me at (714) 673-1761. Sincerely PesArma;d Harbor Inspector WA: 1 a cc: Monica Mazur Public Health, Water Quality Control Section John Mijares State Regional Water Quality Control Board Tony Melum City of Newport Beach Marine Department P.O. Box 1768 Newport Beach, Ca. 92663-3884 Dear Mr. Melum: Enclosed is a map of our slips at the Balboa Fun Zone. We received a letter from Wes Armand on December 12th requiring the installation of pump out stations solely for the use of vessels leased or chart- ered by the club. We did schedule an appointment and Marine Department officials did inspect our pump out station located adjacent to our slips. i hope this meets with your approval. Sincerely, ot�14' Chris Mosier 746 Washington St., Marina del Rey, CA 90292 3600 South Harbor Blvd., Oxnard, CA 93030 (213) 822-6617 • 600 East Bay Ave., Ste. A-4, Newport Beach, CA 92661 (714) 673-7763 (805) 985-5219 • 429 Shoreline Village Dr., Ste, M., Long Beach, CA 90802 (213) 432-4672 1 w YO' CITY OF NEWPORT BEACH Marine Department Agenda Item No. F-18 October 28, 1985 TO: MAYOR AND CITY COUNCIL (. �d FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 112-604 BY BALBOA MARINA FUN ZONE LTD. TO REVISE THE COMMERCIAL DOCKS BAYWARD OF 600 EAST BAY AVENUE Recommendation: If desired, approve the application subject to the following conditions: 1. Approval of the California Coastal Commission, 2.. Approval of the Army Corps of. Engineers, 3. Approval of the City of Newport Beach Public Works Department regarding plans and specifications, 4. Relocation of the vessel pumpout.stati'on as designated on the plans, 5. That a 15' minimum fairway be maintained between side ties closest to the boardwalk, - 6. That the number of vessels in the marina not exceed,,22, 7. That those conditions attached to the Harbor Permit approved by the City Counci'l on 11%13/79 that are applicable.to this permit be included in this permit. This application is before the City Council as required by Section 5.C.3. of the Harbor Permit Policies which states: 5.C.3. "Prior approval of the City Council will be required before issuing a permit for.shore-connected structures when the abutting upland property is zoned commercial". The applicant is proposing a revision to an existing commercial marina. The revision will not affect the number of boats berthed there, but will enhance the marina's ability to accomodate larger vessels. The basic overall configuration of the marina will remain the same. The vessel pumpout station will be relocated from the southwesterly corner out to the northeasterly corner, next to the public. dock. Thi's should increase its visibility and useage. David Harshbarger Marine Director Tony Me um Tidelands Administrator TM: db Drawing ,attached j P O S - Z `�1Y: Z m • ?�. PALM STREET �:._. 21 T 12' M 5 NDN '.2 v � AP9 �0 ^�p �uNiNr IP}"rvfS I O IZ -- I \\ V I i I ! \ L� IW I 0 III NEON"I Z \ H_ 0 ? -�- ------ .P W it v Q2b TrMnaiant ^! PNaW.PuegE-o �c.`+ is - /� Station _ I WASHINGTON STREET pq P If�- � I BALBOA FUN ZONE MARINA ASSOCIATES YAVAR INDUSTRIES, R.E. .,W.• ARCHITECTS a.A s. n•w 660 NEWPORT CENTER DRIVE SURE 216 NEWPORT BEACH, CA. (714) 720-7480 onsiii'uo DAYTON ASSOCIATES - ARCHITECTS 2241/2 Sapphire Avenue BALBOA ISLAPA, CALIF. 92662 TO 4'_"—' t Ty e r-= Lrti �3p—r H LIEUMB OF UMMMEOVUL DATE.//� {�,/^' (.� V ! JOB NO. d 4 -�•% ATTENTION �� / �g RE: n rV \ A M Z)Or--L For your use ❑ L( I� !13 WE ARE SENDING YOU Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order r l 6�� COPIES DATE NO. DESCRIPTION ❑ For your use ❑ L( I� !13 As requested ❑ df <%%►EA ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ❑ As requested ❑ Returned for corrections ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 REMARKS ❑ Resubmit copies for approval ❑ Submit copies for distribution ❑ Return corrected prints ❑ PRINTS RETURNED AFTER LOAN TO US COPY TO SIGNED: PRODUCT 240-2 e5 Inc., cmmn, Mm 01471. If enclosures are not as noted, kindly notify us at once. ,r T U - Z Cq�/ Fp RNP P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 April 20, 1989 J. C. Hill JOnasson Company 4301 Birch Street Newport Beach, cA 92660 Dear Sirs: t/ z- (0® Y ��p This letter gives you notice of the Marine Department's concern about the condition of the public pumpout facility at the Fun Zone location. The County Health Department has notified this department that at the time of a recent inspection it was noted that the hose to the pump was torn and punctured. It is important to keep the pump in good working condition. If the pump does not work properly, the boating public cannot have confidence in the pumpout service. This letter is sufficient notice to you that the pump must be put in good working order at the soonest possible date. Please call the Marine Department office at 644-3044 if you have questions about this matter. Sincerely; el '' �'" rma Harbor Inspector 3300 Newport Boulevard, Newport Beach CITY CSP NEWPORT EACH July 30, 1986 Fun Zone Marina ---- Attn: Brice Wank 660 Newport Center Drive Suite 215 Newport Beach, CA 92660 Bear Mr. Wank: !Je have not received a response from you r'e'lative to our letter of June 6, 19.86, wherein we indicated that your marine pump -out facility at the above marina is not operational, in that it is iot available for use since a vessel is continually berthed at a slip twediately adjacent to the pump. To comply with your Permit conditions thi's slip must be painted red and left open so that vessels wishing to use the pump -out station can get in next to it. In addition to the above, the Coastal Commission required, and it is a condition of your permit,, that two slips be left open and available for transient boaters. An i'nspecti'on of your marina -has indicated that no slips are left open* and available to the transient boating publi.'c, 1must inform you that your parking requirements for that marina are based on the fact that these two slips must be left open, Please contact me by August 10th to let'me know your resolution of the above problems. If we have not heard from you, we will have no alternative but to turn this matter over to the City Attorney `s office for follow-up. Sincerely, AP0111Z11.1 Tony Mel, m Ttdelan s Administrator TM,..db City Ball ® 3300 Newport boulevard, Newport Beach, California 92663 9 i -mm ibING Rmut-smD BY a. Consolidated Savings Ba 385 W. Central Avenue Brea, California 92621 Attn: Karen Jacob Vice President The undersigned, Ralph Gray and V. L. Debbie Gray as the owner and holder of the Note secured by deed of trust dated July 20,-1984 made by The Balboa Marina -Fun Zone Ltd, a Limited Partnership as Trustor, to -Title Insurance and Trust Company, a California Corporation as Trustee, for Ralph Gray and V. L. Debbie Gray .Beneficiary, which deed of trust was recorded July 23, 1984 , as Instnunent No. 302654 in Book Page Official Records, County, of Orange , State of California, hereby substitutes Ralph Gray and V. L. Debbie Gray as Trustee in lieu of the trustee herein. Ralph Gray and V. L. Debbie Gray :-hereby accepts said appointment as Trustee under the above deed of trust, and as successor Trustee,,and pursuant to the request of said owner and holder and in accordance with the provisions of said deed of trust, does hereby RECONVEY WITHOUT wARRANTy, TO THE PERSON OR PERSONS, I AMY ENTITLED THERETO, ALL the estate now held by it under said deed of trust. IN WITNESS WHEREOF the owner and holder above named, and Ralph Gray and V. L. Debbie Gray as successor Trustee, has caused this instrurr>P.nt to,be"executed, each in its respective interest. Dated 00, a Beneficiary i ay a Sucgbssor Trustee CAT. NO. NNO0627 PP TO 1944 CA (1-83) TIL TIT® fi INSURANCE (Individual) s STATE OF CALIFORNIA COUNTY OF SS. On before me, the undersigned, a Notary Public in and for said State, personally appeared a %r r A.b y personally known to me or proved to me on the basis of satisfactory evidence to be the person— whose name „ i S subscribed to the� OFFICIAL.. SEAT,, within instrument and acknowledged that � exe- BRUCE L'AWRENCE:WANK cuted the same. a► NOTARY PUBLIC -` iALIFORNIA WITNESS my hand and official seal. My ORANGE 'GOUI�Y comm. expires JUL 8, 1988 Signature I (This area for official notarial seal) 9 ­4t6.v. c 7/22186 CITY OF NEWPORT BEACH P.O. BOX 1768 NEWPORT BEACH, CA. 92663-3884 ATTN: TONY MELUM DEAR TONY, PURSUANT TO OUR CONVERSATION AT THE BALBOA FUN ZONE MARINA, I WOULD LIKE TO AMMEND OUR COMMERCIAL HARBOR ACTIVITIES PERMIT FOR ANCHORS AWAY BOAT RENTAL. CONDITION NUMBER 6 OF OUR PERMIT READS, " DAYS AND HOURS OF OPERATION SHALL BE 7 DAYS A WEEK, i OAM TO DUSK ". DUE TO THE FACT THAT EACH VESSEL IS EQUIPPED WITH A COMMUNICATION DEVICE, AND A SET OF RUNNING LIGHTS, ALONG WITH A CATCH BOAT AVAILABLE FOR ANY EMERGENCIES, WE REQUEST THAT THE BOATS BE ABLE TO OPERATE UNTIL 10 P.M., SEVEN DAYS A WEEK. SiNaRELY. JOANNE AND ALLAN SENALL OWNERS . �-..` ® cr.n.. CITY OF !NEWPORT BEACH Agenda Item No.: F-12 Marine Department 1. July 14, 1986 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION 112-604 BY THE'BAL50A FUN ZONE TO REVISE THE COMMERCIAL MARINA BAYWARD OF 604 EDGEWATER Recommendation: If desired, deny this application. i)isrucsinn- This application is before the Ci:ty.Council as required by Secti;on.5.C.3. of the Harbor'Permit Policies, which states: "Prior approval of the Chity Council will also be required before issuing a.permit for shore -connected structures when the upland abutting property is zoned commercial." The applicant currently operates a commercial marina bayward of 604 Edgewater. Currently the marina is used to berth private vessels and to berth a number of small vessels for rent. The applicant is proposing to install an amusement game/ride within the commercial marina in the area, as designated on the attached diagram. The game/ride would use a portion of the 28' x 381. pier and the first two diagonal slips. The game/ride would consist of 5 to 10 steering pedestals mounted on the 28' x 38' pier. Participants would enter the pier area, pay a designated fee for a set period of time to operate the steering pedestals, which would then maneuver remote controlled model.boats floating in the area of the first two.now existing diagonal slips. Construction changes to the marina would consist of the installation of the 5 to 10 steering pedestals on the 28' x 38' pier, and the roping off of the water area around the first two diagonal slips. Small floating islands would be moored in the water area to give the partficipants in the "game obstacles to maneuver the model vessels around. The Marine Department is recommending denial of the revision as required by Section 1.C, of the Harbor Permit Policies, which. states: "Only piers, floats, certain patio decks and their appurtenances shall be permitted between the bulkhead and pierhead lines.."' The installation of the game/rde.would eliminate at least two marina slips and could pose an access problem in the area of the pier for the remaining tenants in the marina. In the addition to the above, historically no businesses, have been approved between the bulkhead and p'erhead lines, except for fuel docks. David . M,arshbarger, Marine Director Tony Melum, Tidelands Administrator TM:db 1,7-6, ® 7- V' o'er &'eACAI _QI a.a ��� tt7etl• as x`•� �3 a w LJ •7.0 �E ers.unrri 11v ® .v o Q T'a0 aweQo.e ,�IsAG�' L,�1iG J e+ yes C ® ®ra{q S /7 VICI NI'i Y SKETCH NewnoRr 5AY, CAL IFOa MIA19 :�'_aaa SocsndtvsQS sas@ expressed i,, t"me/ *Id dsno/� cf pths be/ary aeads L.o,ater LOW WCV'O �J®remvcr�, �j oo.99e ®F fod� ca /+rc�zier�,afeey !G?,!�e Nblo- oe /is9C5 ' sire es�abfishaa��es9 s�hiS , se•efr®t� �¢'t�/eena�stsrf ��j A rf I I i i lit ! 8 IT i �SPJL-� �ql r T-111 1_71va Ln 4 %ru € 1 i t i i , � } . i -i ��'✓..fT: ;UQelr j�! " - - e -- -•� gel s� ��17C��'�s �i g lit s i_ : , I iDi LJ Q„ P,41Pk?NG '4 3S• 3'd ` . 35: x" Ars io 20 ?o 4,0 so roo �.l c•Atv?'S fUry ZO �i'.EY�'G o�-'r�G-7vi C©• s! r' /- � 8 �t�. C� 7 Tt�Acr�Aysfvt: -.1a7e o400�'Es5 6 e- .�Deewo4TGoe CoAlrQ.�ACr4oA 8 � CITY OF NEWPORT BEACH Marine Department July 8, 1986. TO: CITY CLERK FROM: Marine Department SUBJECT: COUNCIL AGENDA OF JULY 14, 1986 Please remove Item F-12 from the.Council-Agenda.for July 14, 1986. This item is a Staff'Report from the -Marine -Department concerning an application by the Balboa.Fun Zone Company to revise their commercial marina. The request for removal from the agenda came from -Mr. Wenk of the Balboa Fun Zone Company. David Harshbarger Marine Director. DH:db __ .. �. ._ _„- . ..-� ()� { 4 j l J/, __ .. �. ._ _„- . ..-� 4 POS T CITY OF NEWPORT BEACH U a P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 c �P .q/-, Fo RN June 16, 1986 Fun Zone Marina c/o Yavar Industries Attn: Bruce Wank -- 660 Newport Center Drive Suite 215 Newport Beach, CA 92660 Dear Mr. Wank: Thank you for your letter of May 26 wherein you indicated that you are in the.process of getting the marine pump out at your marina operational.' While I can understand your concerns about making the pump available to the public, it appears from'a review of the file that this was a condition of your City Permit, and a condition of your Coastal approval for the marina rebuild. Therefore, the City requests that the location -in front of the pump be painted in red, and that no vessels will be allowed to be berthed there, and that the pump be available to the public. If you have any questions in this regard, please contact me at 644-3044. Sincerely, /�6 � Tony Me m Tidelands Administrator TM: db 3300 Newport Boulevard, Newport Beach _ � t 9 /� TELEPHONEDPLEASE CALL RETURNED YOUR CALL WILL CALL AGAIN CAME IN TO SEE YOU URGENT MESSAGE f'LiI • v _ G F. (Contd.) 12. COMMERCIAL HARBOR ACTIVITIES PERMIT - Approve the request to transfer the permit for Anchors Away, a pontoon boat rental at the Balboa Fun Zone, 604 Edgewater, (subject to the conditions of approval listed in the staff report) from Joan Burch Senall to Joan Mahurim and Kermit Johnson. (Report from Marine Department) Removed 13. HARBOR PERMIT APPLICATION #129-2801 - Approve the (withdrawn by application (subject to the conditions of approval applicant) listed in the staff report) of James Carter to revise the commercial docks bayward of 2751 and 2827 West Coast Highway. (Report from Marine Department) 14. RESUBDIVISION NO. 745 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 745 (a portion of Block D of the Corona del Mar Tract located at 311 Carnation Avenue and Bayside Drive, northwesterly of Seaview Avenue in Corona del Mar); and authorize the Mayor and City Clerk to execute subject agreement, and release the Faithful Performance Surety and Labor and Material Surety [Letter from List American Bank]. (Report from Public Works Department) 15. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 835 - Accept the public improvements constructed in conjunction with Resubdivision No. 835; authorize the City Clerk to release the Faithful Performance Surety in the amount of $1,701 (deposited into Account No. 02-217-02 on March 11, 1987, Receipt No. 04584) and release the Labor and Materials Surety in the amount of $1,701 [deposited into Account No. 02-217-02 on March 11, 1987, Receipt No. 04584]. (Report from Public Works Department) 16. JAMBOREE ROAD WIDENING FROM COAST HIGHWAY TO BACK BAY DRIVE (C-2564) - Accept a Negative Declaration of Environmental Impact to stockpile excess soil from widening Jamboree Road outside the right-of-way for a future public works project (Coast Highway Widening Phase 2); find that the initial study and the Negative Declaration have been prepared in with the California Environmental Quality Act; find that their contents have been considered in the decisions of the project; find that the project incorporates sufficient mitigation measures to reduce potential significant environmental effects, and that the project will not result insignificant environmental impacts; approve the plans and specifications; and authorize the City Clerk to advertise for bids to -be -opened-at-- -s- -a—.m: on July 9, 1987. (Report from Public Works Department) 17. CORONA DEL MAR COMMUNITY YOUTH CENTER - (C-2511) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on July 1, 1987. (Report from Public Works Department) - 12 - SPEAKERS MUST LIMIT REMARKS TO FIVE MINUTES ON ALL AGENDA ITEMS., 6,---i- E-8�7 May 15, 1986 CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Anchors Away 9643 D Westminster Blvd. Garden Grove, CA Re: Commercial Harbor Activities Permit "Anchors Away" Dear Joanne Burch Senall: As required by Chapter 17.41 of the Newport Meach Municipal Code, the Newport Beach Marine Department is issuing CommercialHarbor Activities Permit "Anchors Away" to you subject to the following condi'ti'ons:._ 1. That the permittee agrees to comply with all pertinent Municipal Code provisions and City Council Harbor Permit Policies. 2. That the applicant be responsible for towing away any of their vessels that become disabled. 3. That the maximum number of vessels will be five (5). --" 4. That the vessels will be berthed at the Fun Zone Marina. 5. Passengers will be loaded and unloaded at.the Fun Zone Marina only. 6. Days and hours of operation shall be 7 days a week, 10 A.M. until dusk. 7. Each vessel shall be equipped with a communication device to facilitate call backs to the Fun Zone Marina. 8. Sewage, trash and litter shall be disposed of at:the'Fun Zone Marina in an area and manner approved by the Marine Department. 9. Two parking spaces of the required 15 parking spaces a t,Fun Zone ""ar na will be reserved for "Anchors Away". 10, Vessels shall be equipped with all required and necessary safety devices, 11. That the permittee shall hold the City, the CoUnty of Orange, and the Orange County Harbor District harmless from, and indemnify said agencies against any claim for damages arising out of the exercise of the permit; in addition,the permittee shall reimburse said agencies for all attorney's fees and other costs which are expended by them in defending against any claim,.lawsuit or judgment arising out of the activities of the permittee carried on under the authority of such permit. 3300 Newport Boulevard, Newport Beach CHAP "Anchors Away", page 2 12. That the Marine Director or City-Councih, on approval or review, shall have the power to=impose new conditions .or'modify existing conditions with regard to this permit upon a'determination that the operations by permittee, in the absence`of new or modified condtions.-' does adversely impact the health, safety or welfare of those who use, enjoy and own property near the waters of Newport Beach. This permit is not valid unless signed by the MarineDirector. Your attention is particularly invited to the above` conditions. All copies shall be signed and dated by the permittee or; authorized agent. The signer's name and title, if.any, mustbe typed'or printed below the signature. All copie.s'should-be`'returned.'to thisoffice. The permit will then be validated and one copy wl be returned to you.. a 0 ermi tt& Date Grine Department Date CITY OF NEWPORT BEACH Marine Department April 17, 1986 TO: BILL WARD, PLANNING DEPARTMENT FROM: Tony Melum, Marine Department SUBJECT: COMMERCIAL HARBOR ACTIVITIES PERMIT FOR. ANCHORS AWAY Attached is an.application for the above,operation. They propose berthing five vessels with a maximum passenger: load of 6 persons per boat, at the Fun Zone Marina. Based on our parking requirements,.they would.need ten parktng spaces. It could.possibly be argued that in this case, since -these are very small vessels, that.1.space per vessel is more reasonable, Therefore, they might need only 5 spaces. My questions to you are: 1. How many spaces_ -do you think they need? 2. Can the Fun Zone provide either 5 spaces or 10 spaces? See attached letter from.Fun Zone operator, Tony Mei7m TH:db TONY MELUM APRIL 9, 1986 P.O. BOX 1768 NEWPORT BEACH CA. 92663 DEAR TONY, THIS LETTER IS IN REGARD TO THE APPLICATION FOR A BOAT RENTAL AT THE BALBOA FUN ZONE. WE ARE AT THIS TIME ABLE TO PROVIDE TWO SLIPS TO THE PERSPECTIVE OPERATOR. THESE SLIPS CARRY A PARKING CAPACITY UNDER OUR CURRENT MARINA PERMIT OF 1 1/2 SPACES. OF THE 15 AVAILABLE SPACES FOR OUR MARINA MANY ARE NOT SPOKEN FOR, THUS I WOULD HAVE NO PROBLEM PROVIDING 2 1/2 ADDITIONAL SPACES FOR OUR OPERATOR. I WOULD LIKE TO NOTE THAT MUCH TIME, EFFORT AND EXPENSE HAS GONE INTO THE FUN ZONE. I HAVE PERSONALLY BEEN RESPONSIBLE FOR LEASING SPACE TO THE "RIGHT" TYPE OF TENANT TO ASSURE THE RIGHT MIX FOR THE PROJECT. I THINK THAT A BOAT RENTAL ALONG WITH MERRY-GO-ROUND AND FERRIS WHEEL WOULD ENHANCE THIS MIX. I DO NOT FEEL THAT THESE ADDITIONAL SPACES WILL REALLY BE NEEDED, BECAUSE THE PATRONS OF THE BOAT RENTAL WILL BE WALK BY TRAFFIC. BY THE WAY, THE GRAND OPENING OF THE FUN ZONE WILL BE APRIL 19. 1 WOULD BE VERY HAPPY IF YOU WOULD RELAY THIS INVITATION TO YOUR OFFICE AND FAMILY. COME TAKE A RIDE ON THE FERRIS WHEEL AND SEE THE SIGHTS. ell/ `f l .7 P S CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 MARINE DEPARTMENT Phone -- 644-3044 COMMERCIAL HARBOR PERMIT APPLICATION Filing Fee: $365.00 Business Name: L 0 tL (�z 1,tj ti V Business phone 637-7334) Business Mailing Address. �U- qLb -W1C,-:,-trAi1L46tr-(- ovd, City and Zip, 61gwo-c-p( (,acue- 14ewpeV- Address of Business (if same, write same) t6b 4Y city & Zip a Z-R&h - If business is a corporation or operated under a fictitious name or partnership, please indicate all principals: Name .—Add -res st- AILD e,4 - 6/2,a&F- Of- Home phone 2. Name Address', Home phone 3. Name Address Home phone The name, address and telephone number of the person, or persons, who will have general management responsibility for the applicant business: !F> 14 ro --- Name Address Home phone Please indicate a complete description of the proposed method of operation of such vessel, watercraft and/or other facilities,.including but not limited to: 1. Location where vessel will be permanently berthed: 6tt. 9— Pi+,J 2. Location where passengers will be loaded and unloadedi 3. Maximum number of passengers carried, to P -e- (- � CAT . 4. Location where required parking for passengers, employees and crew will be provided: Lot) A j P-4jLJ-Z-4W4- -2-c"G- 5. Days business will operate - 6. Hours of operation: 7. Route(s) of Travel: 8. Types of activities permitted on board: AJ 6)4, V V 3300 Newport Boulevard, Newport Beach Commercial Harbor Permit - page z 9. Types of merchandise to be sold: 1)( -'ac 10. Is Coast Guard certification required? if not, why not? I 'Ot&��Ok 11. Type and amount of liability insurance carried for this specific operation, 6-&o lb"A-Ai_ ), iv Carrier:. -bt1J 12. All other pertinent information: h_ - Ila t Vh -1 6u` ".b 44 A Oso"OE 0 >niD 6-Ap i- � 13. Describe the manner in which you intend to dispose of sewage, trash and litter resulting from this operation: 47 M 14. Describe the type of entertainment which the applicant proposes, if any: AD" Ic- PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE, . TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FOR PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the Date 3 - 6 - IC09 to e hone No. Fe—p is true and erect. cant's signature '?t q3ar!6uwo�r Abbe Residence address 6_AQ_z "y C—'V_P C"F FORWARD TO THE FOLLOWINGDEPARTMENTSFOR INVESTIGATION AND RECOMMENDATION: Chief of Police: Orange County Harbor District* Other Other . Approved/Denied by Marine Department (and date) ""L)4 o4t3 ji--f W i'+IA Co JJ 0 01-) WINTER LAKE CONSULTANTS Gid 1800 N. HIGHLAND, STE. 1006 2 HOLLYWOOD, CA 90028 19 �_ C1&4 PAY 4'® 1220 PROM OF DOLLARS SECURITY Y PACIFIC NATIONAL BANK Highland & Hollywood Office 6777 Holl ood Blvd. Hollywood, CA 90028 FOR !: 2 200004310"0 Ira 21,10111"0035,7211141 1 w i r Business Name: CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 MARINE DEPARTMENT Phone -- 644-3044 COMMERCIAL HARBOR PERMIT'APPLICATION Filing Fee: $365.00 I. - .Business phone6 32-7 3� Business Mailing Address I - tK)Lj&tcc- MAI City and Zi Cenw-,4 Cacoc Address of Business (if same, write same) b66 8,4Y 40 C7 City & Zip ,4= If business is a corporation or operated under a fictitious name or partnership, please indicate all principals: ef� torted-- NameAddressxl)e�4 6ae I Home phone 2. At, 2. Name A3dcess ----------Home pFone 3. Name Address --Rome phone The name, address and telephone number of the person, or persons, who will have general management responsibility for the applicant business: Name —Address Home phone Please indicate a complete description of the proposed method of operation of such vessel, watercraft and/or other facilities,.including but not limited to: '=-L'. ,1 2."/4 e- ~0- 1. Location where vessel will be permanently berthed: 6&e 6 6 #4 q a-- Pc4 WJJ - 2. Location where passengers will be loaded and unloaded: 3. Maximum number of passengers carried- to . -,-. r a, e PrT 4. Location where required parking for passengers, employees and crew will be provided: Lot) e, iqo, A d 5. Days business will operate: . -7 'D'4�s 6. Hours of operation: 7. Route(s) of Travel: - 8. Types of activities permitted on board:_ 3300 Newport Boulevard, Newport Beach 'Types of merchandise to be sold: >POLIE irke-il Is Coast Guard certification required?- If not, why not? or - ct4 6 041a 1. Type and amount of liability insurance carried for this specific "operation - z iv Carrier: 12. All other pertinent i'nformation: o L I &u is 4v r A -0ak�F- 00.:4 bcif - 13. Describe the manner in which you intend to dispose of sewage, trash and litter resulting from this operation: 47 Mel &'�jQj-4 14. Describe the type of entertainment which the applicant proposes, if any: Awc- PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE,.'TOGETHER WITH SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FOR PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the f .0 Date 3- �-'o -11 q — Telephone No. d> Yl 1b is true and c"rect. cant -s- si-gna Residenc address 6,4aoely cf FORWARD TO THE FOLLOWING DEPARTMENTS FOR INVESTIGATION AND RECOMMENDATION: Chief of Police: . ........... .. Orange County Harbor District,: Other Other Approved/Denied by Marine Department (.and date) qj C' +4A 0— /J J 0 P4 C. A 4 C/?- -rr, j4A AIL� 4 Ar 4 " z < -2/ April 17, 1986 TO: FROM: SUBJECT: CITY OF NEWPORT BEACH Marine Department BILL WARD, PLANNING DEPARTMENT Tony Melum, Plarine Department COMMERCIAL HARBOR ACTIVITIES PERMIT FOR ANCHORS AWAY Attached is an_application for the above operation. They propose berthing five vessels with a riaximum passenger load of 6 persons per boat, at the Fun Zone "Marina. Based on our parking requirements, they would need ten parking spaces. It could possibly be argued that in this case, since these are very small vessels, that 1 space per vessel is more reasonable. Therefore, they might need only 5 spaces. My questions to you are: 1. How many spaces do you think they need? 2. Can the Fun Zone provide either 5 spaces or 10 spaces? See attached letter from Fun Zone operator. Tony Mel m TPI: db �nn� TONY MELUM APRIL 9, 1986 P.O. BOX 1768 NEWPORT BEACH CA. 92663 THIS LETTER 1S IN REGARD TO THE APPLICATION FOR A BOAT RENTAL AT THE BALBOA FUN ZONE. WE ARE AT THIS TIME ABLE TO PROVIDE TWO SLIPS TO THE PERSPECTIVE OPERATOR. THESE SLIPS CARRY A PARKING CAPACITY UNDER OUR CURRENT MARINA PERMIT OF 1 1/2 SPACES. OF THE 15 AVAILABLE SPACES FOR OUR MARINA MANY ARE NOT SPOKEN FOR, THUS I WOULD HAVE NO PROBLEM PROVIDING 2 1/2 ADDITIONAL SPACES FOR OUR OPERATOR. I WOULD LIKE TO NOTE THAT MUCH TIME, EFFORT AND EXPENSE HAS GONE INTO THE FUN ZONE. -1 HAVE PERSONALLY BEEN RESPONS I BLE FOR LEASING SPACE TO THE "RIGHT" TYPE OF TENANT TO ASSURE THE RIGHT MIX FOR THE PROJECT. I THINK THAT A BOAT RENTAL ALONG WITH MERRY-GO-ROUND AND FERRIS WHEEL WOULD ENHANCE THIS MIX. 1 DO NOT FEEL THAT THESE ADDITIONAL SPACES WILL REALLY BE NEEDED, BECAUSE THE PATRONS OF THE BOAT RENTAL WILL BE WALK BY TRAFFIC. BY THE WAY, THE GRAND OPENING OF THE FUN ZONE WILL BE APRIL 19. 1 WOULD BE VERY HAPPY IF YOU WOULD RELAY THIS INVITATION TO YOUR OFFICE AND FAMILY. COME TAKE A RIDE ON THE FERRIS WHEEL AND SEE THE SIGHTS. ., ;.r71.Y`1 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 MARINE DEPARTMENT Phone -- 644-3044 -,COMMERCIAL'HARBOR PERMIT*APPLICATION Filing Fee: $365.00 Business Name: Balboa Pedal :Boats Business phone 760-8418 Business Mailing Address 4200 Park Newport #212 City and Zip. N.B. 92660 Address of Business (if same, write same)400 Main St. City & Zip N.B. 92660 If business is a corporation or operated under a fictitious name or partnership, please indicate all principals: 1. Steve Forbath, 4200 Park Newport #212, N.B. 92660 760-8418 Name Address Home phone 2. Jill Forbath, 4200 Park Newport #212, N.B. 92660 760-8418 Name Address., Home phone 3. Kelp Bozza, 3315 Florida, Costa Mesa 92626 557-9499 Name Address Home phone The name, address and telephone number of the person, or persons,, who will have,general management responsibility for the applicant business: Steve Forbath, 4200 Park Newport #212, NOB. 92660 760-8418 Name Address Home phone Please indicate a complete description of the proposed method of operation of such vessel, watercraft and/or other facilities,.including but not limited to: 1. Location where vessel will bepermanently berthed: In the Catalina. Nolid y's slip in front of the Balboa Pavilion. 2. Location where passengers will be loaded and unloaded: same as above 3. Maximum number of passengers carried: 2 per pedal boat — 10 boats, so 20 max. 4. Location where required parking for passengers, employees and crew will be provided: Please see attached page, 5. Days business will operate: 7 days a week during Easter and summer vacations weekends April and May. 6. Hours of operation: 9:30 a.m. to 5:30 p.m. while the Catalina Holiday is gone. 7. Route(s) of Travel: Pedal boats will be restricted to waters surrounding Balboa Island, from Bay Island to Zittle.Island excluding the ferry lane. 8. Types of activities permitted on board: pedaling for recreational pleasure 3300 Newport Boulevard, Newport Beach r, Commercial Harbor Permit - page 2 9. Types of merchandise to be sold: none 10: Is Coast Guard certification required? no If not, why not?neither sail nor motor 11. Type and amount of liability insurance carried for this specific operation.. I million dollar full coverage liability Carrier: Farmers 12. All other pertinent information: 13. Describe the manner in which you intend to dispose of sewage, trash and litter resulting from this operation: Arrangements have been made to use the dumpsters located behind the Pavilion. 14. Describe the type of entertainment which the applicant proposes, if any:, none PLEASE SUBMIT A DETAILED DRAWING OF THE BOAT, WATERCRAFT AND/OR OTHER FACILITIES WHICH APPLICANT PROPOSES TO USE,TOGETHER 'WITH -SUCH SPECIFICATIONS AND OTHER TECHNICAL DATA AS MAY BE NEEDED FOR PROPER EVALUATION OF THIS APPLICATION. I declare under penalty of perjury that the foregoing is true and correct. Date App i nt s sfgbature Telephone No. Residence a2dresF FORWARD TO THE FOLLOWING DEPARTMENTS FOR INVESTIGATION AND RECOMMENDATION: Chief of Police: Orange County Harbor District: Other Other Approved/Denied by Marine Department (and date) 4. PARKING or the patking It is requested that we be allowed to pay in lieu fees for required. This is already done by many of the businesses in Balboa, and is the only alternative for those businesses that don't have park- ing facilities on their property. As we have no parking facilities and, in effect, no property, operating solely on a dock leased from the Catalina, Passenger Service, in lieu fees are the only viable option. Further, we request that the required parking spots for our business be set at three --one spot for the operator of the business and two spots for customers. We feel these three spots are sufficient for the follow- ing reasons: The Pedal Boat rental will be auxiliary to other visitor destina- tions in the Balboa area. Even if people know the Pedal Boat rental exists, few, if any, will drive to Balboa just to rent a Pedal Boat. They will come to Balboa for other attractions and may then rent a Pedal Boat while there. These visitors will already have parked in facilities provided by their main destination, be it a restau- rant, the new Fun Zone, or the municipal parking lot if they have come for a day at the beach. A majority of our customers will not have known of the Pedal Boat rental before they arrive at Balboa. These people will be attract- ed to Balboa by the beaches, the pier, the Pavilion, the restaurants or the arcades and stores and will already be parked at these loca- tions. We will then draw customers from these people on foot as they walk by on the sea wall. Many of our customers will come from the people staying on Balboa Island and on the Pen:!%�ala in weekly rental property during the summer season. These people will have parked their cars at their rental units and will walk to our business. Pedal Boats are especially attractive to young people living in the surrounding area, many of whom will come to Balboa by bicycle and will be able to park these bikes in racks already provided at the Pavilion. All these reasons combine to greatly cut down or eliminate any potential adverse effects the Pedal Boat rental might have on parking in the Balboa area. Furthermore the person operating the business four out of the seven days a week, Jill Forbath, will be driven to the business by her husband, Steve Forbath, who already works in the area, freeing that spot. �s t DE- \j k IFZ-k"j -6 L) j l+ of -P, 6,-q e,%L) l fteA -F -tZ-c, N T V k K-_7 LJ OF \Jl�vj 69,- �QAONCA loo-tk -Go'-wo-'rA a-.r—J C) OJ fl0 0 l pi (V S T- U1+'-T3OA W RL-1cL.,jaY S-1�:AwavL- �$`l✓L� `�.� ��t 0,2: �.lL �.� t 1 v�.fe� C"cE7 `c�p�,q r.+V►i` r GS O�' �G�� K�1/l.�A �� �t9�-1'�C� r �.Q .�, ,� ,, u t/'!Jh P� .�' .fpr ,� //�� � /p CITY OF NEWPORT BEACH Marine Department February 19, 1986 TO: ORANGE COUNTY.SHERIFF'S HARBOR DEPARTMENT/HARRY GAGE FROM: Marine Department SUBJECT: COMMERCIAL HARBOR ACTIVITIES PERMIT APPLI'CATION BY BALBOA PEDAL BOATS Dear Harry: Attached please fi:nd a copy of an application submitted for a Commercial Harbor Activities Permit" Could you, at,your convenience, review this application and.indicate to the Marine Department any potential problems -your -office might perceive in regard to the issuance of a permit for.thi's*type, of operation? I Please forward your comments to the Newport Beach.Marine Department, attention of Tony Melum. Thank you for your help. Very truly yours, Tony Me um. TM:db r V ♦ LL «aj J iG W L-) W tL � O tl� C` Y V w A S w Z a LW A z Z F - Q J Ci. C� w CL Q S :n 1 t� 2 M w A cam- S s^� V �r w J J J S LL in 0 Li :9 S i� LU 0 S Q 0 w 1- w r M•1 A O H O a (4 F— B O O z CL LL. O I— f� CL h- I� O C4 0 LLI Z Gn w 0 S w J w W h— U O ;x i^— t/� 1 L.L] O Q LLI U LL LLI 1- fH U M z Standard Console All JC consoles are built for beauty, comfort and weather., Constructed from the finest marine. vinyls and corrosion resistant aluminum, the JC console provides years of trouble-free service. "WO 1"Iti Optional, Bar Party time? Not without this much desired option. r' Features storage cabinet and ice chest to help . ....... any�g;ir'ty or outing ting more pleasant. Tough n -spill rs. Vo'ruaca iop�and'two no` Ide i Entir6 bar is covered in weather resistant F �znPoppigloo sa ,, F "r r Al I Col spr Outboard Pontoon Specifications *Dinette, lounge and table Optional. gn *All equipment shown with exception of swim deck, dinette lounge and table and front lounge are standard equipment on all JC 820,824 and 828 pontoon boats. Also standard is 9' canopy on JC 820 and 824.13' canopy is standard on JC 828. All models come equipped with full running lights. Aluminum top standard on I/O models and optional on all other models. Deck Weight Maximum Weight less Maximum Model No. Pontoon size length in lbs. capacity motor and gear h.p. JC 828 28' x 23" deep 24' 1470 3500 3000 90 JC 28/28 28'x 23" deep 28' 1570 3500 3000 90 JC 824 24' x 23" deep 20' 1280 2950 2500 90 JC 24/24 24'x 23" deep 24' 1380 2950 2500 90 JC 820 20' x 23" deep 16' 1090 2400 2050 60 JC 20/20 20' x 23" deep 20' 1190 2400 2050 60 Ensign 24 24' x 23" deep 20' 1040 2950 2150 90 Ensign 20 20 x 23 deep 1-6."-'------'86S 2400 1850 60 gn *All equipment shown with exception of swim deck, dinette lounge and table and front lounge are standard equipment on all JC 820,824 and 828 pontoon boats. Also standard is 9' canopy on JC 820 and 824.13' canopy is standard on JC 828. All models come equipped with full running lights. Aluminum top standard on I/O models and optional on all other models.