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HomeMy WebLinkAboutM2014-0051 (3)R W; Z J; W ca a C7 Z .. 'JA O N� a, JI W Co.. =�, Co. V/ . 2'L W ~ a W Q Cl) Q Wi N J U) a W cc. CL V O J Q /O0 W O W Z1 IlSSIS O _ P v a /O/\\ V/ r N Z O tarry or Ivewpul t Dvw-l1 Building Department P.O. Box 1768 BUILDINU fthrV111 B-22401 Newport Beach, CA 92658.8915 A P P L I CATIONPLAN CHECK NO: Phone: (714) 644-3288 1 �: . BUILDING �/14� �- �Q ADDRES VVLL�� L 'J AV'L LOCALITY (CROSS ST.) STAT. AREA GRP TYPE PROCESSED BY BLOCK LOT NO. TRACT CONST. VACANT SITE USE OF LOT SIZE TSU TEUCT, GRADING APPROVAL REQUIRED ❑ YES O ED YES, O {{�'� rr-- (c T - TEL. - OWNER QC" T _.%4 S THC• NO. USE ZONE PARKING SPACES - ADDRESS X 2- D W II. Ire I SPC. E sp c. . C1TYo( �os Ametvi CA ZIP qool O CONTRACTOR TEL. ADDRESS NO. rRONTLoc. sETaecK rnoN '- - --. - PROP. LINE OF 19TREETI CITY - ZIP YARDS: REAR R.S. L.S. LICENSE STATE NEWPORT CLASS LIC. NO. LIC. NO. ZONING FAIR SHARE $ APPROVAL ARCHITECT TEL. - OR ENGR. NO. FIRE EXCISE TAX $ APPROVAL _ GRADING SAN. DISTRICT ADDRESS ZIP APPROVAL NO. ZONE $ LIC. PLAN CHK 'SJHTC $ CITY NO. BY . DESCRIPTION O WORK OTHER, NEW ❑ - ADD ❑ ALTER REPAIR ❑- DEMOLISH ❑ APPROVAL TO ISSUE TOTAL $ . SO. IT. SO. IT. OeR. No. No. STORIES rAHn1Es ' �" WORKERS' COMPENSATION DECLARATION 1 HEREBY AFFIRM THAT 1 HAVE A CERTIFICATE OF CONSENT TO SELF INSURE. OR A CERTIFICATE OF WORKERS' COMPENSATION INSURANCE, OR A CERTIFIED COPY .THEREOF(SEC. 9800. LAB.CJ. {{ I}' Q Rctoc • (S CKC UI v_ ... POUCY NO. COMPANY ❑ CERTIFIED COPY IS HEREBY FURNISHED. - ❑ COPY IS FILED WITH THE BUILDING DEPARTMENT. ._' -. - - - --" - SIGNATURE OF - CERTIFIED APPLICANT - DATE APPLICANT CERTIFICATE OF EXEMPTION FROM WORKERS' LICENSED CONTRACTORS DECLARATION I HEREBY AFFIRM THAT I AM LICENSED UNDER PROVISIONS OF CHAPTER 9 - COMPENSATION INSURANCE - (COMMENCING WITH SECTION 7000) OF DIVISION 9 OF THE BUSINESS AND 'THIS SECTION NEED NOT BE COMPLETED IF THE PERMIT IS FOR ONE HUNDRED PROFESSIONS CODE, AND MY LICENSE IS IN FULL FORCE AND EFFECT. DOLLARS (4100) OR LESS) ' - - 1 CERTIFY THAT IN THE PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT IS LICENSE CLASS LIC. NO. ISSUED. I SHALL NOT EMPLOY ANY PERSON IN ANY MANNER 50 AS TO BECOME SUBJECT TO THE WORKERS' COMPENSATION LAWS OF CALIFORNIA. CONTRACTOR DATE -DATE APPLICANT OWNER -BUILDER DECLARATION NOTICE TO APPLICANT: IF. AFTER MAKING THIS CERTIFICATE OF EXEMPTION. YOU SHOULD BECOME SUBJECT TO THE WORKERS' COMPENSATION PROVISIONS OF THE I HEREBY AFFIRM THAT I AM EXEMPT FROM THE CONTRACTOR'S LICENSE LAW FOR THE LABOR CODE. YOU MUST FORTHWITH COMPLY WITH SUCH PROVISIONS OR THIS PERMIT FOLLOWING REASON (SEC. 7091.5. BUSINESS AND PROFESSIONS CODE: ANY CITY OR SHALL BE DEEMED REVOKED. COUNTY WHICH REQUIRES A PERMIT TO CONSTRUCT. ALTER. IMPROVE. DEMOLISH. OR CONSTRUCTION LENDING AGENCY REPAIR ANY STRUCTURE. PRIOR TO ITS ISSUANCE. ALSO REQUIRES THE APPLICANT FOR SUCH PERMIT TO FILE A SIGNED STATEMENT THAT HE IS LICENSED PURSUANT TO I HEREBY AFFIRM THAT THERE IS A CONSTRUCTION LENDING AGENCY FOR THE THE PROVISIONS OF THE CONTRACTOR'S LICENSE LAW (CHAPTER B (COMMENCING PERFORMANCE OF THE WORK FOR WHICH THIS PERMIT IS ISSUED (SEC. 9097. CIV.CJ. WITH SECTION 7000) OF DIVISION 3 OF THE BUSINESS AND PROFESSIONS CODE) OR THAT HE IS EXEMPT THEREFROM AND THE BASIS FOR THE ALLEGED EXEMPTION. ANY LENDER'S NAME VIOLATION OF SECTION 7031.5 BY ANY APPLICANT FOR, A PERMIT SUBJECTS THE APPLICANT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS (fS00)J: LENDER'S ADDRE56 I CERTIFY THAT I HAVE READ THIS APPLICATION AND STATE THAT THE ABOVE INFORMATION IS CORRECT. 1 AGREE TO COMPLY WITH ALL CITY AND COUNTY ❑ 1. AS OWNER OF THE PROPERTY. OR MY EMPLOYEES WITH WAGES AS THEIR SOLE COMPENSATION. WILL 'DO THE WORK. AND TME STRUCTURE IS NOT INTENDED OR ORDINANCES AND STATE LAWS RELATING TO BUILDING CONSTRUCTION, AND HEREBY OFFERED FOR SALE (SEC. 70dd. BUSINESS AND PROFESSIONS CODE: THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF PROPERTY WHO AUTHORIZE REPRESENTATIVES OF THIS COUNTY TO ENTER UPON THE ABOVE-MENTIONED PROPERTY FOR INSPECTION PURPOSES. BUILDS OR IMPROVES THEREON. AND WHO DOES SUCH WORK HIMSELF OR THROUGH HIS OWN EMPLOYEES. PROVIDED THAT SUCH IMPROVEMENTS ARE NOT INTENDED OR OFFERED FOR SALE. IF. HOWEVER. THE BUILDING OR IMPROVEMENT IS SOLD WITHIN ONE YEAR OF COMPLETION. THE OWNER•BUILDER WILL HAVE THE BURDEN OF PROVING THAT HE DID NOT BUILD OR IMPROVE FOR THE PURPOSE OF SALE.). yyy��� ��- � -, / - Z `( 0 ❑ I. AS OWNER OF THE PROPERTY. AM EXCLUSIVELY CONTRACTING WITH LICENSED --2,1 T SIGNATURE OF PERMITTEE DATE Q Fees $ CONTRACTORS TO CONSTRUCT THE PROJECT (SEC. 7044. BUSINESS AND PROFESSIONS CODE: THE CONTRACTOR'S LICENSE LAW DOES NOT APPLY TO AN OWNER OF PROPERTY WHO BUILDS OR IMPROVES THEREON. AND WHO CONTRACTS Est. Val. $ 'Other FOR SUCH PROJECTS WITH A CONTRACTOR(S) LICENSED PURSUANT TO THE CONTRACTOR'S LICENSE LAW.). PIC Fee $ Permit Fee $ ❑ I AM EXEMPT UNDER SEC. . S.&P.C. FOR THIS REASON Final Val. $ Adj. P/C Fee $ DATE OWN 49"CBD $ Total Fees $ WORK MUST BE STARTED WITHIN A PEHwu yr IOV -TD rrTvin •— —I •..�•---• •-•• -•- • •••_ . _._..__ _ _ _ _ _ PLAN CHECK VALIDATION CK. M.O. CASH PERMIT VALIDATION CK. M.O. CASH NEWPORT BEACH FIRE DEPARTMENT 0 If October 5, 2004 1 ( Z 0 Hank Wiessner Fun Zone Boat Company 600 Edgewater Place Newport Beach, CA 92661 Subject: 600-700 Edgewater Place - Multiple Berthing Action Plan Permit Number HC2004-068 Dear Mr. Wiessner: I have received a letter from Tony Dalzell with Marina WaterSports dated September 21, 2004, regarding the issue of multiple berthing occurring at their marina. Their correspondence states that multiple berthing will be discontinued at Marina WaterSports. The diagram submitted depicts the docking of vessels in a manner that will no longer impede the removal of vessels at the marina. We appreciate their concern for the safety of the harbor and the decision to change their business practice to comply with the National Fire Protection Association (NFPA 303). This action plan submitted is approved and required to be implemented by January 30, 2005. An action plan for the Fun Zone Boat Company was received but not approved and a letter explaining the necessary revisions was mailed on August 5, 2004. To date, a revised action plan outlining modifications to your proposal has not been received. A revised action plan is required to be submitted immediately. Please contact Nadine Morris at (949) 644-3105 if you have any questions. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Sincerely, Timothy Riley Fire Chief cc: Tony Dalzell, president, Marina WaterSports Marina WaterSports, Inn. P.O. Box 538 Newport Beach, CA 92661 949/673-3372 o Fax 949/650-2481 September 21, 2004 Mr. Timothy Riley Fire Chief City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 RE: 600-700 Edgewater Place, Fun Zone Action Plan Permit Number HC2004-.949. WS Dear Chief Riley, Mr. Wiessner of the Fun Zone Boat Company suggested that I submit a diagram showing a proposed layout of those watercraft owned by Marina WaterSports that are berthed in the Fun Zone Marina. Please note that the enclosed diagram depicts no multiple berthing and that any given vessel may be independently moved without the need to move or disturb any other vessel. Hopefully the enclosed will meet with your approval as we are prepared to adapt to this new berthing configuration no later than mid-October. If you have any questions or concerns, I can best be reached at my office number (949) 650-2423. Sincerely,,, Ty Dalzell resident , cc: Fun Zone Boat Company Enclosure La O A. 0 I' ------------ NOV-26$-01 04:48 PM 11 / Date: 11/19 1N ZONE BOAT COMPANY, INC. 600 Edgewater Place Balboa, Ca. 92661 tel: (949) 673-0240 {rax: (949) 6735413 To: Wes Armand www.Funzonebosts.com www.TikiBoat.com www.weddinoboat.com Company: City of Newport Beach Marine Dept Fax: etyl — 7 L,5 — o V 81 rrom: WilleMOFunzoneboats Re: 15 this what you nee4ed? Number of pages including cover sheet: 3 Comments: Regards, Willem P.01 NOV-20-01 04:49 PM P.02 NOV-20-01 04:49 PM tr � i :I 9/24/01 .I (Jlt ul' Nkm-po)-t Beach M,triuk� Departtuctu � ! b1�s�5 ,lrnewd E i i I i i.)c;►r 11r .�rrttattd' ;.I The Full. Zone Boat Company has beat n►,ut;t�;ing, its operations out of'our present location sine tlu: completion ol'our ticket booth in 199 t.It appears that through oversight our Marine Permit has not bccEE updated since. that Bute. May Nuc request to correct the Per ll to reflect the sante address that is ou our City of Newport Beach business licet►se. This address is 600 E. Edgewater PI Balboa Ca. ,I l hank ivo 1bv Your help ill this ntstuncr .1 I t�.�iEk ��ic551lef � `,'i�c I're5idcnt I:utt longi Boat contpam i i i I i i i it I I P.03 NOV-20-01 04:49 PM P.04 NOV-20-01 04:49 PM P.05 C" "YOf NEWPORTBEACH BUSINESS TAX CERTIFICATE 'I'tl]SI'AXl-'AtMEN'rEXPIRES: 12/31/()l) SERVICE ADDRESS: N' I Li(') , 1 ' I ' ('0iMPANN', INC 6110 B.A.1 HOA, BUSINESS CATEGORY: N f I s c I I, I L !S. US] ;.!\(! :N'1' Rl:,'CIkl-7AT1(.)N BUSINESS LICENSE: g000,w') SELLER'SPERMIT: 9962W(d TAX INCLUDES PAYMENT FOR: In tk.4m %k at-% SUSINESS;,rAX CERTIFICATE 'I 2/31/2001) ACCOUNTNUMBM: 13r000004o/ SE It V I CE A DDR F ss V-0-141' koM (.-OMPANN', J.N(l WN K11111-MATEP AVI,: P' TAX INCLUDES PAYMENT FOR: HAIlloi\. CA 9r Wil -00()() 10 1;M1'LOYf;Ct:S BUSINESS CATEGORY; J OWNERSIMITYPE: ANV(M�,' AM0,14NMENT & (101R[IoRATLON -It CITY OF NEWPORT BEACH BUSINESSTAX CERTIFICATE I'lil.S'['!tXI)AYMP,N,rLexpjiih,s: 1.2/ 11/200'1 SERVICE M)DRESS. FUN V,(.)N]-: BOAT COMPANY, IN(' ('00 ll'lA',I-;WATk.;k AU E IM1,110A, t7A 92661-00C)o HUSINE." CATI,'Golly., WS01-:1.1-ANI-100S AMUSEMENT & J*:UREATION 8ERV.Wj7,:8 S11:11.1.1-14SPERMIT; 99-f)2Wl01. ow ..w#Jkw . iow.116 �� Pic ACT01UNTNUMBER: 13a'[W000/10 TAX INCLUDES PAYMENT FOR - 1.4 EMPFAAKES OWNERSHIP TYPE. CORPORATION *5 9/24/01 City of Newport Beach Marine Department Wes Armand Dear Mr Armand: The Fun Zone Boat Company has been managing its operations out of our present location sine the completion of our ticket booth in 1994. It appears that through oversight our Marine Permit has not been updated since that time. May we request to correct the permit to reflect the same address that is on our City of Newport Beach business license. This address is 600 E. Edgewater PI Balboa Ca. 92661 Thank you for your help in this manner Henk Wiessner Vice President Fun Zone Boat Company VIO q,' Gds , fyw is// '4 6V ✓ City of Newport Beach Marine Department Tony Mellum 3300 Newport Blvd. P.O. Box 1768 Newport Beach ca. 92658-8915 Dear Mr. Mellum: O'c ww*r !-'W'' �Iy— s CA Please find enclosed our letter to the Westrem trust dated July 27, 2001. We are proposing the addition of Rapture Marine expeditions as our tenant at the 700 Edgewater location, currently leased from the Westrem Trust. I believe Mr. McClung has been in contact with you regarding his plans and we support his efforts, to that end we are providing you and Mr. Armand a copy of our correspondence. Best Regards, Willem iessner / &—� lone Boat Co. Cc Wes Armand Encl (2) The John and Evelin Westrem Trust John and Evelin Westrem 1006 E.Balboa Blvd. Balboa, Ca. 92661 27 July 2001 Dear Mr & Mrs. Westrem: Please let this note serve as an outline regarding our lease renewal, marina renovation and the request for the John and Evelin Westrem trusts ("The Trust") approval of the addition of the 'Rapture Expeditions" company as our Sub -Lessee at 700 E. Edgewater, Balboa Ca. as discussed in our telephone conversations subsequent to our 5/11/01 correspondence. Our proposal: 1) To repair, renew, and reconfigure the Docks at 700 E. Edgewater to accommodate a certified overnight youth expedition vessel and other similar vessels as needed. 2) To improve the ability of deep and conventional draft vessels to use the facilities, to help reduce the objectionable odor caused by the exposure of the bay bottom to the air resulting in a noxious odor during low tide. By dredging the area back to operational depth the marina will be more economically viable due to the increased ability to accommodate conventional and deep draft vessels. The resulting reduction of the odor in the marina area will also be of added commercial and environmental value. The depth of the marina is currently too shallow to operate conventional draft vessels, only a shallow draft, full keel vessel like our Phoenix can currently use the berths with safety due to threat of grounding and damage to the vessel. 3) To establish an educational facility and passenger terminal in the current "Bayside Sunglasses" retail -office facility at the boardwalk location of the property a) The operations of the new tenant (Rapture Marine Expeditions) includes and is usually limited to: i) Private ecology centered charters of affiliated youth groups (noncompetitive to the surrounding business. No additional public tours or transportation of passengers other than the current authorized Fun Zone Boat Company operations will be carried out at this location) ii) Our operations are "Parking Friendly" (groups will be transported to the location in busses) iii) Primarily, operations will be composed of boarding and discharging youth groups at the location. iv) The berthing of the vessel "Rapture" when not at sea. v) Instructional tours and meetings on the vessel and at the location. What it will cost and who will pay for it: Rapture Expeditions and the Fun Boat company have called for estimates and have determined that the capital investment required for the contemplated improvements and investment in the location to be in excess of $100,000.00 We have agreed to make this investment of effort as well as financial, provided all parties involved come to a successful agreement. This would dramatically improve the terminal and marina area, bringing in more foot traffic without impacting parking or the business activities of our neighbors, resulting in increased sales by, and enhanced viability of the surrounding retail and service locations. This in turn will lead to increased local property values. We feel this proposal is compatible with and sensitive to the surrounding business and ecological needs. What we require to accomplish our goals: 1) Approval by "The Trust" of Rapture Marine Expeditions as a suitable sub -lessee. 2) The scope and investment required in an undertaking of this type requires that there be a degree of economic co-operation, stability and shared risk for this type of project to succeed. To that end Fun Zone Boat Company and Rapture Expeditions will require modification of, or addendum to the current lease. We would suggest an additional 10 years on the term of the lease, first right of refusal, for like terms of sale, in case of transfer or sale of the property. (Fun Zone Boat Company having first right of refusal and Rapture Marine Expeditions having second right of refusal. We would also require a provision for a stabilization or decrease in the base lease rate for the coming ten-year term, this will allow us to devote the substantial financial and other resources needed to re -vitalize and improve the location. All other terms and guarantees in the current lease would remain the same. 3) City approval. This issue is currently being addressed, with informal as well as formal presentations to the appropriate city officials. We have met with approval in all of our discussions and presentation of this proposal. All of these concepts fall within all city requirements as presented to us at this time. Our shared history with the city and reputation of the two companies involved, add a great deal of credibility to any discussions with the city of Newport Beach which we expect will help facilitate and expedite the formal approval process 4) Expedition of this agreement: Time is of the essence in this proposal: We have agreed in principal with Rapture Expeditions to do our utmost to have this plan completed by 12/1/2001. We feel that in our discussions with the city, tenants and contractors that this is a realistic goal, however before we can proceed we need "The Trusts" timely input, co-operation, and approval. To Begin the process: Please find enclosed a letter for your attention by Mr. Gene McClung of Rapture Expeditions outlining his operations and philosophy. I hope you share with me the excitement of bringing this proposal to fruition. I believe that this improvement benefits all involved, but most of all the city and residents of Balboa, as well as the many young adults who will experiencing the Pacific Ocean for the first time. We also feel that this project will reward the trust with greatly enhanced property value and a restoration of the operational capability of the facility at little or no cost to to the trust, as we know, dredging and rebuilding marinas are intensive expensive propositions resulting in greatly improved property values. The fun Zone Boat Company requests, In order to facilitate the participation of the entities involved (city, contractors, Rapture ) in this project, the support of the lessor in this endeavor, The John and Evelin Westrem trust, and its co-operation in the expedited renewal and addendum to current lease (expiration may 2002) or a rejection of this proposal in place by 09/1/0. This will allow us to concentrate on city permitting procedures, the awarding of contracts and other required activities to keep the project viable and on schedule for a December 1, 2001 completion date or search for other alternatives as to the disposition of the 700 E. Edgewater location. We hope you find this note interesting enough to schedule a meeting with representatives of the Fun Zone Boat Company and Rapture Marine Expeditions to discuss the possibilities presented in this proposal. To that end we are at your service and can be reached at (949) 673-0240 Hendrik Wiessner D.Handy Vice President F.Z.B.C. Secretary F.Z.B.C. CC Tony Melum (City of Newport Beach) CC Wes Armand ( City of Newport Beach) CC Gene McLung (Rapture Expeditions) -Tun-22-01 03:34P '*GENE Mr-CLUNGw 714 499 5805 P.01 RAPTURE MARINE EXPEDITION Mr. John Westrem % Fun Zone Boats 600 Edgewater Place Balboa, CA. 92661 Fax 949 673 8413 June 22. 2001 Dear Mr. WestreM 1 am happy to respond to your request for more information about Rapture Marine Expeditions. As you know we are interested in the 90 feet of waterfront, just South of the public pier, on the Balboa Peninsula, that we understand is owned by you and your trust_ THE HISTORY OF OUR COMPANY My son Capt. Scott McClung began operations in 1989 larder the name of Certified Yachting Adventures (CYA). He started with a dream and a 65' vessel "Jet Star". His dream was to be able to work with the youth in the area and teach them about the Marine environment. The Jet Star was a crew boat he converted in San Diego and was USCG certified for12 passengers for overnight or 49 passengers for daytime use. In the beginning he did everything from fishing charters to harbor cruises. In 1992 he moved up to a 115" crew boat that he converted In Louisiana. This boat was certified by the USCG to carry 49 passengers overnight and 149 for daytime use. In 19931 retired from the Manufacturing business we had in South Gate Ca. and became more active in CYA. By this time Scott's dram was beginning to come true We developed a good and growing relationship with our clients, the schools and churches. We found that the 49 passengers we could accommodate, was not enough and in 1996 we began planing for a vessel that would accommodate 149 overnight passengers. In 1997 construction began on our current boat, also named "Rapture". This boat was completed in August 1998. We also changed the name of the Company from Certified Yachting Adventures to Certified Marine Expedition. Our offices have been in Newport Beach since 1989. We kept the Jet Star and the first Rapture in Newport Harbor. Because the size of the present Rapture, 145 feet by 37'/2 foot beam, we have been unable to find a place in Newport so it is now docked at Rainbow Harbor in Long Beach, in front of the new aquarium. We would like very much to move her to Newport Harbor WHAT WE DO During the months of April through December we operate around the islands off the coast of southern California. January through March or April we operate in the Hawaiian Islands. During the school year we conduct marine science trips for classes from 6`h grade through college, and the summer months are devoted to church camps. On a typical four-day trip, we have a group of 80 to 140 students and chaperones on board. While engrossed in the marine environment, we teach them about the plant and animal life around them, but most importantly, they are able to touch, listen and sce first hand as they snorkel and kayak around the Islands of Southern California and Hawaii. Students on our expeditions learn to respect the environment and to respect themselves as they are pushed out of their comfort zones. Our students are forever changed by their days on board the Rapture. Rapture Marine Expeditions also works with local agencies and churches providing expeditions for abused and neglected children. For example Lighthouse ministries of Mariners Church has bc;cn ministering to these children aboard the Rapture for the past five years. On thcsc P.C). BOX 15151, NEW17c_ilt I' BEACH, CA 97659 • (949) 650 3643 • FAX (949) 650-05/ WWW.ItAFTURE.CC Jun -.22-01 03:35P wGENE McCLUNGw 714 499 5805 P..02 expeditions, kids receive support and encouragement from the Rapture crew and caring adult volunteers who have been trained to understand their unique backgrounds and needs In September and October of 2000 we had 30 scientists on board for a 30 -day, 2500111ile, scientific expedition to determine the health of the reefs and the entire eco -system in the Northwest Hawaiian Island chain, For more information please visit our web site at ww�vJA turr.cc. Click on links for additional information about this research expedition_ The programs we provide have been very successful and rewarding. Each year we have shown a substantial increase in the number of students who have been able to participate. This year about 5000 students will participate in our programs. Effective June 1, 2001 we established a non-profit company (501-C3). We have already received approval from the state of Califomia and expect to receive approval from the IRS beton; the end of this year. The newly formed company is Rapture Marine Expeditions, The Rapture staff and crew remain the same. With the help of our Friends, sponsors and suppliers we hope to be able to improve our programs and be able to provide this valuable experience to many more students in the future_ Funds raised will be for additional equipment, upgrading some existing equipment and offering scholarships to participants that might not otherwise be able to afford our programs. We are asking our suppliers and service providers to help support our programs by donating products or services. Of course donations would be tax deductible, in addition we would also give recognition of our supporters by listing them on our web site and on our donors wall aboard the Rapture. Our supporters are also acknowledged on all of the videos we produce and distribute_ These videos are taken of the day's activities, edited on board and shown each evening. At the end of the expedition the daily videos are combined into about a 40 -minute video that we make available at our cost to all the participants. If we were successful in finding a home for the Rapture in the Fun Zone area we would like to set up a small marine education exhibit on the promenade. We think this could be a valuable addition to the area and in keeping with the improvements the City is making to "dress up" Balboa_ The site in question, as you know, would require a considerable amount of improvements. It would require the dredging and removal of 1500 to 2000 cubic feet of Balboa mud phis reconfiguring and rebuilding the docks, We would also need to improve the area along the promenade, The current estimate to make the site suitable for our use is in excess of $100,000. We would be willing to make these improvements under the proper lose conditions. if you are interested, I would like the opportunity to sit down with you and Willem to discuss the details and see if we can make it happen. We have promotional videos showing some of what we do on our education and church camps, If you would like to sue them let the know and 1 will see that you get thein._ For more information about Rapture Marine Expeditions please visit our web site at www_�hire,pc, If you have any other questions please call me at 949 499 2494, 'thank, you for your time and consideration. Yours truly, Gene McClung Rapture Marine Expeditions 2 01asN . �.�Z St mm yoll 2 . �� N o o Q , N _:14 1 g. s tr- ru- rr Ln r=1 Postage $ Certified Feeru Postmark rl Return Receipt Fee (Endorsement Required) )-lore O O O Restricted Delivery Fee (Endorsement Required) C3 rU Total Postage & Fees M Sent To ��n z------ l�cc+fi %�11n: ��enlc l,t. ------- ,q M = --------------- Street, Apt. No.; {� or P Box No. �0O �d =� vwt ✓ --! _f `� ------------------------- 0 Ciry State, ZIP+4See O PS Form :01. JaIlUary 2001d) Reverse for Instructions Cyd WP()kT CITY OF NEWPORT BEACH Harbor Resources Division `� <3 829 Harbor Island Drive Newport Beach, CA 92660 March 2, 2005 Fun Zone Boat Company Attn: Mr. Henk Wiessner 600 Edgewater Place Newport Beach, CA 92661 RE: Encroachment Upon Washington Street Public Pier Dear.Mr. Wiessner, A recent field inspection has revealed that a steel pipe pile, originally placed on your property, is now encroaching upon the Washington Street end and the Washington Street public pier. This is in violation of the Newport Beach Harbor Permit Policies which state: SETBACKS — B: "All piers and floats for commercial properties may extend to the projection of the property line." At its December 2004 public meeting, the Harbor Commission brought this encroaching pile to the attention of Harbor Resources. After inspection, I called you in late December asking you to correct the problem and you agreed to comply. At its February 2005 meeting, the Harbor Commission again noted the encroachment that hadn't been corrected. This letter will advise you that the bayward most pile (of the two located on the property line) must be straightened so that it is on the property line and does not encroach upon the City street end. This must be completed within thirty (30) days of the date of this notice, otherwise an Administrative Citation may be issued and penalties will begin to accrue ($100, $200, $500 daily increments). Your cooperation will be greatly appreciated in this matter. Please see the attached picture of the infraction. If you have any questions regarding the enforcement of the Harbor Permit Policies, please feel free to give me a call. This letter was sent via regular first class mail and registered mail. Thank you, Chris Miller Harbor Resources Supervisor (949) 644-3043 2 600 Edgewater Place Encroachment UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • City of Newport Beach Harbor Resources Division 829 Harbor Island Drive Newport Beach, CA 92660 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece or on the front if space permits. 1. Article Addressed to: Fun EU✓1�-' I2-�'ctti-&-jPC11y Aft '• Iden k W e> j Ile/ Cc c) �cgye iA Q A 4P. P) (KC . Ne"Jrp✓fi Ij M'1) Cn C/' ac) A. Received by (Please Print Clearly) B. Date of Delivery Z l lf. r'1 J C. Signat X El Agent ❑ Addressee D. Is delivery addre ifferent from em 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Se ice Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7001 0320 0001 2115 9259 (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 102595-01-M-1424 folly Pr CITY OF NEWPORT BEACH 12/02/2004 FINAL LETTER - COMPLETE ,- /Z 7J . r< 1 C.�t'f Pills{~ HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 FUN ZONE BOAT COMPANY Permit number: HC2004-068 AT -IN: HANK WIESSNER Location : 600 EDGEWATER PL 600 EDGEWATER PLACE Status: CLOSED NEWPORT BEACH, CA 92661 Dear Commercial Pier Permittee, This is an acknowledgement letter stating that you have successfully corrected the violations previously noted in the City report that was sent to you earlier this year. Your docks have met the minimum standards as set by The City of Newport Beach Municipal Code. Your actions will help reduce the potential for fire related injury and property damage in Newport Harbor. Please remember that it will be your responsibility to ensure that your docks maintain this level of safety in the years to come. The Harbor Resources and Fire Departments will be conducting routine inspections of your property in the future. Thank you for your compliance. Please feel free to give us a call if you should have any additional questions. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS -FIRE DEPARTMENT INSPECTOR Page I of 2 ' ; CITY OF NEWPORT BEACH FINAL LETTER - COMPLETE V �t HARBOR RESOURCES - 829 Harbor Island Dr., Newport Beach, CA 92660 Tom Rossmiller - 949-644-3041 / Chris Miller - 949-644-3043 FIRE DEPARTMENT - P.O. Box 1768, Newport Beach, CA 92658-8915 Nadine Morris - 949-644-3105 FUN ZONE BOAT COMPANY ATTN: HANK WIESSNER 600 EDGEWATER PLACE NEWPORT BEACH, CA 92661 DATE COMMENTS Permit number: HC2004-068 Location : 600 EDGEWATER PL Status: CLOSED 12/02/2004 ultiple Berthing 08/26/2004 All boats shall be readily removed in an emergency without the necessity of moving other boats. At the time of the inspection, multiple berthing occured at 700 Edgewater and Marina Water Sports. NFPA 303 Chapter 5 Section 5. 1.1 10/04/2004 Marina WaterSports Action Plan approved. Implementation required by January 30, 2005. 10/27/2004 Fun Zone Boat Co - Action Plan approved. Implementation required by January 30, 2005. CHRIS MILLER - HARBOR RESOURCES SUPERVISOR NADINE MORRIS - FIRE DEPARTMENT INSPECTOR Page 2 of 2 Henk Wiessner Timothy Riley Fun Zone Boat Company Fire chief 600 Edgewater Place Newport Beach, CA 92661 3300 Neth port Blvd. P o. Box 1768 Subject: 600-700 Edgewater Place - Multiple Berthing Action Plan 2 port Beach, CA 92658-8915 Permit Number HC2004-068 Dear Mr. Wiessner: I am in receipt of your letter regarding the issue of multiple berthing occurring at the Fun Zone Boat Company facility. Your correspondence states that multiple berthing will be discontinued at this facility. We appreciate your concern for the safety of the harbor and the decision to change your business practice to comply with the National Fire Protection Association (NFPA 303). This action plan submitted is approved and required to be implemented by January 30, 2005. Please contact Nadine Morris at (949) 644-3105 if you have any questions. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. Sincerely, Jothy Riley Fire Chief ! J August 5, 2004 Henk Wiessner Fun Zone Boat Company 600 Edgewater Place Newport Beach, CA 92661 Subject: 600-700 Edgewater Place, Fun Zone Action Plan Permit Number HC2004-009 Dear Mr. Wiessner: I am in receipt of your letter dated July 29, 2004, regarding the issue of multiple berthing occurring at your facilities. Multiple berthing of vessels during non -business hours will not be considered or approved. Multiple berthing will only be permitted during business hours and employees shall be trained to respond without delay and take appropriate measures to move exposed vessels in the event of a fire in the harbor. Submittal of a diagram is required showing the marina layout and shall include the adjustments being made to the width of the fingers. Show the width of the fingers as they are currently and the proposed width. A permit from the City's Building Department is required for the modification of the fingers. Prior to obtaining this permit, please contact Chris Miller or Tom Rossmiller in Harbor Resources at (949) 644-3034 to obtain an application. The revised action plan must be submitted immediately. Please contact Nadine Morris at (949) 644-3105 if you require assistance. Thank you for your cooperation. We look forward to achieving a fire safe harbor in Newport Beach. ZmSincer y, tiothy Riley Fire Chief I I2 ` 6011 7/29/04 Att. Chief Tim Riley May this letter serve as a action plan for the dock configuration at our marina located at 700 E. Edgewater Balboa, Ca. As per our conversation with Chris Miller we are in the process of requesting a permit to make minor adjustments to the width of the dock allowing full compliance with fire code 303. We would also like to request a decision whether keeping a "fire watch" on the docks will satisfy N.F.P.A. 303 as at times we may need to double up to service our harbor cruise vessels. Per U.S. Coast Guard (homeland security requirements) regulations we are required have a "watchman" in place during non business hours. This person has access to all keys / locks at the facility as well as being a trained vessel operator should any require relocation in case of emergency. Respec y Submitted H Wiessner Fun one Boat Company 600 / 700 Edgewater Balboa Ca. 92661 Cell 949) 510-7371 CC Chris Miller CITY OF NEWPORT BEACH January 10, 2002 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 V-� Fun Zone Boat Company 600 East Edgewater Place Balboa, Ca 92661 Dear Sirs: This letter will confirm your request to have the address for the commercial Harbor Activity Permit for the Fun Zone Boat Company to be listed at 600 East Edgewater, Balboa Ca 92661, and all correspondence sent to that address. This has been done and all future correspondence will be sent to that address as requested. Please let me know if I can be of any further assistance to you in regards to this matter. Respectfully, �l Wes Armand _ Harbor Inspector Harbor Resources Division 3300 Newport Boulevard, Newport Beach Melum, Tony a 5z From: Armand, Wes Sent: Monday, July 09, 2001 3:48 PM To: Ohl, Daniel Cc: Melum, Tony Subject: Agreement, City & Fun Zone Boat Co. Dan, the Fun Zone Boat Company has been required by their Harbor Permit and City Ordinance to provide and maintain a Public Pumpout Station at their facility since June '88. The Harbor Resources Division has decided that the needs of the boating public can be better met by having a pump on the City Public Pier (Washington St.) in the Fun Zone area. The pier is more adequate to house a pump and it is very accessible. The Fun Zone Boat Company has agreed to make this pump even more desirable to boaters by dedicating the side tie section of their dock nearest the proposed location of the pump to be part of the docking space for the pump. In other words by doing this boats will have more room to maneuver into the dock. However, we need to have an signed agreement between the two parties to ensure that this dedicated side tie will be provided by the Fun Zone Boat Company. We would like your assistance in drafting up a short agreement to be signed. We will also, amend their Harbor Permit. I will have a drawing depicting the exact section of their dedicated dock attached to the agreement. Also, the agreement should mention that this does not waive the Company's requirement to maintain a pump in their marina for their vessels but it no longer will be open to the general public. Let me know if you have any questions in regards to this matter. Thanks Pe ie. PI v I�H%e ab w v� J"'i ve rbG l 1 a5 r�e�i 5 e Gids es`� �Uve a SVIl L So a�ld�;e r—�on W j S' j� 1Q� 'l LJ .14 r GGA �ea � ' ° �r� i r C" 0 aw W Q q�y P.Pur z � CA VA 2 nix dook UV C 1 City of Newport Beach Marine Department / 71) Tony Mellum 3300 Newport Blvd. P.O. Box 1768 Newport Beach ca. 92658-8915 Dear Mr. Mellum: Please find enclosed our letter to the Westrem trust dated July 27, 2001. We are proposing the addition of Rapture Marine expeditions as our tenant at the 700 Edgewater location, currently leased from. the Westrem Trust. I believe Mr. McClung has been in contact with you regarding his plans and we support his efforts, to that end we are providing you and Mr. Armand a copy of our correspondence. Best Regards, Willem jGViessner Boat Co. Cc Wes Armand Encl (2) The John and Evelin Westrem Trust John and Evelin Westrem 1006 E.Balboa Blvd. Balboa, Ca. 92661 27 July 2001 Dear Mr & Mrs. Westrem: Please let this note serve as an outline regarding our lease renewal, marina renovation and the request for the John and Evelin Westrem trusts ("The Trust") approval of the addition of the 'Rapture Expeditions" company as our Sub -Lessee at 700 E. Edgewater, Balboa Ca. as discussed in our telephone conversations subsequent to our 5/11/01 correspondence. Our proposal: 1) To repair, renew, and reconfigure the Docks at 700 E. Edgewater to accommodate a certified overnight youth expedition vessel and other similar vessels as needed. 2) To improve the ability of deep and conventional draft vessels to use the facilities, to help reduce the objectionable odor caused by the exposure of the bay bottom to the air resulting in a noxious odor during low tide. By dredging the area back to operational depth the marina will be more economically viable due to the increased ability to accommodate conventional and deep draft vessels. The resulting reduction of the odor in the marina area will also be of added commercial and environmental value. The depth of the marina is currently too shallow to operate conventional draft vessels, only a shallow draft, full keel vessel like our Phoenix can currently use the berths with safety due to threat of grounding and damage to the vessel. 3) To establish an educational facility and passenger terminal in the current "Bayside Sunglasses" retail -office facility at the boardwalk location of the property a) The operations of the new tenant (Rapture Marine Expeditions) includes and is usually limited to: i) Private ecology centered charters of affiliated youth groups (noncompetitive to the surrounding business. No additional public tours or transportation of passengers other than the current authorized Fun Zone Boat Company operations will be carried out at this location) ii) Our operations are "Parking Friendly" (groups will be transported to the location in busses) iii) Primarily, operations will be composed of boarding and discharging youth groups at the location. iv) The berthing of the vessel "Rapture" when not at sea. v) Instructional tours and meetings on the vessel and at the location. What it will cost and who will pay for it: Rapture Expeditions and the Fun Boat company have called for estimates and have determined that the capital investment required for the contemplated improvements and investment in the location to be in excess of $100,000.00 We have agreed to make this investment of effort as well as financial, provided all parties involved come to a successful agreement. This would dramatically improve the terminal and marina area, bringing in more foot traffic without impacting parking or the business activities of our neighbors, resulting in increased sales by, and enhanced viability of the surrounding retail and service locations. This in turn will lead to increased local property values. We feel this proposal is compatible with and sensitive to the surrounding business and ecological needs. What we require to accomplish our goals: 1) Approval by "The Trust" of Rapture Marine Expeditions as a suitable sub -lessee. 2) The scope and investment required in an undertaking of this type requires that there be a degree of economic co-operation, stability and shared risk for this type of project to succeed. To that end Fun Zone Boat Company and Rapture Expeditions will require modification of, or addendum to the current lease. We would suggest an additional 10 years on the term of the lease, first right of refusal, for like terms of sale, in case of transfer or sale of the property. (Fun Zone Boat Company having first right of refusal and Rapture Marine Expeditions having second right of refusal. We would also require a provision for a stabilization or decrease in the base lease rate for the coming ten-year term, this will allow us to devote the substantial financial and other resources needed to re -vitalize and improve the location. All other terms and guarantees in the current lease would remain the same. 3) City approval. This issue is currently being addressed, with informal as well as formal presentations to the appropriate city officials. We have met with approval in all of our discussions and presentation of this proposal. All of these concepts fall within all city requirements as presented to us at this time. Our shared history with the city and reputation of the two companies involved, add a great deal of credibility to any discussions with the city of Newport Beach which we expect will help facilitate and expedite the formal approval process 4) Expedition of this agreement: Time is of the essence in this proposal: We have agreed in principal with Rapture Expeditions to do our utmost to have this plan completed by 12/1/2001. We feel that in our discussions with the city, tenants and contractors that this is a realistic goal, however before we can proceed we need "The Trusts" timely input, co-operation, and approval. To Begin the process: Please find enclosed a letter for your attention by Mr. Gene McClung of Rapture Expeditions outlining his operations and philosophy. I hope you share with me the excitement of bringing this proposal to fruition. I believe that this improvement benefits all involved, but most of all the city and residents of Balboa, as well as the many young adults who will experiencing the Pacific Ocean for the first time. We also feel that this project will reward the trust with greatly enhanced property value and a restoration of the operational capability of the facility at little or no cost to to the trust, as we know, dredging and rebuilding marinas are intensive expensive propositions resulting in greatly improved property values. The fun Zone Boat Company requests, In order to facilitate the participation of the entities involved (city, contractors, Rapture ) in this project, the support of the lessor in this endeavor , The John and Evelin Westrem trust, and its co-operation in the expedited renewal and addendum to current lease (expiration may 2002) or a rejection of this proposal in place by 09/1/0. This will allow us to concentrate on city permitting procedures, the awarding of contracts and other required activities to keep the project viable and on schedule for a December 1, 2001 completion date or search for other alternatives as to the disposition of the 700 E. Edgewater location. We hope you find this note interesting enough to schedule a meeting with representatives of the Fun Zone Boat Company and Rapture Marine Expeditions to discuss the possibilities presented in this proposal. To that end we are at your service and can be reached at (949) 673-0240 Hendrik Wiessner D.Handy Vice President F.Z.B.C. Secretary F.Z.B.C. CC Tony Melum (City of Newport Beach) CC Wes Armand ( City of Newport Beach) CC Gene McLung (Rapture Expeditions) Juh-22-01 03:34P wGENE McCLUNGw 714 499 5805 P-01 RAPTURE MARINE EXPEPITIONS Mr. John Westrem % Fun Zone Boats 600 Edgewater Place Balboa, CA. 92661 Fax 949 673 8413 .lune 212001 Dear Mr. Westrem. 1 am happy to respond to your request for more information about Rapture Marine Expeditions. As you know we are interested in the 90 feet of waterfront, just South of the public pier, on the Balboa Peninsula, that we understand is owned by you and your trust_ THE 141STORY OF OUR COMPANY My son Capt. Scott McClung began operations in 1989 tinier the name of Certificd 'Yachting Adventures (CYA). He started with a dream and a 65' vessel "Jet Star". His dream was to be able to work with the youth in the area and teach them about the Marine environment. The Jet Star was a crew boat he converted in San Diego and was USCG certified for12 passengers for overnight or 49 passengers for daytime use, In the beginning he did everything from fishing charters to harbor cruises_ In 1992 he moved up to a 115" crew boat that he converted In Louisiana_ This boat was certified by the USCG to carry 49 passengers overnight and 149 for daytime use. In 1993 1 retired from the Manufacturing business we had in South Gate Ca- and became more active in CYA_ By this time Scott's drum was beginning to come true We developed a good and growing relationship with our clients, the schools and churches. We found that the 49 passengers we could accommodate, was not enough and in 1996 we began planing for a vessel that would accommodate 149 overnight passengers_ In 1997 construction began on our current boat, also named "Rapture". This boat was completed in August 1998. We also changed the name of the Company from Certified Yachting Adventures to Certified Marine Expedition. Our offices have been in Newport Beach since 1989. We kept the Jet Star and the first Rapture in Newport Harbor. Because the size of the present Rapture, 145 feet by 37'h foot beam, we have been unable to find a place in Newport so it is now docked at Rainbow Harbor in Long Beach, in front of the new aquarium. We would like very much to move her to Newport Harbor WHAT WE DO During the months of April through December we operate around the islands off the coast of southern California. January through March or April we operate in the Hawaiian Islands. During the school year we conduct marine science trips for classes from 6'h grade through college, and the summer months are devoted to church camps. On a typical four-day trip, we have a group of 80 to 140 students and chaperones on board. While engrossed in the marine environment, we teach them about the plant and animal life around them, but most importantly, they are able to touch, listen and see first hand as they snorkel and kayak around the Islands of Southern California and Hawaii. Students on our expeditions learn to respect the environment and to respect themselves as they are pushed out of their comfort zones. Our students are forever changed by their bays on board the Rapture. Rapture Marine Expeditions also works with local agencies and churches providing expeditions for abused and neglected children. For example Lighthouse ministries of Mariners Church has bccn ministering to these children aboard the Rapture for the past five years. On these P-0. BOX 15151, NEW110[I' BEACH, CA 97659 • (949) 650 3643 • FAX (949) 650-05/ WWW.ItAF'TURLCC Jun -22-01 03:35P S1CGENE McCLUNG11c 714 499 5805 P..02 expeditions, kids receive support and encouragement from the Rapture crew and caring adult volunteers who have been trained to understand their unique backgrounds and needs In September and October of 2000 we had 30 scientists on board for a 30 -day, 2504huile, scientific expedition to determine the health of the reefs and the entire eco -system in the Northwest Hawaiian Island chain. For more information please visit our web site at www:,rt ture.cc. Click on links for additional information about this research expedition. The programs we provide have been very successful and rewarding. Each year we have shown a substantial increase in the number of students who have been able to participate, This year about 5000 students will participate in our programs. Effective lune t, 2001 we, established a non-profit company (501-C3). We have: already received approval from the state of California and expect to receive approval from the IRS before die end of this year. The newly formed company is Rapture Marine Expeditions, The Rapture staff and crew remain the same. With the help of our Friends, sponsors and suppliers we hope to be able to improve our programs and be able to provide this valuable experience to many more students in the future_ Funds raised will be for additional equipment, upgrading some existing equipment and offering scholarships to participants that might not otherwise be able to afford our programs. We are asking our suppliers and service providers to help support our programs by donating products or services, Of course donations would be tax deductible. In addition we would also give recognition of our supporters by listing them on our web site and on our donors wall aboard the Rapture. Our supporters are also acknowledged on all of the videos we produce and distribute. These videos are taken of the day's activities, edited on board and shown each evening. At the end of the expedition the daily videos are combined into about a 40 -minute video that we make available at our cost to all the participants. If we were successful in finding a home for the Rapture in the Fun Zone area we would like to set up a small marine education exhibit on the promenade. We think this could be a valuable addition to the area and in keeping with the improvements the City is making to "dress up" Balboa_ The site in question, as you know, would require a considerable amount of improvements. It would require the dredging and removal of 1500 to 2000 cubic feet of Balboa mud phis ruconfrguring and rebuilding the docks. We would also need to improve the area along the promenade, The current estimate to make the site suitable for our use is in excess of $100,OQ0. We would be willing to make these improvements under the proper lease conditions. if you are interested, I would like the opportunity to sit down with you and Willem to discuss the details and see if we can make it happen. We have promotional videos showing some of what we do on our education and church camps. If you would like to seee them let rine know and 1 will see that you get them.. For marc information about Rapture Marine Expeditions please visit our web site at www,ragture.pe, If you have: any other questions please call me at 949 499 2494. Thank you for your time and consideration. Yours truly, Gene McClung Rapture Marine Expeditions SEW POR T o CITY OF NEWPORT BEACH v r P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq�iFoaN�P ay 23, 2001 Certified Marine Expeditions P.O. 15157 Newport Beach, CA 92659 Re: Berthing of the Rapture in the Fun Zone area Dear Gene McClung, I am in receipt of your letter of May 11, wherein you outline your plans for berthing the Rapture in the Fun Zone area of Newport Beach. As we discussed when we met at my office, based on your drawing submittals it appears the vessel can be berthed at your proposed location without violating the city's harbor permit policies. i.e. the vessel would stay within the projection of the side property lines of the upland property and not extend beyond the float more than the width of the beam of the vessel. It is also going to be critical that you determine the depth of the toe of bulkhead in that location and assure yourself that you can get the necessary depth by dredging without jeopardizing support for the bulkhead. In addition to obtaining a permit for revision of the dock and the required dredging, it will be necessary for the existing commercial harbor activities permit be amended to allow you to operate the vessel out of the site in addition to berthing it there. It will be critical for us that there will be no cars parked on city streets or in the public parking lot, and that the applicant make provisions to bus all parties to the vessel prior to departure. If I can be of further assistance or you wish to discuss this further, please give me a call at (949) 644-3041. Sincerely, Tony Melum Harbor Resources Director 3300 Newport Boulevard, Newport Beach CATAUNA PASSENGER RERPICE, INC. 400 Main Street, Balboa, CA 92661 9491673-5245 FAX 949/673-8340 • www.catalinainfo.com 05/20/01 Tony Melum City of Newport Beach P.O. Box 1768 Nee , or± Beech, CA 9-2658-8915 RE: Vessel Rapture Dear Tony, Last week Gene McClung, owner of the vessel Rapture, came to my office to discuss the possibility of moving the Rapture from Long Beach to Newport Beach, specifically the Fun Zone area. He said that he is working out details with the operators of the marina at the Fun Zone and your office. Mr. McClung said he wanted to talk to me and assure me that his operation would in no way conflict or compete with our operation here at the Pavilion. He indicated that his operation has applied for non-profit status and would be an education experience for schools and churches he books. Mr. McClung stated to me that the trips would all be overnight trips and that all passengers would be bussed in. I have also enclosed a copy of a follow-up letter Mr. McClung sent to me explaining his intent. Mr. McClungs letter is somewhat vague and does not really indicate the nature of his operation. If Mr. McClung intends to operate as described to me at our meeting, I would have no problem with his operation from the property next door to the Pavilion. HOWEVER! Mr. McClung never mentioned to me, nor did it state in his letter that he intends to do public dinner harbor cruises during the Christmas Boat Parade in December. If you go to the Rapture web page you will see the advertisement for the parade, www.rapture.ce. If he were allowed to do that, what would keep him from doing other cruises around the harbor at other times of the year? Is he also going to do one day whale watch cruises during the week for school and other groups during the season? As you may or may not know, there are four whale watch operation in Balboa now which includes Newport Landing, Davey's Locker, Catalina Passenger Service and one boat at the Fun Zone property now. As time goes on, will the Rapture be looking for additional sources of income to fill in the down time of the vessel? If so, how might that affect Balboa? If the City of Newport decides to allow the Rapture to operate out of the Fun Zone, will it be subject to the Marine Charter Tax? I would think it would. I would also think that he may come back to the City and state that his operation primarily takes place outside the Page 2 harbor, therefor, he might argue that his operation is exempt, like the Sportfishing boats. The Catalina Flyer operates primarily outside the harbor but is not exempt! I spoke with Wes Armon on Tuesday, May 15th, and Wednesday May 16th about the Rapture and I asked him about some of the issues I have stated above. He was going to talk to you to clarify and get answers. Wes also indicated to me that the Rapture would be added to the permit for the Fun Zone if approved. If that were the case, I would very much be against that option. I feel that the Rapture, if approved, should operate like other charter boats in Newport that do not have a permanent permit. Each trip would require a Marine Charter Permit. The Rapture is a separate business and should operate as such if granted the rights to operate from the Fun Zone. I am not sure what the passenger capacity of the Rapture is, but on their web page it indicates that they have seating for 149 but they have life jackets for 330 passengers. From what I can tell, the Fun Zone permit has already been extended way beyond their initial passenger capacity with the addition of the Phoenix (250+ passengers) and Reveille (41 passengers). In addition, the Fun Zone Boat Co. brings in an additional boat during the Parade in December from another harbor. This has been happening for the last three years. I have stated my case and now it is up to you. Competition is suppose to be a good thing, and normally it is, however, when you have to operate under all kinds of permits, regulations and restrictions, it is only fair that you try and protect the territory you operate in. If you have any question please feel free to contact me at anytime. Sincerely, Robert Black CERTIFIED MARINE EXPEDITIONS EDFM-- Bob Black Catalina Passenger Service Balboa Pavilion 400 Main Street Balboa, Ca. 92661 May 11, 2001 Dear Bob; I'm glad I was able to meet you in person on Friday to explain to you the nature of our operation. First, I don't see us as competition with what you do. Our clients are schools and churches from all over the U. S. that book as a group. Second, we would not be impacting the parking problem. We will be bussing all of our groups into the area, which we are doing now in Long Beach. We will be bringing something new into the harbor which should be an asset to the area. We have applied for a 501-C3, non-profit status for our new company, Rapture Marine Expeditions. Through this new company we would like to get funding to set up a small educational exhibit on the property. If we are able to reach an agreement for the lease of the area adjacent to you we want you to fully understand our operation so we can get off to a good start as neighbors.. Rather that describe in detail what we do, I would like to refer you to our web site which fully explains our operation, who we are and what we do. Please check us out at www.raature.cc If you have any questions please feel free to give me a call at home 949 499 2494 Yours truly, Gene McClung Rapture Marine Expeditions P() Rnv 1 F,1 C,7 Nlcik ir�nrt Pnrir-h (`8 0')f,ti0 (S QP2 \A/W A I GC -r, GA V (71/1) AFn_nc,7'� CERTIFIED MARINE City of Newport Beach Fire and Marine Department Tony Melum P. O. Box 1768 Newport Beach, Ca. 92658-8915 Dear Tony; f EXPEDITIONS..- Q'Peomo�s May 11, 2001 11z -7a v Thanks for your time to review our tentative plans to relocate our vessel Rapture into Newport Harbor. As you know the Rapture is an overnight passenger vessel with a Research vessel amendment to our COI from the U. S. Coast Guard Since 1989 we have maintained our office in Newport Beach, which is currently located at 2801 W. P.C.H. We employ about nine full time people and about five part time crew when the boat is in operation. We can take as many as 149 passengers on multiple day trips and up to 300 for one day trips. We are not a harbor excursion vessel; we seldom do harbor cruises. We do not have corporate clients, we work primarily with schools and churches throughout the U. S. Our goal is to provide an opportunity for every participant in our programs to be inspired by the sights, sounds and experiences of the ocean and it's inhabitants. Certified Marine Expeditions designed the Rapture as a platform to create the best marine research, educational or recreational experience possible. We want our participants to learn about, and respect, our marine environment. A part of our program deals with water chemistry and the effect we all have on our harbors bays and oceans. We also practice what we teach. Our trips are typically three to five days duration and consist of: • Church camps aboard the Rapture off Santa Catalina Island. • Marine science trips with schools from the sixth grade through college and university levels. These trips are off the islands of Southern California or Hawaii. • Research trips with government organizations and universities. • Graduation trips to Santa Catalina Island. • Leadership/staff retreats. • Customized retreats. • We have, for the past five years, conducted overnight trips for underprivileged and at risk children. For the past two years we have operated out of Hawaii for several months conducting the same kinds of trips. This year we will be in Southern California through Christmas of 2001, and then we will take the Rapture to Hawaii for about four months before returning around the end of April 2002.. Our draft is about 7 '/2' max. For us to dock at the subject location we would have to dredge out about 1500 cubic yards of the bottom. We have talked to Plotze Miller at Shell Maker Dredging who has given us an estimate of this cost. Of coarse we would make sure that any dredging PO. Box 15157, Newport Beach, CA 92659, (888) WHALES -5, FAX (714) 650-0573 would not compromise the integrity of the existing sea wall. The preliminary plans I left with you details the work we would have done. The plan also shows the proposed position of the Rapture. In order to meet the beam overhang requirement we would dock with the stem overhanging the seawall by about 9'. Our Beam is 37'/2' and we would extend about 35' beyond the pier line. This overhang would be just about the same as the Flyer. One of the drawings I left you illustrates our bow overhang and shows that it would not create a problem, because even at a minus 1' tide we could still overhang the seawall by 9' without the bow touching the seawall. It is my understanding that the lease includes approximately 20' to the south of the seawall, between the seawall and the public sidewalk, so this 9'overhang would be a part of the leased property.. Because of the nature of our operation, as described above, we would not be contributing to the noise pollution problem that sometimes results from night time harbor cruises. We do not have a bar on board, nor do we play any music while we are still in the harbor. Our goal is to get our groups out of the harbor and to one of the local Islands. The exception to this would be during the month of December, including the parade of lights, when we plan to offer our existing schools and churches harbor buffet dinner cruises. These would be without alcohol. We would agree to bussing all of our groups to the departure location which is what we are currently doing in Long Beach.. We would contract with one of the local private parking facilities for a few employee/crew parking spaces. We have applied for 501-C3 non-profit status and effective June 1, 2001 we are changing our name to Rapture Marine Expeditions. Dana Point has the Marine Institute and Long Beach has the Aquarium, we would like to bring the Rapture to Newport and create an education area in conjunction with our operation. We will bring a lot of people, especially young people, into the Fun Zone area. This should be helpful to the local business's Our groups are well chaperoned, with usually one adult for every six or ten students The Harbor Master, Captain Marry Kasules, wrote you a letter dated June 8, 1999 indicating that the Harbor Master did not see the Rapture presenting a problem or interfere with harbor operations when docked at the subject location. At that time our proposal would have the Stern about 44 feet beyond the pier line. If needed, I can ask if he would give you an updated letter after reviewing our current proposal. On May 10 after my meeting with you I met with Bob Black. After explaining our operation to him he said he would not oppose us as long as the city was "OK" with our plans. He was mostly concerned with the parking issue. I assured him that all of our groups would be bussed into the location for boarding. Tony, we ask that you consider our proposal as soon as possible so we will know how to proceed in negotiating the lease. You mentioned you wanted a few days to think about it and asked me to call you about Wednesday May 16a`. We look forward to operating again out of our home, Newport Harbor. Thanks for you time and consideration.. For more information On Rapture Marine Expeditions, please visit our web site at: www.rapture.cc Yours truly; Gene McClung, CFO Certified Marine Expeditions CITY OF NEWPORT BEACH FIRE MARINE DEPARTMENT HARBOR PERMIT APPLICATION (Please print all information) 1. Applicant (Property Owner) Address / Telephone 2. Project Address (Stre Address) Harbor Permit Number 3. New Construction Revision Maintenance _Dredging 4. Fee JCheck No. �.���� Date Z 0T=7 kq!' 5. Brief Description of Proposed 6. Submit 8 112" x 11" Drawings (3), Include: 1). Location and dimension of proposed structure including piles and location of existing structures. on adjacent properties. 2). Location of bulkhead, pierhead and project lines. 3). Location of property lines. 4). Location of channel markers within 200 feet. 5). Lot sizes and lot numbers, if available. 6). Existing ground profile beneath proposed structure. 7). Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W. 8). Area and profile of any proposed dredging with elevations showing depths with respect of M.L.L.W. 9). Any special conditions affecting the construction or affecting boating operations. 10).Complete all information required in information block, bottom of sheet. Note that the, OWNER. of the property is the applicant. 11).Drawing size shall be 8 -1/2" x 11". 12).Scale shall be adequate to clearly show the above. information. 13).Existing structures shall be shown in light dashes. New work shall be shown in heavy solid lines. 7. Owner -Builder Declaration must be c leted (o verse side of this sheet) 8. Applicant's/Agent's Signature: Date: 101.9,71'99 Joint Permittee Signature (if ap cable): Date: 9. Work can begin once the City has received evidence of the followingadditional approvals and you have . been notified to proceed. If you begin prior to the notice you will be in violation of the. Newport Beach Municipal Code and subject to penalties 10. Your permit will -not be final until we have conducted an on .site inspection -once construction is completed as per Municipal Code, Section 17.24, if we have not been contacted fora final inspection. OFFICE USE ONLY Approval in Concept. Approval of the City of Newport Beach Council. Approval of the Army Corps of Engineers Approval of the California Coastal Commission. Approval of the City's Public Works Department. Approval of the City's Building Department. Approval of County of Orange. Electrical and/or plumbing permit (Building Department) Issued. (Permit is stamped drawing) Site Inspection. (call 644-3043 for appointment) Site Re -Inspection Conditions: Date Date Date Date Date Date Date Date Date 10- Z� q Date Date OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the contractor's license law for the following reasons: (Sec. 7031d.5, Business and professions Code). Any City or County which requires a permit to construct, alter, improve, demolish, or repair any structure, prior to its issuance, also requires the applicant for such permit to file a signed statement that he is licensed pursuant to the provision of the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) or that he is exempt therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty for not more than five hundred dollars ($500). I, as owner of the property, or my employees with wages as their sole compensation, will do the work, and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If, however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or improve for the purpose of sale). I, as owner of the property, am exclusively contracting with licensed contractors to construct the project (Sec. 7044, Business and Professions Code: The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts.for such projects who builds or improves thereon, and who contracts for such projects with a Contractor(s) License pursuant to the Contractor's License Law). I am exempt under Sec. of Business and Professional Code for this reason: Owner's Signature: Contractor: Address:,�Z/-)-2 -7 -&a % License class: —qoQ—State Board No. License Contractor's Declaration Date: /04,'Z-7 / g of City License N I hereby affirm that I am licensed under provisions of Chapter 9 (commencing with Section 7000) of Division 3 of the Busin a d Prof ns Code, and my license is in full force and effect. 7 g �f Contractor's Signature Date: /�� ( ` / Timothy Riley Fire and Marine Chief 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT August 12, 1999 Certified Marine Expeditions Gene McClung P.O. Box 15157 Newport Beach, CA 92659 Dear Mr. McClung; The Marine Division of the Fire and Marine Department has two concerns regarding the berthing of the Rapture at 700 E. Bay Avenue. Our first is that the vessel cannot be berthed in conformance with Section 21B of the Harbor Permit Policies which states; "Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than the width of its beam beyond the pier, dock or float." If in fact the vessel can be berthed in conformance with that policy section, even though modifications have to be made to the dock, that would suffice. Secondly, it is our understanding that the current harbor permit has a set passenger count for their existing operations. If the Rapture were to berth there with its additional vessel capacity, we would have to agree to some specific mechanism that would guarantee that parking would be provided either through busing, limousine service, or some other mechanism to ensure conformance with Section 17E of the Harbor Permit Policies dealing with commercial activities and the necessary parking. If the applicant can meet these two considerations, then we would have no problem with the berthing of the vessel at this location. If you feel that you can meet those requirements, then you must make a formal application for the berthing of the vessel at that location including an application and fee. If you wish to pursue an exception to the policies, a formal application would still be necessary. If you do not meet the policy requirement, it would be necessary for staff to deny the permit and then you would have to appeal as provided in the municipal code. Timothy Riley Fire and Marine Chief 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT I hope this answers your question, if you wish to discuss this further with me, please call me at: 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division BY. W -A EE BY. W -A CITY OF NEWPORT BEACH HARBOR P R ST PERMISSION IS HEREBY GRANTED TO CONSTRUCT AND MAINTAIN THE FACILITY S1,OYLIN d+! THE ;IEREOF. AT THE SITE _ INDICATED, SU ,EC-" TO 7-2r-12- F r -V S 0?45 a; THE HARBOR PERMIT :POLIC ES OF L"EYWA•] AN. ANY SPECIAL CQ.*t l'IUl-S I. ST ,) cIEFt6 CN. TN'Er 15 NOT TRANSFERABLE c:E W-:r2'TE . CO*Nf ,."Q'r k - THE CITY HARBOR d;OORD11,NA'TOR OR Ci' ' +:ate :P IL. 7'.- RIGHTS ERIGHTS GIVENS UNDER THI –3 PEs 15"2T AM-': P MMAiSSWE tat"Jt.. AND THIS PERMIT MAY €3E REVOKEE) GY C;. -TV a:d)iDP C.". IN ACCORDANCE WITH TITLE 17 OF THE Ih7I RMSPAL CODE. CITY HARBOR CO RDINATOR PERMIT NO. DATE LCITY of NEWPORT BEACH N E W P 0 R T B A Y WA-r!'eWNF- ---U.S._PROJECT LINE EXISTING r-MrqRe LA�41�4a We j7\Ii- ----------- I -DOCKS Dj 1. DOCK REVISION 27-P LL IZ uj1 2 uj 11 II 2 3 4 5 6 i 1 _j = cL (ni-----3533.-. :r- Lj 35-53 3513335.33--- -35.33-- ------ W..;m I9A-Y I DE TR CT - 151- CK S7 ,O 20 Pit 5.1 "oo SCALE: 1: 50 FT, APPLICANTS N A M E: SALWA FUN =HE, P11OWt INC, T R A C T: SAYSIDS BLOCK; B-7 L 0 T I-ro IJOB ADDRESS GOO X. 13AY'R! C 0 N T R A C T 0 R E�Ay-MARNP- SAL13c%^ , CALIFORNIA 92GOI co�jMucn*4 co, D ATE: G/3044 I U TO L.B. O 2 31 r, 1— 1P N'e VV F) I E R SITE 0 P'4 BAY --—3UL-KHrAD C/r/C P I E 0 NO PRE= WG C � tv 0 SCALE IN MILES PRO F-1 L E O VICINITY MAP N E'W P 0 R T HARBOR, CALIFORNIA N E W P 0 R T B A Y WA-r!'eWNF- ---U.S._PROJECT LINE EXISTING r-MrqRe LA�41�4a We j7\Ii- ----------- I -DOCKS Dj 1. DOCK REVISION 27-P LL IZ uj1 2 uj 11 II 2 3 4 5 6 i 1 _j = cL (ni-----3533.-. :r- Lj 35-53 3513335.33--- -35.33-- ------ W..;m I9A-Y I DE TR CT - 151- CK S7 ,O 20 Pit 5.1 "oo SCALE: 1: 50 FT, APPLICANTS N A M E: SALWA FUN =HE, P11OWt INC, T R A C T: SAYSIDS BLOCK; B-7 L 0 T I-ro IJOB ADDRESS GOO X. 13AY'R! C 0 N T R A C T 0 R E�Ay-MARNP- SAL13c%^ , CALIFORNIA 92GOI co�jMucn*4 co, D ATE: G/3044 I U i N E .W P O R T �. H- ARBOR N A U TI C A L MU SE UiM Nancy Newprough Shoemate Controller 151 East Coast Highway Newport Beach, California 92660 Tel: (949) 675-8915 ext. 106 Fax: (949) 675-8864 Email: nancy@nhnm.org Website: www.nhnm.org l �zt- oR�� March 22, 2006 CITY OF NEWPORT BEACH 829 Harbor Island Drive, Newport Beach, CA 92659 949-644-3034/Fax 949-723-0589 Newport Harbor Nautical Museum Fax: 949.675.8864 Re: HARBOR PERMIT TRANSFER Pier Permit # 112- 604 NHNM Property Holdings, LLC. 600 E. Bay Ave. Newport Beach, CA 92661 Phone (949) 675.8915 Dear Mr. Muller: The Harbor Resources division has received the completed & signed application and fee. The pier inspection performed by our office has determined that it meets City standards. The permit will be transferred into the buyer's name and billed at the address shown above. Thanks for your help. For further assistance in this matter, please contact me at 949. 718. 1844. Sincerely, MI-ze Ltre Harbor Resources Division H v: �EWPO I. - HARBOR PERMIT TRANSFER APPLICATION 829 Harbor Island Dr. Newport Beach, CA 92660 949-644-3034/Fax 949-723-0589 Date of Applicaton: 3-JS-C(o Permit Number: ! 2 - Property Property Address: Gcao C. Buyer's Names: MgXtA I?g.0p,vrt4 40ld'1vwc Billing Address: 1551 Gast- Coast- 4---o,�,Ja� Telephone No.: qqq - (o --S - $9 K 40 cf�N 67T850 - Buyer's Signatures: Seller's Names: Seller's Signatures: Joint Owner Signature: N/ A Escrow Company: F%rs-r- ��e�ri cows Address Escrow Number: Fax #: Closing Date (Estimate): �os�a Iz I7_91 o -5- Inspection Date: 3 Z' 110& Reinspection Date: Fee Amount: 66 -- Date Paid: 3 ZZ=gLv& Check Number: It) fjg- Application Complete: (� , Harbdr Resources Signature/Date Special Conditions: This permit is revocable by the City Council in accordance with Title 17 of the Newport Beach Municipal Code. NHNM PROPERTY HOLDINGS, LLC City. of Newport Beach Date Type Reference 03/15/2006 Bill Pier Permit Bank of America 3/16/2006 Original Amt. Balance Due Discount 465.00 465.00 Check Amount 1015 Payment 465.00 465.00 465.00 Deep Sea Sportfishing Private Fishing Charters Yacht Charters Whale Watch Trips Jan. - Mar. All Boats Inspected and Certified by U.S. Coast Guard Safety First Complete "Tackle Shop 400 Main St. Balboa, CA 92661 (714) 673-1434 DOUG FERRELL / JIM SHAFER / DON BROCKMAN - Owners February 21, 1997 CITY OF NEWPORT BEACH Attention: Tony Mellum, Harbor Inspector P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mr. Mellum: In accordance with our telephone conversation earlier this week, this letter is notification that Davey's Locker will replace the slot allocated for the boat CALIFORNIA DAWN. The owner of the CALIFORNIA DAWN sold the boat to another landing in October, 1996. We have obtained the services of the boat RISING STAR, which previously operated in Oxnard, as the replacement. The RISING STAR is U.S. Coast Guard certified to carry a maximum of forty-nine (49) passengers. The CALIFORNIA DAWN was certified for forty-five (45) passengers and was approved by your office for that number. We are requesting that the transfer of this allocation meets with your approval. Sincerley, orris Tapp Manager cc: Doug Ferrell Jim Shafer Don Brockman Located in the Historic Balboa Pavilion �i4, 04kVI s u' ,tA) yF, I II I I III LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS CERTIFICATION OF COMPLIANCE WITH DEPARTMENT OF THE ARMY PERMIT Permit Number: 94 -954 -MS Name of Permittee: Balboa Fun Zone, Rides Inc. Date of Issuance: January 24, 1995 Upon completion of the activity authorized by this permit, sign this certification and return it to the following address: U.S. Army Corps of Engineers, Los Angeles District Regulatory Branch ATTN: CESPL-CO-94-954-MS P.O. Box 2711 Los Angeles, California 90053-2325 Please note that your permitted activity is subject to a compliance inspection by an Army Corps of Engineers representative. If you fail to comply with this permit you may be subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and conditions of said permit. Signature of Permittee Date - CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 BUILDING DEPARTMENT DOCUMENTATION OF -UNREASONABLE HARDSHIP [1/f Finding of unreasonable hardship for projects under $50,000* (Sec. 11OA(b)11B & 110A(b)11A5, Exc. 1, T24) (�] Other 1 Job Address: Goa (?" Suite Number: 3 Petitioner: CA' --Position/Relationship. \ Address:. e;: t --Ph 4 Total cost. of con struction_contemplated ........... $ -.57(o•� Cost of providing compliance ............................ $ 3•cz Identify the accessibility features which will NOT. be brought, into compliance if the request-.is:granted:. Provide an -estimate of.the-cost of compliance' for each -item. [ ]� Parking .................... ........... S [. ] Path of --travel to the_entrance .. •• •• S. Entr ram -door]--landing .....-...... S -- ---- - - [ ] Path of travel within the facility ................. $ -. [ ] Path of travel to the sanitary facilities........... $ [ ] Sanitary facilities (bathrooms) ..................... $ [ ] Path of travel to the drinking fountain(s) ........ $ [ ] Drinking fountain(s) ................................. $ [ ] Path of travel to the public phone(s) ............. $ [ ] Public phone(s) . ........... ......... .. ...... $ [ ] Other: $ TOTALS $ Distribution: [ ] Owner [X] Petitioner [ ] Inspection [ ] Plan Check [X] File LT. Project Info: P.C.#;' Permit # Uses __�= Stor-i es = - 3300 Newport Boulevard, Newport Beach Identify the accessibility features and equivalent facilities which will be provided or brought into compliance as required by Code. Provide an estimate of the cost of each item. $ $ 4. 5. $ 6. $ 7. TOTAL $ Additional Information: 5 Describe the impact of required access improvements on financial feasibility of theproject. Ul L L.- r2k4O Ps 6 Describe -the -nature of accessibil.i.ty-which /" �r�� rads if-tfto� A tom. _ l .���._-66,Prly w _would: 64 gained .or .l ost._ • .,._r air t�. 7 Describe the -.nature'. -of- .the use of ;the . faci l fty- constructs on. and its av ilability to disabled persons. M The petitioner understands that although _.the'-City.may approve AM s. .request of unreasonable�hardship-and the p osed-equivalent-access,-the:Ci.ty!-•.-- reserves the right to requiNe addi i;nal access compliance.upon receiving a complaint of inadequatela ess� is location. 8 Petitioner's signature: Date: fma, 1!39F FOR CITY USE ON'LY 1. Total cost of pro ed const ction ................... $ 2. Cost of disabled cc ss im rov ments .................. $-,2;z46- Approve enied by: ate: *T a $50,000 is in 1981 dollars, a o imately lt72,383 in --199• ollars. r ada/dochard9-94 STATE OF CALIFORNIA—THE RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W. BROADWAY, STE. 380 P.O. BOX 1450 LONG BEACH, CA 90802-4416 (310) 590-5071 AMENDMENT TO COASTAL DEVELOPMENT PERMIT Date 20 January 1995 Permit Number 5-82-593 issued to Balboa Fun Zone Rides. Inc. PETE WILSON, Governor for 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. at 600 East Bay, Balboa (Newport Beach), Orange County has been amended to include the following change: 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. This amendment will become effective upon return of a signed copy of this form to the Commission office. Please note that the original permit conditions unaffected by this amendment are still in effect. PETER M. DOUGLAS Executive Director Title:Jas'tal Pr r m Analyst ACKNOWLEDGMENT I have read and understand the above amendment and agree to be bound by the conditions as amended of Permit No. 5-82-593 Date MV: bll 3675F Signature STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON, Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA m 245 W. BROADWAY, STE. 380 NOTICE OF INTENT TO ISSUE AMENDMENT - P.O. BOX 1450 LONG BEACH, CA 90802-4416 TO COASTAL DEVELOPMENT PERMIT (310) 590-5071 On 15 December 1994 , the California Coastal Commission granted to Balboa Fun Zone Rides Inc an amendment to Permit No. _5-82-593 , subject to the conditions attached,for changes to the development or conditions imposed on the existing permit. The development originally approved by the permit consisted of 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. at 600 East Bay, Balboa (Newport Beach), Orange County Changes approved by this amendment consist of 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. more specifically described in the application filed in the Commission offices. Unless changed by the amendment, all conditions attached to the existing permit remain in effect. The amendment is being held in the Commission office until fulfillment of the Special Conditions of the underlying permit and/or conditions of previous amendments imposed by the Commission. Once these conditions have been fulfilled, the amendment will be issued. For your information, all the imposed conditions are attached. Issued on behalf of the California Commission on 20 January 1995 PETER M. DOUGLAS Executive Director B t� y. w� Title: CY stal Pr r m Analyst Please sign and return a copy of this form to the Commission office. ACKNOWLEDGMENT I have read and understand the above Notice of Intent to amend Permit 5-82-593 , including all conditions imposed. Signature MV: bll Date 3674F CITY of NEWPORT BL,,CH' --- a j i;iViw TO L.B. IVE WP PIER T Ll 'PA C/p/C PIE BAY 0C�eA AN IIAL SCALE IN MILES PROFILE VICINITY MAP -SCALE : 1:40PT. 11* ' NEWPORT HARBOR, CALIFORNIA LANDING N N E W P 0 R T B A Y rxisTiwG 12"C.1, -W ATIM LINA 6 M2.� 6 001—K REVIS1014 -.0- 2!-0' 25V- --U-Ste-PROJECT LINE I I I I 2 3 4 5 6 sm --5,33 ---4-.33 ---19AKY6 I D;E- TRACT - BLOCK ;B7 00 SCALE .'I.'50 PTi APPLICANTS N A M E,'-SA'FUN ZoNal Riogs, INC,- T R A C T: SAYSIDE BLOCK, 13-7 L 0 T I JOB ADDPF.q.R F. MAYA'Y-M"[Wff f% ^ &A 'r n A r% -r ^ m -9A CITY of 'NEWPORT BEACH T O L. B'. O NC PIER NEwp T a o /y- • pAI F C PIE BAY IC ocoq N IML I l SCALE IN MILES L P,.. .. VICINITY MAP —._._...._ �. I _LlA.0r-T� NE`W'PORT HARBOR, CALIFORNIA 8;d' .IBioI. ,8,dl 34,01 uS. PRO J= L'I� I I —_ I •.. I. I I ' I ._..I I' — . DCa1� .. I co; Jul I. j. SCALM! 1:20FT� I I°�� - --•-1 � ,::._ 4444 _- � I •� i L i 13 i to _ I � • � •�---_---4444 � � , ;.. o (APPLICANTS NAME_ u�4 7-aHs EIIAT RID-""''IINC� TRACT UYFR44TBL0CK ,9 L0T3 JOB ADDRESS __.__.��Q��'��I~:�"rGfi.,�, CONTRACTOR DATE::::::'::, Id � •off � s- _ _ a T O L. B'. O NC PIER NEwp T a o /y- • pAI F C PIE BAY IC ocoq N IML I l SCALE IN MILES L P,.. .. VICINITY MAP —._._...._ �. I _LlA.0r-T� NE`W'PORT HARBOR, CALIFORNIA 8;d' .IBioI. ,8,dl 34,01 uS. PRO J= L'I� I I —_ I •.. I. I I ' I ._..I I' — . DCa1� .. I co; Jul I. j. SCALM! 1:20FT� I I°�� - --•-1 � ,::._ 4444 _- � I •� i L i 13 i to _ I � • � •�---_---4444 � � , ;.. o (APPLICANTS NAME_ u�4 7-aHs EIIAT RID-""''IINC� TRACT UYFR44TBL0CK ,9 L0T3 JOB ADDRESS __.__.��Q��'��I~:�"rGfi.,�, CONTRACTOR DATE::::::'::, EPLY TO ATTENTION OF: Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT, CORPS OF ENGINEERS 300 NORTH LOS ANGELES STREET LOS ANGELES, CALIFORNIA 90012 Balboa Fun Zone, Rides Inc. P.O. Box 1457 Newport Beach, California 92659 Dear Sirs: January 24, 1995 Reference is made to your request of August 15, 1994 (File No. 94 -954 -MS). 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 revise the existing marina to a different configuration at the northern end in Newport Bay in Newport Beach, Orange County, 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 will 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). In addition, please use the two attached postcards to notify this office as to the dates of commencement of the activity (within 10 days prior to the start of construction) and completion of the activity (within 10 days following the end of construction). Sincerely, a.A'a ohn A. Gill Chief, Regulatory Branch PERMITTEE DATE -2 - 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 liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. TRANSFEREE Enclosure(s) DATE -3 - PERMIT CONDITIONS General Conditions: 1. The time limit for completing the authorized activity ends on January 31, 1998. 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 of 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. 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. Special Conditions: See attached sheet. -4 - 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 associated 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). - -5- c. Significant new information surfaces which this office 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 you favorable consideration to a request for an extension of this time limit. n SPECIAL CONDITIONS FOR 94 -954 -MS 1. The permitted activity shall not interfere with the public's right to free navigation on all navigable waters of the United States. 2. No dredging or earthwork is authorized by this Letter of Permission. 3. No creosote treated pilings shall be placed within Newport Bay. 4. The permittee shall notify the Army Corps of Engineers of the date of commencement of operations and the date of completion of operations at least five days prior to such completion. 5. No other modifications or work shall occur to the docking structure. 6. No debris, soil, silt, sand, sawdust, rubbish, cement or concrete washings thereof, oil or petroleum products, from construction shall be allowed to enter into or placed where it may be washed by rainfall or runoff into Newport Bay. Upon completion of berthing improvements, any excess material or debris shall be removed from the work area. No rubbish shall be deposited within Newport Bay. 7. That the permittee shall notify the Commander (oan) Eleventh Coast Guard District, 501 West Ocean Blvd., Long Beach, California, 90802, (310) 980-4300, Extension 501, at least two weeks prior to start of activity and 30 days if buoys are to be placed. The notification should include the following information: a. the location of the work site; b. the size and type of equipment that will be performing the work; c. name and radio call signs for working vessels, if applicable; d. telephone number for on-site contact with project engineers; and e. the schedule for completing the project. 8. A copy of the post -survey drawings shall be sent to the following address: -- -_ - - - Director, Charting and Geodetic Services ATTENTION: N/CG22 National Ocean Services, NOAA Rockville, Maryland 20852-3806 August 8, 1994 CITY COUNCIL AGENDA ITEM NO.----3Z----- TO: Mayor and Members of the City Council FROM: Public Works Department SUBJECT: 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 Company desires 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 provideconvenient access to both uses. 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 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. 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. avi, �-' Zi. a Benjamin B. Nolan Public Works Director PALM STREET L p C., c 0 V .2 gn M OY J: Yui 0°® 0 M10 I 10 m m >4 Cx 0 0 ------ — ZL— V X H (A —q 4 z m 0 I I gn M OY J: Yui 0°® 0 M10 I 10 m m 0 0 z C C.I. WASHINGTON STREET— X H (A —q 4 z m 0 I I gn M J: Yui X M10 I 10 m m X H (A —q 4 z m 0 I I CITY Of NEWPORT Br-ACH TO L.B. mza3 sai IV tv p O C �gITE O n BAY *4 �x►BT►IJ6 A C/ F/ P I E —C3ULKHG,D O n No PREMI NG �+ . A A . O 4 2 IML 'V SCALE IN MILES PROFILEOj VICINITY MAP -S�LEi 1;40�T, -NEWPORT HARBOR, CALIFORNIA N E W P O R T B A Y I �XiSTIW6 12uGd, WATF�1 LINF - U.S..PROJ6LT LINE - 1 =-axisrINs -o i! I - rL-'AHNR� Lll.s P 71 i I -.� ---- --===------ I jl ewsT. n� j cocKs r-1 DOCK REVISION I 27 -Q A'" 22!-0'. 25-0 111 r. '., � � _ �� � I • � Z j r- I �W 1 2 3 4 5 6 I Z� i 1 J o: S W aCA 3533 3633 35'3 35+33 _. $5.33- .. i — 35.39 - 3 N E?AYS1 DZ TRACT - BLOCK B7 I j 0 10 20 30 40 50 100 SCALE: 1: 50 FT, APPLICANTS NAME;54LBOAFUN'ZONE,RIDf=S,INC, TRACT:DAYSIDE BLOCK; 9•7 L O T I-6 JOB ADDRESSBALBOACSFORNA IALi92GGI CONTRACTOR6AYT''I�RINL 00NJMucnoNCc, D A T E; 6/30/94 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. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE RBWED BY THE CITY COUNCIL IN ACCORDANCE WITH 17 OF THE IC. L CODE. ._�_40 14, .. CITY HARIM�W=-AIN TOR PERMIT NO, DTE PECIP1 CO"N"DMi4S: t: oms Of ivmom Permit 9140 Orange 0ovilty fierwit a. 1001/ 1-4 - 'L4C - S 11 SUPERCEr"D --- = CCINSTRUCTiON Timothy Riley Fire and Marine Chief 3300 Newport Blvd. RO..Box 1768 Newport Beach, CA 92658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 25, 1997 Ray and Dorothy Handy Fun Zone Boat Company 600 Edgewater Place Balboa, California 92661 Re: Vessel Emerald Forest on June 18, 1997 Sirs: Fun Zone Boat Company is operating under a Commercial Harbor Activity Pe=t administered by the Fire and Marine Department. The permit was approved subject to specific conditions. Item 6 of your permit specifies that amplified sound shall cease at 10:00 p.m. The Orange County Sheriff Harbor Department has advised this office that on June 18, 1997, the vessel Emerald Forest was conducting a charter at 3:22 A.M. and had to be warned by the harbor patrolman to turn down the volume on the music. The was in response to a citizen complaint. Please remind your staff that it is important to operate within the harbor regulations since any permit issued pursuant to Chapter 17 of the Newport Beach Municipal Code may be revoked for repeated violations of any law, rule or regulation of the City of Newport Beach, or if the commercial activities of the permittee adversely affect the welfare of those who own property near the water of Newport Beach. Sincerely, Wes Harbor Inspector CC: Tony Melum, Deputy Chief Glen Everroad, Revenue Manager Captain Dave Mann, OCHD SORT ,& Timothy Riley Tire and Marine Chief 3300 Newport Blvd. P. O. Box 1768 Newport Beach, CA 92658-8915 NEWPORT BEACH FIRE AND MARINE DEPARTMENT January 21, 1997 Mr. J. R. Handy President Fun Zone Boat Co. Inc. 600 Edgewater Balboa, CA 92661 Re: Passenger Count for the Fun Zone Boat Co. Inc. Dear Mr. Handy: In researching the file for the Fun Zone Boat Co. Inc. it appears that when your original application was submitted for a Commercial Harbor Activities Permit the numbers of passengers listed for your boats was 396. Subsequent to that memorandum you were in the process of relocating your operations from 700 Edgewater Blvd. to the current Fun Zone site at 600 Edgewater Blvd.. As a condition of allowing you to transfer your business from the 700 site to the 600 site, the City asked you to reduce your passenger count to 331 passengers and you submitted your letter indicating that reduction to the City Attorney's Office on April 27,1992. It is my understanding that you elected not to move your whole operation to the 600 Edgewater site and are in fact operating your business both from the 600 and 700 Edgewater locations. As a result the condition that reduce your passenger count to 331 is no longer in effect. Your authorized passenger count should 396 as indicated in your letter submitted on December 4,1996. Therefore, you are currently allowed 396 passengers as follows: Tiki 150 Belle 64 Queen 100 Showboat 82 If you have any additional questions please contact me at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division 1APR-27-92 MON 11:Z3 VOSS-r-GEORGE P-02 'ITN ZONE BOAT CO. INC. PHONE (714) 673-0140 #95-2404549 DAL GRETTENBERG 7OqRDGEWATER NE-WPORT HARBOR CRUIStS BALBOA, C.A. 92661 "BELLE" 'QUON' 'SHOWBOAT' 'MI' April 27, 1992 Robert Burnham CITY ATTORNEY CITY OF NEWPORT BEACH 3300 Newport Blvd. P.O. Bax 1768 Newport Beach, California 92659-1768 Re: Fun Zone Boat Co. Inc. Dear Mr. Burnham; pursuant to our meeting in your office, the boate 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.Burnham2_itr FUN ZONE BOAT COMPANY, INC. 600 Edgewater Place Balboa, California 92661 tel: (714) 673-0240 fax: (714) 673-8413 Wednesday, December 04, 1996 Tony Melum DEPUTY CHIEF MARINE ENVIROMENTAL DIVISION CITY OF NEWPORT BEACH 3300 Newport Blvd. P.O. Box 1768 Newport Beach, California 92659-1766 Re: Fun Zone Boat Company Inc. Dear Mr. Melum: Thank you for your letter of 22 Nov. 96, to Mr. Bruce Voss, regarding the passenger count for the Fun Zone Boat Company, Inc's four vessels. Mr. Voss has instructed me to furnish the information you requested on our original Coast Guard C.O.I.'s, which is still in force. The passenger counts are as follows: M.V. Tiki M.V. Belle M.V. Queen M.V. Showboat Total 150 64 100 82 396 We will look forward to your letter confirming the 396 persons is our correct passenger count. We thank you for your cooperation in this matter. Sincerely, J.R. Handy, resident i� archift@hrmaDS planning + architecture 447 east seventeenth street costa mesa, california 92627 714 642-6055 February 1, 1995 Faysal Jurdi, PE Chief Plan Check Engineer Building' Department City of Newport Beach Newport Beach, California Subject: Handicapped Accessibility Project: Commercial Dock Revision Project Newport Bay 600 Bay "R" Balboa, Newport Beach California Plan Check No.: 112-604 Owner: Balboa Fun Zone Rides, Inc. 700 E. Edgewater, Balboa, California Fun Zone Boat Co., Inc. 600 E. Edgewater, Balboa, California Dear Mr. Jurdi: I write on behalf of our Client, the Balboa Fun Zone Rides, Inc. with regard to their application for a Building Permit for the construction of the above-named project presently in plan check in your Department. The Project under consideration is a T -Shaped commercial dock, designed to moor a 103 -foot and a 113 -foot harbor cruise boat on each side of a 10'-0" wide by 90'-0" long pier, and is accessed by means of a 6-0" wide gangway spanning 30'-0" from a 6-0" x 6-0" entry landing deck at the existing bulkhead level down to the new dock. See Exhibit A. The construction cost of the Project is estimated as follows: Total Dock Area: 1,608 Sq. Ft. x $34.00 / Sq: Ft. _ Entry Landing Deck: $ 54,672.00 36 Sq. Ft. x $34.00 / S Ft. _ 6'-0" x 30'-0" Steel Framed Gangway Qa $36.00 / Sq. Ft. _ $ ,480.00 q $ 6,480.00 Total: $ 62,376.00 All City plan check corrections on the plans we submitted have been duly addressed with the exception of the issue of handicapped accessibility which we find, after careful and thorough study, to be technically infeasible under the existing site conditions, and if implemented, will cause unreasonable hardship to our client. In this connection, we respectfully present the following Schemes and Exhibits for your review and consideration. Scheme I : Exhibit B - Technically Infeasible In order to provide a gangway and access ramps per ADA specifications (1:12 max. slope), it would require a total run of approximately 94'-0" , that is, a 30'-0" gangway that will adjust to the rise and fall of the tides, a 5'-0" landing, then a 27'-0" long fixed ramp that will terminate into another 5'-0" landing, then another 27'-0" fixed ramp. Such an assembly, if erected from our proposed 6'-0" entry landing at the bulkhead level will overshoot in length far beyond the deck of our dock and past the west property line that abuts the Ferry landing. See Exhibit B. Scheme II: Exhibit C - Technically Infeasible To erect this same straight run assembly further to the east so that the bottom of the ramp terminates at the "T" junction of the proposed pier, would position the access entry landing about 60'-0" -away from the control booth and its remoteness will encumber the effective supervision of incoming and outgoing passengers. See Exhibit C. Furthermore, its construction will encroach into a portion of an existing dock which can not be removed. Scheme III: Exhibit D - Technically Infeasible and Unreasonable Hardship An alternate to a straight run is a "U" - shaped access ramp that will start at the bottom of the gangway with a 5'-0" landing, then a 27'-0" ramp that will terminate into a 6'-0" x 12'-0" landing, then continue with another 27'-0" ramp running the opposite direction of the first ramp. See Exhibit D. It can be noted that the last leg of the ramp falls over and beyond the proposed dock, thus requiring the construction of an additional 422.5 square feet of dock space to accommodate said ramp and required circulation space. This increase in dock width will excessively foreshorten the mooring lengths of the main pier which will prohibit the effective mooring of the tour boats. Although a mooring encroachment beyond the U.S. Project line equivalent to the beam dimension (width of the boat) of + - 30'-0" is permissible, it is almost mandatory, for reason of safety, to minimize such encroachments and stay clear of this space as much as possible due to its closeness to the travel path and maneuvering proximity of the existing Ferry service. Assuming, without concluding that this Scheme can be made to function within the limits of tolerance, the issue of cost is most significant. The amount involved in the construction of this additional dock space and handicapped ramps and landings is as follows: 422.5 square feet of additional dock space @ $34.00 / sq. ft. = $14,365.00 426.0 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 24,163.00 Percentage: 38.73 % of Estimated Project Construction Cost of $62,376.00 Scheme IV: Exhibit E - Technically Infeasible and Unreasonable Hardship The above "U" - shaped scheme may be developed into an "S" - shaped configuration where the first leg of the ramp starts from a 6'-0" x 12'-0" landing and runs the opposite direction of the gangway and terminates into a 6'-0" x 12'-0" landing, to where the last leg of the ramp starts and runs in the opposite direction of the first. See Exhibit E. This scheme, as can be noted from the Exhibit, will require a 508 square foot additional expansion of the pier to house the ramps and circulation space and, like Scheme III, such expansion will severely impact the mooring length of the east boat slip. The cost of this additional expansion area plus handicapped ramps and landings is as follows: 508 square feet of additional dock space @ $34.00 / sq. ft. _ $ 17,272.00 468 square feet of ramps and landings @ $23.00 / sq. ft. = $ 10,764.00 Total Cost: $ 28,036.00 Percentage: 44.94% of Estimated Project Construction Cost of $ 62,376.00 Scheme V: Exhibit F - Technically Infeasible and Unreasonable Hardship In an attempt to possibly reduce the area of dock expansion, Scheme V which is a modified version of Scheme III, has been developed, where the fixed ramps are made to run at 30'-0" and 24'-0" in iengths. It can be noted that the landing that connects the upper and the lower ramps encroaches further into the west end of the south pier where the existing pump station is located and this involves the relocation of said pump station at a probable cost of about $ 3,600.00. See Exhibit F. The problems encountered in this scheme are similar to that of Scheme III and the construction cost involved is as follows: 372 square feet of additional dock space @ $34.00 / sq. ft. _ $12,648.00 426 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 22,446.00 Percentage: 35.98% of Estimated Project Construction Cost of $ 62,376.00 The Exhibits and cost analysis presented above clearly illustrate the site restrictions encountered and the excessive cost involved in our faithful attempts to make provisions for the handicapped. We are cognizant of the fact that certain benefits can be derived in providing these access ramps. The handicapped will be rightfully served with equal access, passengers and service functions will have a more gradual and a more convenient travel transition in height from the bulkhead level to the proposed dock and back. However, the facts and figures obtained from the studies made above, clearly show that the benefits derived are heavily outweighed by site and functional constraints, and above all, financial hardships. At this this juncture, therefore, we have no other recourse but to respectfully request your office, in our Client's behalf, to waive the ADA requirement based on Technically Infeasible, T Section 421 (par. al) and Unreasonable Hardship, U Section 422 (par. c)of Title 24 of the California Access Statute. As an alternate to providing access ramps for the handicapped, our Client will have personnel available during operational business hours to offer assistance to the handicapped in facilitating their. means of access to and from the mooring dock of the tour boats, a service which he has provided to the handicapped in the last forty years of harbor boat tour business operation. To make the public aware of this service, a sign will be posted at the dock entry that will read: Assistance to the Disabled available upon request. We hope that this alternate measure offered will satisfy the requirement for handicapped accessibility. T ank yo v ry muc Y rs tru C ad ufa ze cc: Balbo Fun Zone File your kind consideration in this regard. Inc. N E WP OR T BAY U.S. PROJECT LINE 9-1- SECTION 1-1 EXHIBIT "A" SCALE 1;20 PROPOSED PROJECT 1 I 4 � b I 0 Lu Z 2 wl O d AUTO ' FERRY 1 Z I Lu Q¢ ai I • 6-0' x 2T Hcp RAMP (1:12) RAMP 9-0' x 27' Hcp RAMP (1 N E W P OR T BAY U.S- PROJECT LINE I I I I I I I I I I I I I I I I I I I I I I i - Nk DOCK PLAN SCALE 1:20 NEW 6'-0'X30'-0' GANGWAY DOCK 1:12 MAX SLOPE (HCP) O J m t WL SECTION 1-1 SCALE 1:20 EXHIBIT "B" SCHEMEI 1 5' TICKET 61 Nk DOCK PLAN SCALE 1:20 ti -0' x 27' Hcp RAMP (1.12) 6'-0' x 2Tx Hcy SECTION 1-1 SCALE 1:20 NEW 6'-0' X 30'-0' DOCK GANGWAY 1:12 MAX SLOPE (HCP) I 1 EXHIBIT "C" SCHEMEII N E W P OR T B A Y U.S. PROJECT LINE � NFU! c� n• v an•_n• r_ nun_�ninv SECTION 1-1 SCALE 1:20 EXHIBIT "D" SCHEME III NEW P OR T B A Y _ _ _ U.S. PROJECT LINE NFW e. n. .. .,n. ... .. ..�..�...., m W Q a SECTION 1-1 SCALE 1:20 EXHIBIT "E" SCHEME IV NEW P OR T BAY U.S. PROJECT LINE -� NEW a -_n• v n -111 —v SECTION 1-1 " SCALE 120 EXHIBIT "F SCHEME V 9 , .-CITY of NEWPORT BEACH TO L.B. 9 `0._1 w a, O C I N E W P y - - P I E R T Q o / VIL 0 BAY CSF - --'_. PIE I C 0 AIV ___ _I,IO DREC�INS p 4 Z IML SCALE IN MILES VICINITY MAP -- -"'' I140FT' .NEWPORT HARBOR, CALIFORNIA -US,PROJECT LN5 I I I -- - !- •- I I I I I I I I= I I I II I I II I I��LOCA'F'c�15 - I 1 ----- —I I. co I ILI i SCA L2 1 1; 20 FT ILI I I •: I 1 � i ► �cck -- ! - - _I _o APPLICANTS NAME FuN7A L'A�1"f�IC� 'Ill`�Ci' TRACT EAYFFIR40'13LO•CK LOT; JOB ADDRESS_-_7t`� F-.;15L4/A.75R CONTRACTOR �,+� CERTIFIED MARINE EXPEDITIONS N.Bslip 072399r°m°�S City of Newport Beach Fire and Marine Department Tony Melum P. O. Box 1768 Newport Beach, Ca. 92658-8915 July 23, 1999 Dear Tony; We would like to make a formal proposal to the City of Newport Beach. As you know we have working with Ray Handy on the possibility of reconfiguring the area just South of the public dock to accommodate our boat, Rapture. The Harbor Master, Captain Marty Kasules, I believe, has indicated that they do not believe our proposal would present a hazard or otherwise interfere with harbor operations. Bob Black, the neighbor to the South of this location, was contacted about our proposal and as far as we know he does not have any objection to our proposal. Since 1989 we have maintained our office in Newport Beach, which is currently located at 2801 W. P.C.H. We employ about seven full time people and about ten part time crew when the boat is in operation. The Rapture is an overnight expedition vessel. We can take as many as 149 passengers on multiple day trips. We are not a harbor excursion vessel, we seldom do harbor cruises. Our mission is to provide an opportunity for every participant in our programs to be inspired by the sight, sounds and experiences of the ocean and it's inhabitants. We have designed and constructed a vessel to serve as a platform for state of the art field expeditions away from the classrooms and into the heart of the marine environment. We want our students to learn and respect our marine environment. Our trips are typically three to five days duration and consist of • Church camps aboard the Rapture at Santa Catalina Island. • Marine science trips with schools from the sixth grade through college and university levels. These trips are off the islands of Southern California. • Graduation trips to Santa Catalina Island. • Leadership/staff retreats. • Customized retreats • We work with churches and schools from all over the country. • We have, for about the past five years conducted overnight trips for underprivileged and at risk children. R O. Box 15157, Newport Beach, CA 92659, (888) WHALES -5, FAX (949) 650-0573 • We have also done charity charters at cost, or even at times no cost. In late October of 1999 we expect to move the Rapture to Hawaii for several months, where we are offering the same types of expeditions. These expeditions will be for mainlanders as well as Hawaiians. We have talked to Plotze Miller at Shell Maker Dredging to determine what would be required in order to give us the necessary minimum depth of seven to eight feet. Since we would be docking "bow in" we do not need this depth up to the sea wall. We need seven and one half feet (7 1/2') at about twenty-five feet off the wall. This doesn't seem to be a problem, and the cost would be within our budget. Pete Swift's preliminary estimate also appears to be within our budget and of coarse would be constructed to the standards required for a boat the size of Rapture. Our intent is to leave the newer dock to the north of the Phoenix, which would become a common loading dock for the Phoenix and the Rapture. The old dock where the existing gangway is located would be removed. We would replace the old gangway with a new one that would be parallel to the sea wall and would service both the Phoenix and the Rapture. . The stem of the Rapture would be right up to the sea wall. Our proposed plan would have Rapture extend aproximately 6 or 7 feet farther into the bay than the Flyer. If we interpret the pier head line to be a line drawn from the corner of the dock in front Pavilion to the existing dock just to the north of the public dock, we would extend about 26' to 30' beyond that imaginary line. Our Beam is 37 1/5 feet. This would put us well under the "dock line plus beam" rule. Rapture's overall length, stem to stern, is 145 feet. If we add our 37 1/2' beam to the existing dock length, about 102' from the seawall, we would be allowed about 139 1/2'. Using this scenario we would extend about 5 1/2 to 6' beyond the existing "dock plus beam" rule. Please refer to the aerial photo enclosed. Because of the nature of our operation, as described above, we would not be contributing to the noise pollution problem that sometimes results from harbor cruises. We do not have a bar on board, nor do we play any music while we are still in the harbor. Our goal is to get our groups out of the harbor and to one of the local Islands. Our groups are usually bused into the area; therefore our parks ng requirements would be minimal. The greatest demand for parking is probably during the Christmas parade when the Rapture is scheduled to be in Hawaii. We will bring a lot of people, especially young people, into the fun zone area. Our groups are also well chaperoned, with usually one adult for every six or ten students This should be helpful to the local business's. Tony, we ask that you consider our proposal and allow us to relocate the Rapture to Newport Harbor as soon as possible. We will look forward to your reply. Yours truly; /,3v 1 a" -"f Gene McClung, CFO Certified Marine Expeditions c.c. Ray Handy c.c. Pete Swift c.c. Captain Marty Kasules c.c. Bob Black T ' _C I W L �7AM �r',7►,S' iw, aor,041 1 F I � C41 f W L �7AM �r',7►,S' iw, aor,041 1 om -0 I SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: DANA- POINT SAN JUAN CAPISTRANO LAGUNA HILLS STANTON LAGUNA NIGUEL VILLA PARK LAKE FOREST HARBORS. BEACHES & PARKS MISSION VIEJO JOHN WAYNE AIRPORT SAN CLEMENTE OCTA June 3, 1999 City of Newport Beach Marine Director Tony Mellum 3300 Newport Tad. Newport Beach, Ca. 92659-1758 Dear Tony, I MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS DON HAIDL JOHN HEWITT GEORGE H- JARAMILLO TIM SIMON DOUG STORM Per your request regarding the Vessel "Rapture", the Harbor Patrol studied the feasibility of docking a 145' Vessel in the area just east of the Washington Street Public Pier. Deputy Steve Mitchell conducted the study. As you may know, Deputy Steve Mitchell oversees the placement of harbor moorings and also serves as our boating accident investigator. His instructions were to assess whether or not vessel of this size would be a hazard to navigation or otherwise interfere with harbor operations: Deputy Mitchell determined that the "Rapture" would not impede the flow of boat traffic, nor pose a hazard to navigation. The Washington Street area appears suitable for a vessel "Rapture's" dimensions. Based on this information, the Harbor Patrol would not oppose placement of a vessel in this size range off Washington Street. Sincerely, MICHAEL S. CARONA, Sheriff -Coroner Captain Marty Kasules Harbor Master MK:pj 1901 SAYSIDE DRIVE ® CORONA DEL MAR, CALIFORNIA 92635 ® (949) 673-1025 ' 4 SHERIFF -CORONER DEPARTMENT COUNTY OF ORANGE CALIFORNIA SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE FOLLOWING CITIES AND AGENCIES: DANA POINT SAN JUAN CAPISTRANO LAGUNA HILLS STANTON LAGUNA NIGUEL VILLA PARK LAKE FOREST HARBORS, BEACHES & PARKS MISSION VIEJO JOHN WAYNE AIRPORT SAN CLEMENTE OCTA June 8, 1999 City of Newport Beach Marine Director Tony Mellum 3300 Newport Blvd. Newport Beach, Ca. 92659-1768 Dear Tony, MICHAEL S. CARONA SHERIFF -CORONER ASSISTANT SHERIFFS DON HAIDL JOHN HEWITT GEORGE H. JARAMILLO TIM SIMON DOUG STORM Per your request regarding the'vessel "Rapture", the Harbor Patrol studied the feasibility of docking a 145' vessel in the area just east of the Washington Street Public Pier. Deputy Steve Mitchell conducted the study. As you may know, Deputy Steve Mitchell oversees the placement of harbor moorings and also serves as our boating accident investigator. His instructions were to assess whether or not a vessel of this size would be a hazard to navigation or otherwise interfere with harbor operations. Deputy Mitchell determined that the "Rapture" would not impede the flow of boat traffic, nor pose a hazard to navigation. The Washington Street area appears suitable for a vessel "Rapture's" dimensions. Based on this information, the Harbor Patrol would not oppose placement of a vessel in this size range off Washington Street. Sincerely, MICHAEL S. CARONA, Sheriff -C roner Captain Marty Kasules Harbor Master MK:pj 71/z/a s 40,1, 1901 BAYSIDE DRIVE • CORONA DEL MAR, CALIFORNIA 92625 • (949) 673-1025 From th,, desk of Marty June 23, 1998 City of Newport Beach Marine Environment Management PO Box 1768 Newport Beach, CA 92658-8915 Attn: Tony Melum re: increasing public dock space in Newport Harbor Dear Mr. Melum: N. tchell 7e� I have been an avid boater in Newport Harbor for over 20 years. It's always enjoyable to dock at the Fun Zone public dock, have some pizza from Pizza Petes, buy some Balboa Bars then head out to sea. Unfortunately, in recent years, it has become increasingly difficult to find open dock space at that location on a sunny summer day. Although the dock has three sides, due to an obstruction, only two are usable. There are two standoff pilings (vertical steel pipes) protruding from the water about 5 feet east of the public dock. These pilings make it nearly impossible to use the east side of the public dock. If these pilings were removed, the usable public dock space would increase by 50%. Additionally, boaters could co -exist better with dockside fishermen by side -tying rather than end -tying. Enclosed, please find a rough diagram showing the Fun Zone public dock and adjacent standoff pilings. Please consider increasing our limited public dock space by having the pilings removed. Thank you. Very truly, i artythe 2627 Buckeye Street Newport Beach, CA 92660 (949)760-6060 cc. Wes Armand enclosure 2627 Buckeye Street, Newport Beach, CA 92660 • (714)760-6060 Z# aoMsIMn yam.. N 3 L6 O O O� N m v = O � t U6 O v O CL Z# aoMsIMn yam.. N 3 L6 e�I-T eF 4 '9= NEWPORT BEACH FIRE AND MARINE DEPARTMENT June 25, 1997 Ray and Dorothy Handy Timothy Riley Fun Zone Boat Company Fire and Marine Chief 600 Edgewater Place Balboa, California 92661 3300 Newport Blvd. Re: Vessel Emerald Forest on June 18, 1997 P.O: Box 1768 Newport Beach, CA 92658-8915 Sirs: Fun Zone Boat Company is operating under a Commercial Harbor Activity Permit administered by the Fire and Marine Department. The permit was approved subject to specific conditions. Item 6 of your permit specifies that amplified sound shall cease at 10:00 p.m. The Orange County Sheriff Harbor Department has advised this office that on June 18, 1997, the vessel Emerald Forest was conducting a charter at 3:22 A.M. and had to be warned by the harbor patrolman to turn down the volume on the music. The was in response to a citizen complaint. Please remind your staff that it is important to operate within the harbor regulations since any permit issued pursuant to Chapter 17 of the Newport Beach Municipal Code may be revoked for repeated violations of any law, rule or regulation of the City of Newport Beach, or if the commercial activities of the permittee adversely affect the welfare of those who own property near the water of Newport Beach. Sincerely, of Vries Harbor Inspector CC: Tony Melum, Deputy Chief Glen Everroad, Revenue Manager Captain Dave Mann, OCHD Worksheet for Building Combo PermitJWRQRgS0URCES '' °' City of Newport Beach - Building DepartmerlP iTY OF NEWPORT Please print 3 copies 1.r � j � 1s 0#(,L ("'Building Grading "':Drainage (" Elec um Mech Plum �( _! 1. Project Address (Not mailing address) Tenant Name(if Applicable) 2. Description of Work .1c e........_3...........1... .................... .... 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Architect/Designer's Name Last Bl �Q �� � �' n f �Fjirst ' Lic. NO. Arch itect/Designer•s Address Architect/Designer's E-mail Address .........� .54 ............................................................................................................................................................................................... City ............✓fO.................................................... State Zip Telephone .._...........................................................: j- 5. Engineer's Name Last_ First Lic. No. .......................................... _.......................................................... :........................................................ Engineer's Address City State Engineer's E-mail Address ................................................................................................................................................................................................: Zip ........................................... Telephone 6. Contractor's Name Last�PpQr�O�I First Lic. No. ���� ;Class - Contractor's Address ....Z.._......cvb,...._.%.d_... _....... ..._..._.._.....___....._...._ .._..__.... City ......c.`..t ir........1...:.._:a.%t State .I ................................. OFFICE USE ONLY ENERGY P/C FEE $ GRADING P/C FEE $ Contractor's E-mail Address Gb�...............C...aP ...... ... Ylf. CoM........................... ZipTelephone PERMIT NO. PLAN CHECK NO. Rev 1/18/07 ELEC/MECH/PLUM P/C PLAN CHECK FEE $ X71\v1.LJ11a1.11 I PAV ui .111, ON 3NOHd3l31 :3ViVN U31 :SS38a0b 103(9 Liti � w V wi la � N' CL crZ 0 0 U) 0 cn O X CD c• � - 3. 10 m o F-1- C: CLCD CD c O Z O O � C o `n o Is cn 00 O 0 CD 1 U W o —o C -0 -v U) CD CD o' CL c° CD CD vo K m 3 O 0 C: CD -0 Q 0 � O X-6' CD rn�� '^�� c / V W --j U) X O :•NC) (a O CD CD CD -n c° CT°off < �• Q crj m °(D ° �O CL I� O �- O CL cn `3 om CD C7 :3 O n 13 CD CD o V♦ M O 73 O U) CD CL 3 = tcn � -•cn =r o C: --%, m -• 3 w CD C: S� T G � � N w v I O -o o � _ CD V CCE) �• o C7 CD (n � Z rn 3 Cl) -0 ° r c - O 1 z o V♦ M O 73 O U) CD CL Site to be Surveyed for Potential Tall Ships Event (May 2007) The Site Survey includes checking the depth and the proper adjustment for low tide at A and C, which represent points at the corners of the Survey Site and at B, a point halfway between points A and C. Map Output Page 1 of 1 http://www6. city.newport-beach.ca.us/servleticom.esri. esrimap.Esrimap?ServiceName=n... 03/21/2006 ._CITY of ' NEWPORT BEACH TO L.B. � ,off � � _—.J►_T-E-=-_ N E W P I E R PIE BAY C/FI - C � C� A IV --PO DREDGI p 1 1 IML 4 2 SCALE IN MILES -- -If..-; VICINITY MAP -------- ---� It�#0FT .NEWPORT HARBOR. CALIFORNIA 22,G�. 6,a1 I��OI ,6id� i�01 -US.PZ�J�GCT LIw= : � I I I ------ --T I I I I I I DOCK —SCAt_M ; -1; 20 FT, ----� - i Ify- i I IwAls-r.1krz _4 -o APPLICANTS NAME FUl47-dHSBC l47RID55,1I�C, TRACT W IIRBNiBLO.CK LOTS JOB ADDRESS ___ _'� �'CT I -,`l Ll, '..!.,I CONTRACTOR DATE:%;'`' / 1 j Marina WaterSports P.O. Box 538 Balboa, CA 92661 949/673-3372 • Fax 9491723-5308 May 4, 1998 Mr. Wes Armand Marine Environmental Management Newport Beach Fire and Marine Department 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mr. Armand, Thank you for your recent correspondence regarding the on-site inspection of my business facility by your department (copy enclosed). With regard to dock fire hose certification, I forwarded a copy of your letter to my landlord, Mr./Ms. Ray & Dorothy Handy, owners of the Fun Zone Boat Company for their disposition as I am only one of several tenants renting slip space at their facility. As to the new sign at the facility, Mr. Melum informed me of the 4-8q. ft. limitation when I spoke to him about replacing the old "Anchors Away" signs when I bought the business last August. Only upon receiving your letter did I discover that the new sign is, in fact, 5.1 sq. ft. Per your instructions, I will be contacting Mr. Melum in request of an exemption. Upon contacting the sign maker regarding this 1 -sq. ft. error, it was discovered that he misinterpreted my specifications that the sign could not exceed 576 sq. inches to mean that the stick -on vinyl lettering material could not exceed this limitation. Upon measuring the total area surrounding the lettering, I find that it comes to 738 sq. inches, or 5.1 sq. ft. So that Mr. Melum will have some advance information regarding my pending request, I have enclosed a couple of photographs for his review. These photos show that the new low profile sign replaced a 128-sQ. ft. sign that had been present at this facility for over 10 years. I am hopeful that, given the circumstances, the 92% reduction in "sign pollution" is seen as in keeping with the spirit of the Harbor Permit Policy when a 94% reduction would have been technically correct. I might add that I even changed the name of my business from "Marina Watercraft Rentals" to "Marina WaterSports" to help shorten it because of the sign policy. Mr. Wes Armand May 4, 1998 Page Two Finally, you may want to update your department's records to reflect both my new business name and mailing address: Marina WaterSports, P.O. Box 538, Newport Beach, CA 92661. My business telephone number is 673-3372 and my home number is 723-5303. Thank you for your consideration. Sincerely, Tony Dalzell Enclosures CC: Mr. Tony Melum, Deputy Chief , A c October 8, 1996 Balboa Parasailing Attn: Ron Jensen and Mike Perrin 700 E. Edgewater Balboa, CA 92661 Re: Request for Information Relative to Sponsorship of Your Operation Dear Sirs: I have researched the Municipal Code and the City Council Policies and I can find no prohibition of what you propose relative to sponsorship of your parasailing operation. I hope this answers your question and if I can be of more assistance please give me a call at 644-3041. Sincerely, Tony Melum Deputy Chief Marine Environmental Division Melum, Tony From: Ducey, Peggy To: MELUM Subject: RE: Advertising on boat topsides and par Date: Tuesday, October 01, 1996 1:41 PM Priority: High Not that I know of, but my bet is that Kevin and the Council would oppose the advertising. From: Melum, Tony on Tue, Oct 1, 1996 10:56 AM Subject: Advertising on boat topsides and parasai ek To: Ducey, Peggy One of our Harbor permittees (a parasailing operation) has an opportunity to get sponsorship from a major beer distributor. It would involve painting the sides of his vessel with the company logo and also putting it on their parasail. There is no specific prohibition in the sections of the muni code that I am familiar with or the Council policies. Can you think of any other areas where restriction might reside or give me a referral? Page 1 P A R A - S A I L I N G INFORMATION REQUEST FOR BALBOA PARASAIL Balboa Parasail is currently in negotiations with a major beer distributor regarding sponsorship. The sponsorship would require the beer distributors' logo along the sides of the parasail vessel and upon the parasail itself. Before progressing further in our negotiations we are consulting you regarding any existing legal protocols within the City of Newport Beach / Balboa which would prohibit, or in any way regulate, our pursuit of this matter. In addition, should there be no legal roadblocks, we would request your response in writing for future reference. We appreciate your consideration of this matter. Sincerely, Ron ens Mike Perrin Melum, Tony From: Clauson, Robin To: Melum, Tony Subject: RE: Advertising on boat topsides and parasail. Date: Tuesday, October 08, 1996 1:34PM nope From: Melum, Tony To: Clauson, Robin Subject: FW: Advertising on boat topsides and parasail. Date: Tuesday, October 08, 1996 10:25AM Any thoughts Robin? From: Melum, Tony To: Ducey, Peggy Subject: Advertising on boat topsides and parasail. Date: Tuesday, October 01, 1996 10:46AM One of our Harbor permittees (a parasailing operation) has an opportunity to get sponsorship from a major beer distributor. It would involve painting the sides of his vessel with the company logo and also putting it on their parasail. There is no specific prohibition in the sections of the muni code that I am familiar with or the Council policies. Can you think of any other areas where restriction might reside or give me a referral? Page 1 August 13,1996 Mr. Bruce Voss Attorney at Law 2424 Southeast Bristol Street Suite 300 Newport Beach, CA 92660-0757 Re: Fun Zone Boat Company Dear Bruce: I apologize for not getting back to you sooner on your request, however, it was necessary to review both of the files for the Fun Zone Boat Company and Catalina Passenger Service to ascertain exactly what took place. I have attached for your information a copy of the Commercial Harbor Activities Permit issued to Fun Zone Boat Company and a corresponding letter sent to the City Attorney on April 27,1992. Both these documents suggest that as a condition to allowing the use of the both the property at 600 Edgewater and 700 Edgewater the applicant agreed to reduce it level of operations from 396 to 331 passengers. What I am having a problem with, and have found no help in either one of the files, is what conditions have changed that would require that the City to allow Fun Zone Boat Company to return to the old passenger count of 396 passengers. As I mentioned to you on the telephone, I thought one of the reasons that the reduction took place was pursuant to an agreement between Fun Zone Boat Company and Catalina Passenger Service. However, in my files I have not found any reference to that agreement. Therefore, I am having difficulty in just arbitrarily returning the passenger count to 396 without some kind of document to substantiate the change now versus the agreement when the Commercial Harbor Activities Permit was signed in 1992. Please give me any help you can to resolve this matter. If we need to discuss this further, please give me a call at 644-3044. Sincerely, Tony Melum Deputy Chief Marine Environmental Division TM/ la August 8, 1996 Tony Melum Deputy Chief Marine Environmental Division City of Newport Beach PO Box 1768 Newport Beach, CA 92658-8915 Re: Fun Zone Boat Company Dear Tony: CUMMINS &WHITE, LLP 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 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017-2566 Telephone (213) 614-1000 Fax (213) 614-0500 No. 12 Jen -Ai Rd. Section 2 Seventh Floor Taipei, Taiwan, Republic of China Telephone (02) 341-4602 Fax (02) 321-6388 Have you had an opportunity to further review the files? Please let me know if I can be of assistance to you. Very truly yours, William Bruce Voss WBV:lm IJ6601650081 1 #5501 !. W PDI Including Professional Corporations CUMMINS &WHITE, LLP L A W Y E K S July 30, 1996 2424 S.E. Bristol Street Suite 300 Newport Beach, CA 92660-0757 Telephone (714) 852-1800 Fax (714) 852-8510 Dear Tony: Thank you very much for your assistance in the matter of the Fun Zone Boat Company. I believe that we are entitled to sixty-seven grandfathered passenger rights which was not consummated previously. If there is anything further I can do to assist you, please let me know. Again, thank you for your continued cooperation and assistance. If you need me to bring anything down to you, I would be more than happy to bring the file and meet with you over coffee. Very truly yours, William Bruce Voss WBV:bh cc: Ray and Dorothy Handy jA017j64224j 1 DK001 ! . W PDj Including Professional Corporations 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017-2566 Telephone (213) 614-1000 Tony Melum Fax (213) 614-0500 Deputy Chief No. 12 Jen -Ai Rd. Section 2 Marine Environmental Division Seventh Floor City Newport Beach Taipei, Taiwan, Republic of China of Telephone (02) 341-4602 PO Box 1768 Fax (02) 321-6388 Newport Beach, CA 92658-8915 Dear Tony: Thank you very much for your assistance in the matter of the Fun Zone Boat Company. I believe that we are entitled to sixty-seven grandfathered passenger rights which was not consummated previously. If there is anything further I can do to assist you, please let me know. Again, thank you for your continued cooperation and assistance. If you need me to bring anything down to you, I would be more than happy to bring the file and meet with you over coffee. Very truly yours, William Bruce Voss WBV:bh cc: Ray and Dorothy Handy jA017j64224j 1 DK001 ! . W PDj Including Professional Corporations July 16, 1996 Mr. William Bruce Voss Attorney at Law 2424 S.E. Bristol Street Newport Beach, CA 92660-0757 Re: Letter dated July 12, 1996 Dear Bruce: I have reviewed the file and it appears that as a condition of a settlement of the transfer dispute between Catalina Passenger Service and the Fun Zone, 65 grandfathered passenger rights were transferred from Fun Zone to Catalina Passenger Service. It appears, from you letter that agreement was never finalized or has broken down for some reason and now you are requesting that the 65 passenger count be returned to the Fun Zone Boat Company. Would you please give me a call with additional details or drop me a line of clarification. Thank you in advance for your cooperation. Very truly yours Tony Melum Deputy Chief Marine Envirnomental Division TM/la CUMMINS &WHITE, LLP L A W Y E R S July 12, 1996 2424 S.E. Bristol Street Suite 300 Newport Beach, CA 92660-0757 Telephone (714) 852-1800 Fax (714) 852-8510 Dear Tony: Thank you very much for returning my telephone call. Enclosed you will find a copy of the document which originally permitted the amended commercial hour activities permit. Page 3, paragraph 6, provides an amendment of the passengers on our boats from 396 to 331. Since the Pavilion never joined in this same situation, we ask that we be returned to our grandfather status pursuant to the letter I sent you previously. Your cooperation and assistance is greatly appreciated. Tony, you know the work we are trying to do in the Fun Zone area, and we sincerely appreciate the backing we have had from the City. I look forward to seeing you soon. Very truly yours, William Bruce Voss WBV:bh Enclosure jA017j63175j 1 CQV01 !. WPDj Including Professional Corporations 865 S. Figueroa Street 24th Floor Los Angeles, CA 90017-2566 Telephone (213) 614-1000 Tony Melum Fax (213) 614-0500 Marine Director No. 12 Jen -Ai Rd. Section 2 Cit} of Newport Beach Seventh Floor Taipei, Taiwan, Republic of China PO BOX 1 768 . Telephone (02) 341-4602 Newport Beach, CA 92658-8915 Fax (02) 321-6388 Dear Tony: Thank you very much for returning my telephone call. Enclosed you will find a copy of the document which originally permitted the amended commercial hour activities permit. Page 3, paragraph 6, provides an amendment of the passengers on our boats from 396 to 331. Since the Pavilion never joined in this same situation, we ask that we be returned to our grandfather status pursuant to the letter I sent you previously. Your cooperation and assistance is greatly appreciated. Tony, you know the work we are trying to do in the Fun Zone area, and we sincerely appreciate the backing we have had from the City. I look forward to seeing you soon. Very truly yours, William Bruce Voss WBV:bh Enclosure jA017j63175j 1 CQV01 !. WPDj Including Professional Corporations June 13, 1996 Balboa Para -Sailing Attn: Ron Jensen and Mike Perrin 700 E. Edgewater Balboa, CA 92661 Dear Sirs: We have researched our records relative to your permit at 700 E. Edgewater and as far as our files reflect we have had no notice of any accidents or injuries as a result of your para -sailing operation. If we can be of further assistance or you need additional information, please contact me at 714-644-3044. Sincerely, Tony Melum Deputy Chief Marine Department P A R A- S A I L I N G June 11, 1996 Mr. Tony Melum Deputy Chief Fire & Marine City of Newport Beach P.O. Box 1768 Newport Beach, CA 92659 Dear Mr. Melum, We are currently in the process of securing advertising upon our parachute. In our pursuit of this venture we have experienced a concern, on the part of the potential sponsors, regarding the safety of our operation. It is in light of this concern that we are requesting from you a letter of validation regarding our safety record. As you know, Mike has been with parasail since its inception in Newport [1988], and I have been with it for the past 5 years. Regardless, parasail has never experienced any accidents of any kind and we fly people of all ages, cradle to grave. We believe our safety has a lot to do with the winch style boat which eliminates the dependance upon the passenger to perfom any duties. Also, the fact that we are owner operated plays a significant role in the manner in which the flights are executed. A letter from you verifying our safety record would be much appreciated, Tony. Thank you in advance and we wish you the very best this summer season. Take care. Ron Jen; Mike Pen r 700 E. EDGEWATER • BALBOA 9 CA • 92661 • 714 / 673-1693 CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY June 3, 1996 TO: Tony Mellum, Marine Dept. FROM: Robert H. Burnham, City Attorney RE: Fun Zone Boat Company Commercial Harbor Activities Permit Bruce Voss is trying to bring me into your discussions with Fun Zone Boat Company regarding an increase in a number of passengers they are authorized to carry pursuant to their Commercial Harbor Activities Permit. Voss is also asking for a modification to the permit that would authorize the sale of merchandise on the boats. I don't have any problem eliminating the restriction on the sale of merchandise and I don't have any recollection of the reason for our reduction in passengers. I'm reasonably certain that we did not reduce their passenger authorization without good reasons. I'm going to advise Mr. Voss that I have communicated my thoughts to you and encourage him to deal with you directly. ROBERT H. BURNHAM City Attorney RHB:de de\Wfunzon.mem April 22,1996 Balboa Para -Sailing 700 E. Edgewater Balboa, CA 92661 Dear Gentlemen: We have discussed the concerns raised in your letter of April 17,1996. At this time of year, because of very limited operations on the water, we see no safety issues. However, as we get into summer their may be a need to review the concerns that you raised. My suggestion would be, as we get into summer, if in fact problems develop, that you recontact us and we will re-evaluate the situation and make a determination at that point. All the operators within the harbor are operating under commercial harbor activities permits and there is the ability to place additional conditions on the permits, so we have some flexibility. If you have any questions or wish to discuss this further with me, please give me a call at 714-644-3044. Sincerely, Tony Melum Deputy Chief TM/ la P A R A - S A I L I N G Date: April 17, 1996 To: Newport Beach Marine Department From: Balboa Parasail Re: Exclusive Offshore Operation CC: Dear Tony; Parasailing has existed in Newport Beach for the past 9 [nine] years under 5 [five] different owners. It is because of this instability that the business has never become a substantial element within the harbor. The current owners, Ron Jensen and Mike Perrin are entering their fourth season and have survived through the rough stabilizing years. We have invested a great amount of time and money in marketing the business this year and are anticipating a huge draw from the 37 million visitors to Orange County in 1996. As such, we are looking to add two additional parasail boats to our operation in order to accommodate the growth. This fact raises some grave concerns for us concerning safety. The nature of parasailing requires wide open space to operate safely. At peak times we would have three boats making 7 [seven] trips per day, totaling 21 flights per day. This, combined with the normal boat and jet ski traffic during the summer calls for serious coordination between the parasail operators to ensure the absolute safety of those involved. It is because of this that we are requesting exclusive parasail operating rights between the areas of Corona del Mar and the Newport Pier and extending 0.5 mile off shore. Balboa Parasail maintains a perfect safety record and we believe this is because we are owner / operators. Our concern is that our growth in 1996 will attract other operations to come in and try to get a piece of the market and thus, compromise the safety of the sport with the proliferation of parasail boats in a concentrated area as has been the case in other resort areas. It was this very concern which led to such restrictions on parasailing on Catalina Island, providing Catalina Parasail with a 10 [ten] year exclusive. We appreciate your consideration of this important matter and look forward to working with you in whatever way we can. Good luck in the '96 season. Sinc ly, Cap ain Ron Jensen Co -Owner Balboa Parasail Mike Perrin Co -Owner Balbog P ra it 700 E. EDGEWATER • BALBOA • CA • 92661 • 714 / 673- 1693 v tyS LpCt 49 Sportfishing, Inc. 400 Main St. Balboa, CA 92661 (714) 6734434 DOUG FERRELL / JIM SHAFER / DON BROCKMAN - Owners February 27, 1997 CITY OF NEWPORT BEACH Deep Sea Attention: Tony Mellum Sportfishing Harbor Inspector P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mr. Mellum: Private Fishing Pursuant to our conversation on Monday, February 27, 1997, attached is the document Charters with the requested modification to Exhibit "A" of our "Commercial Harbor Activities Permit". We would appreciate your expedient response and approval of the changes. Yacht Charters Thank you in advance for your continued support. Sincerely, Whale Watch W� r Trips Jan. - Mar. Norri Tapp Manager All Boats cc: Doug Ferrell Inspected and Jim Shafer Certified by Don Brockman US. Coast Guard Bob Black - Balboa Pavilion Company Safety First Complete Tackle Shop Located in the Historic Balboa Pavilion Name of Vessel Thunderbird Western Pride Freelance Rising Star* REQUESTED MODIFICATIONS TO CURRENT EXHIBIT "A" (To Be Effective March 1, 1997) Passenger Capacity Approximate Hours (Including Crews I Of Operation 64 Excursions Full Day: l l p.m.- 8 p.m 48 Sportfishing 125 Excursions 104 Sportfishing 152 Excursions 94 Sportfishing 49 Excursions 49 Sportfishing "Six Pack" Sportfishing Boats Bongos 8 Bongos H 8 Allocated (Available) Parasail I 8 Parasail H 8 *Replacement for vessel California Dawn 1/2 Day: 6 a.m._- 6 p.m. 3/4 Day and Twilight 3 a.m. - 6 p.m. and 6:30 p.m. - 1:00 a.m. Charters Charters Charters Open Party or Charter Open Parry or Charter EXHIBIT "A" Name of Vessel Passenger Capacity (including crew)* THUNDERBIRD 83 ex 60 s.f. WESTERN PRIDE 125 ex 104 s.f. FREELANCE 154 ex 105 s.f. CALIFORNIA DAWN PARASAIL BOAT 1 PARASAIL BOAT 2 SIX PACK FISHING BOATS: BONGO 1 BONGO 2 * Sportfishinrl is s.f. Excursion is ex. DH kr\davfish.pmt 49 ex 49 s.f. 8 8 8 8 cm PRT Approximate Hours of Operation (full day) 11 p.m. - 8 p.m. (twilight) 5 p.m. - Midnight (half day) 5 a.m. - 5 p.m. (3/4 Day) 3 a.m. - 5 p.m. (twilight) 5 p.m. - Midnight CHARTER ONLY OPEN PARTY OR CHARTER OPEN PARTY OR CHARTER CHARTER ONLY CHARTER ONLY DGF FUN ZONE BOAT CO., INC. 600 EDGEWATER PLACE BALBOA, CA 92661 Mr. Tony Mellum Marine Department City of Newport Beach 70 Newport Beach Pier Newport Beach, CA RE: Passenger Count Dear Tony, 15 June 1995 -A4�- Cf z - 7 I appreciate your efforts in attempting to attend the christening of our vessel the M. S. Phoenix We sincerely hope you will be able to board the Phoenix very soon, as we are anxious to have you see what a prize she is! Pursuant to the conversation we had on the Phoenix, I want to again thank you for informing me that the }resent passenger count of 331 will be used by the Fun Zone Boat Co., Inc. We will maintain this passenger count If we were to exceed this passenger count, we, of course, will bus to our site the passengers. We, as you know, do not want to penalize the passengers who are local and are in our area. If this is not your understanding, please contact me immediately. Tony, we all want to thank you for your continued assistance and cooperation. Please come by and visit at your earliest convenience. Thanks again! Very truly yam, J. R. Handy President Fun Zone Boat Co., Inc. CITY OF NEWPORT BEACH Marine Department July 28, 1994 TO: MAYOR AND CITY COUNCIL FROM: Marine Department SUBJECT: HARBOR PERMIT APPLICATION COMPANY FOR A REVISION TO EAST BAY AVENUE Recommendation: 112-600 BY FUN ZONE BOAT THE DOCKS BAYWARD OF 600 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 Island ferry. The current design submitted by indicates that the 4 vessels will be tandem berthed of the other, and this manner of berthing requires a Fire Department to ascertain its conformance with th code. i' Tony Melum Deputy Director to the Balboa the applicant one in front review by the e uniform fire 7146--.:,_:J'4571 P.01 Pier s.f'ilin3 . i.)o cks. [)va(Is blain ex:ciUCF' V'oor-iii<,fk 4 L1_ J 1 27, 1039 4 Evelyn -Tart` Council Member City of Newport Beach 33003 Newport Boulevard Newport Beach, CA. 92663 Dear Evelyn: Following our meeting last week at the Fun Zone, we met once again with.Jan Defray at City Hall. Our discussions reached a compromise drawing pro.Posal to which she showed city staff members for a .fluke warm" favorable 'attitude, and then personally introduced us to Ken.Delino. We have decided to proceed with this compromise. We have revised our drawings once again, and now show this.s neer smaller size and location. i have provided the Marine Department an B .1.2" X .11, marina drawing (included), and the larger plot plan drawing (included), w.hich also shouts the independent building. We request your support for this pxoposal, andwish wish to meet with you once again to answer any questions you may. have. By Monday, August 1, 1994, we will have scaled renderings of the .outside of the buildii,gs and we have designed as much glass surrounding the room ars poss::ible and still allow the appropriate framing. Thank you for your time and consideration last week on this natter. We believe the project will benefit the public, (tours and charters.), local businesses and the owner -operator: Thank you again! Sincerely, Steve Barrett Encl. SHljb 177 Riverside Drive w. Newport Beach,. _CA 92663 (714) 673-163- CA 73!163UCA License, #.4$0302 . LOS ANGELES DISTRICT U.S. ARMY CORPS OF ENGINEERS LOP -FACSIMILE TRANSMITTAL US ARMY CORPS OF ENGINEERS LOS ANGELES DISTRICT--SPLCO-R P.O. BOX 2711 LOS ANGELES, CA 90053-2325 LOP NUMBER 94 -954 -BH DATE INITIATED: September 14, 1994 DISTRICT CONTACT: Name: Bruce Henderson Phone: (213) 894-0351 FAX: (213) 894-2151 Please review the LOP materials and provide substantive, site-specific comments to the District on or before September 29, 1994. If no comments are received by this date, the District Engineer assumes -compliance with 33 CFR Part 325.2(e)(1). APPLICANT NAME: Balboa Fun Zone, Rides Inc. AGENT NAME: Steve Barrett (Bay Marine Construction, Inc.) WATERWAY NAME: Newport Harbor LOCATION: 600 E. Bay on the Balboa Peninsula, on the bay side between Palm Street and Washington Street, in the City of Newport Beach, Orange County, California BRIEF DESCRIPTION OF PROPOSED WORK: Revise an existing marina to allow easier access by boats. Five finger piers and a portion of a sixth would be removed; a 100 -foot by 10 -foot pile -supported pier would be --constructed at the western end of the project area. There would be no dredging or fill associated with the project. AREA OF WATERS SUBJECT TO LOSS AS A RESULT OF PROPOSED WORK: The revision of the marina would result in minimal impacts to waters of the United States. The project would occur within the existing U.S. project lines, temporarily affecting up to 0.193 acres of waters of the United States. FAX number Attn: AGENCY: [X] California Department of Fish and Game 310-590-5193 D. Nitsos [X] U.S. Environmental Protection Agency 415-744-1078 J. Rosenbloom [X] U.S. Fish and Wildlife Service 619-431-9624 J. Fancher [X] National Marine Fisheries Service 310-514-6194 B. Hoffman [X] U.S. Coast Guard 310-980-4383 J. Martin [X] California Coastal Commission 310-590-5084 S. Rynas APPLICANT NAME: Balboa Fun Zone, Rides Inc. AGENT NAME: Steve Barrett (Bay Marine Construction, Inc.) WATERWAY NAME: Newport Harbor LOCATION: 600 E. Bay on the Balboa Peninsula, on the bay side between Palm Street and Washington Street, in the City of Newport Beach, Orange County, California BRIEF DESCRIPTION OF PROPOSED WORK: Revise an existing marina to allow easier access by boats. Five finger piers and a portion of a sixth would be removed; a 100 -foot by 10 -foot pile -supported pier would be --constructed at the western end of the project area. There would be no dredging or fill associated with the project. AREA OF WATERS SUBJECT TO LOSS AS A RESULT OF PROPOSED WORK: The revision of the marina would result in minimal impacts to waters of the United States. The project would occur within the existing U.S. project lines, temporarily affecting up to 0.193 acres of waters of the United States. CITY of NEWPORT( .EACH NO DREDGING PROFILE = 1;4ar I EX!S?SNS =O�I PEN RNG r I i I I�r �LLo� I TO L.B. v PIER NEVVp T QO° gITE NC p`� CSF PIE BAY �C O CES N O y IML .i" SCALE IN MILES O VICINITY MAP .NE.W.PORT HARBOR. CALIFORNIA N E W P O R T B A Y GXISTIWG Wc.i, WATER LINE I ------------- r------------ DOCK ---------- DOCK REVISION Dti 0n 25-0q --U.S._PROJEOTLINE � Z . O 1 2 3 4 5 6 = W i 19AYSID:E TRACT - DLOCK 87--- I ► —__ 0 to 20 30 &0 so 100 SrmALE: 1: 50 FTI APPLICANTS NAME;BAL:BOAFUN ZONIc,RIDES,INC , TRACT:[3AYSIDE BLOCK B•7 . L O T I -G JOB ADDRESS D^LD:AiC.AL-IFoRNA92GGI CONTRACTOR�`Y1''L4RINE: Cot M uCnCN Co. D A T E; G/3o/g4 ML g W mh`o x%=4myr . NO DREDGING PROFILE = 1;4ar I EX!S?SNS =O�I PEN RNG r I i I I�r �LLo� I TO L.B. v PIER NEVVp T QO° gITE NC p`� CSF PIE BAY �C O CES N O y IML .i" SCALE IN MILES O VICINITY MAP .NE.W.PORT HARBOR. CALIFORNIA N E W P O R T B A Y GXISTIWG Wc.i, WATER LINE I ------------- r------------ DOCK ---------- DOCK REVISION Dti 0n 25-0q --U.S._PROJEOTLINE � Z . O 1 2 3 4 5 6 = W i 19AYSID:E TRACT - DLOCK 87--- I ► —__ 0 to 20 30 &0 so 100 SrmALE: 1: 50 FTI APPLICANTS NAME;BAL:BOAFUN ZONIc,RIDES,INC , TRACT:[3AYSIDE BLOCK B•7 . L O T I -G JOB ADDRESS D^LD:AiC.AL-IFoRNA92GGI CONTRACTOR�`Y1''L4RINE: Cot M uCnCN Co. D A T E; G/3o/g4 ro 6eoch CIO Al A.Idt-potr lb '0 .0 Olt 7' Pd RX0,10, 0A All KE T C H !Wagr E�A AL IFOSXNIA a-Ap OU117 0',,- gs 0 cvp,�Ole ....... ...... Ore csiablf'Sh, W,- Y, P 01 —LET C., 7 prcEf'vF-n Fa 1 0 1993, CITY OF NEWPORT BEACH REVENUE DIVISION 3300 NEWPORT BLVD. P.O. BOX 1768, NEWPORT BEACH, CA 92659-1768 TIDELANDS— ANNUAL COMMERCIAL PIER PERMIT C CCCKORCV9 CflN1�M.CTA MGT 174Q E GA Y AVE ST E 11C SANTA AN1A A 927+25 11-7-- 7a5 PIER NEff-12—U7�15-1 RUN OAT1681'93 X16 1,5 ,ID 7 - LOCATION OF PIER: 705 EDGEWATER )v7—"r( - ;5/`i��-. 9,OOO Sid FT X .24 — DUE 0 2/0'1/93 s2,16L.00 •r•� '/-i V BALANCE DUE AS CF r3/'4'1/93: $12.16G.000 f&4;tA-- 0 - / 7 l� 2� DIRECT ALL INQUIRIES TO THE MARINE DEPT AT (714) 644-3044. PENALTIES WILL BE ASSESSED AT 25% OF FEE FOR EACH MONTH PAYMENT IS DELINIGUENT. UP TO AND INCLUDING 100%. IN ACCORDANCE kITH NEWPORT 8EA.CN eMUNICIPAL RESOLUTION #8753. PLEASE RETURN THIS TEAR—OFF 4ITH YOUR PAYPENT) ANNUAL PIER PERMIT C COCKPRCVFPCOMM.CTR MGT TOTAL AMOUNT OUE: DUE DATE: 03/01/93 PIER NiER: 0112-07135-1 Com mercial Center Management Commercial Property Management & ConsultingC2 GL Z April 7, 1992 To: ALL VENDORS RE: Doo & Sons, Inc. Balboa Fun Zone 600 Bay Avenue Newport Beach, CA 92661 Dear Vendor: On March 27, 1992, the California Superior Court app R. Cook as Receiver e Receiver to canebef f airs of this I provided to you Order Appointing .. 7 — '7 1 inted Clayton � perty. The on request. Until further notification by the Receiver, you instructed to send all current and future invoices /to CLAYTON R. COOK, RECEIVER ment C/o Commercial Centeranage110 1740 E. Garry Avenue, suite Santa Ana, CA 92705 hereby Unless you are otherwise notified, contracts with'Doo &orons, Inc. wwill remain in effect. Please be advised that gds nces royal by received before March 27, 1992, will be paid subject to app the Receiver. Commercial Center Management, Inc. will continue to be the offase feel management company. If you. have any further questions, free to contact us. Sin erely, Erin Willey Property Manager cc:.Robert G. Bessler C.R.C. & Associates 1740 E. Garry Ave., *110 * Santa Ana • CA 92705 * Tel: (714) 263-1161 • Fax: (714) 263-1864 Pp6,T CITY OF NEWPORT BEACH U = P.O. BOX 1 163, NEWPORT BEACH, CA 9659-1768 \P -9<I FO RN 7, 1990 Mr. Da?. G-ret.tenh;- :� r ilii Zone Boat 700 Edgec,ater alboa, '2! Dear lV1r. . liiE' iTa: ' ^�^u: at !:C I'� ei't_iV :^ev',e:aed t.^.t' mime_: J:�erat]4n at %OG idgewater. Activities occurrir u at the s;`t> and elsewhere in t`!e harbor clearly require the 'un Zone Tout C t0 r'.ipply and obtain a Commercial Activities Permit -as O. a �a v 11 iryC! . Ct I-"-- Newport : each Municipal_ Cede. Chanter 1.7 . "'_ . 020: No persop sl all enc.aae in, or conduct al. � commmercial activity on the waters of ,� Newp_,r t I Bead unless that Terson has b? =:led cY'T:i for such activity pursuant to the provisions of this Chapter. " Please f=11 out the Commercial_ Harbor Permit AYr 1 ication that �s attached to t`.,s letter and : einit srvtl?e tJ the Marine Department as s'.,-:, as possible, Also please -<< ci Copy G; Chapter 17.-I- C--Iinercial Activities :n the waters of Newport Harbor, -,.ih i ch was enacted in 1.984. Aside from obtain'ng the necessary permit you should be a.wCa.- 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 t.nat is to board or off- load at any lor_z.tion 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 meet i n.y . zinc, --rely. Vies Ar"Iian'�_ . Mar" ,):?pdr}ment 3300 Newport Boulevard, Newport Beach r 512 978768 RICEIPT FOM qa"RTIFIED MAIL NO 7NSVRAyOE COVERAGE PROVIDED NOT FORINTERNATIONAI. MAIL (See Reverse) o Sent to Fun Zone Boat Co � Street and No. o: 700 Ed ewater P:O:, Slate and ZIP Code C? Ba. ] bo �.. .Postage �-CA-92 S6 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered , ori Return Receipt showing to whom, r Date, and Address of Delivery d TOTAL Postage and Fees S o Postmark or Date E 0 LL C6 a. CITY OF NEWPORT BEACH July 20, 1988, P.O. BOX 1768, NEWPORT BEACH, CA 92658-89�1�5� 7" 97o�? ,od44�ft 9z� � Dear Harbor Permittee The City Council, on June 27, 1988, adopted Ordinance Number 88-18 entitled "Installation of Pumpout Stations by Cert -in Commercial Users of Newport Bay". A complete copy of this ordinance is attached for your information. The ordinance requires that all sailing clubs, Commercial Activity Permittees, and Harbor Permittees who allow the loading and unloading of passena,�rs for the charter industry to install a vessel pumpout station wi-hin 180 -�ay-s—of--the—effe=cti-ve--date of this ordinance. The Marine Deprtment will be happy to answer any questions you might have after you have had a chance to review the attached ordinance. Tony Melum, the Tidelands Administrator or I can be reached at 644-3044. Sincerely, y David Harshbarger -------- -- Marine Director 3300 Newport Boulevard, Newport Beach SPORTFI ERS AIAhINE INSUR N E SERVIG� 275 McCO I ICK AVE. COSTA MES CA;92626 (714) 546-6518 12/17/85 JOHN WESTREM 1006 E. BALBOA-BLVD. NEWPORT BEACH, CA 92661 DEAR JOHN: RE: FUN ZONE. BOAT CO. ENCLOSED YOU WILL FIND RENEWAL POLICY FOR THE ABOVE INSURED. PLEASE KEEP THIS POLICY AS PART OF YOUR RECORDS. SINCERELY, MICHELLE WAGNER �1 Renewal of: PV0510139 5502 MARINE INSURANCE SUBSCRIPTION CERTIFICATE DECLARATIONS CERTIFICATE: CKL 850247 1. INSURED - NAME FUN ZONE COMPANY MASTER POLICIES AND ADDRESS: DAL GRETTENBERG HOME : MHP 400863 700 Edgewater ROYAL: PM 209218 Balboa, CA 92661 2. TERM: From 11-14-85 To 11-14-86 12:01 AM standard time at insured's stated address 3. COVERAGE: On As per schedule CertifiedA.p.S.Passengers Such insurance as is afforded by this certificate shall be limited to those coverages, amounts of insurance or limits of liability as are specifically stated in the schedule below and for which a premium is indicated. SCHEDULE OF COVEAGES AMOUNT/LIMIT DEDUCTIBLE PREMIUM SEC. II HULL VALUED AT/ $ As per schedule $ As per schedule $ 2,842. INSURED FOR SEC. III PERSONAL EFFECTS $ $1,000 NONE INCLUDED SEC. IV PRIMARY PROTECTION & INDEMNITY $ As per schedule $ As per schedule $ 14 727. Agreement A4 Only SEC. V MEDICAL PAYMENTS $ $2,500 NONE INCLUDED SEC. VI EXCESS PROTECTION $ As per schedule NONE $ 1,084. & INDEMNITY IN EXCESS OF LIMIT OF PRIMARY INSURANCE STATED IN SEC. IV 4. LOSS PAYEE ON HULL: TO INSURED OR ORDER PREMIUM TOTAL $ 18,653. 5. ENDORSEMENTS APPLICABLE 782-30: ADDITIONAL INSURED (SEE END. 1) 782-37: HULL -FIRE ONLY END. 2: NAVIGATION C_1r-7?L iiiw CRUMP INDLER & LAUCCI INSURANCE BROKERS cY» a n» c«,00re, SAN FR IS O. CALIFORNIA I I I By el nd C. Shay 35-1-A 12-5-85 W a pq - H E-+ U A W NCO N O r� N 00 O) N N M 00 m,d* 01 l" l-� e . NO -�t Ln O1 O 00\.0 N w 00 N T-4 LO r-1 M M M w w w b4 N A w C) O M 00 t -i O 00 \O W E- H ooz a 1-+ ooz N ooz ooz O O O O O O O O O O O O N A w O O O O O O O O O O O O a Oo0 O 000 W E- H a 1-+ N H N A w O O O O O O O O O O O O a Oo0 O 000 000 000 E. O O w w w o 0 0 w w w O O O w w w O O O co z N 0 0 0 0 0 00 0 0 w w w N O O _ I- et Ln MON - OA ANO Ln M W W W W v] 4-3 W A A A U w w .. .. O E+ n7 u7 ca ca 0r ca aT wr P4 o w a as as 9w 9w O a U y N N y c W w O O � Cd 10 w A i0i CO W W W W - n H N Co N 000 x U O t1 ca U .r{ w W W W W 4-3 A A A A n N Co N 000 x U O t1 ca U .r{ w •� u 4-3 N U w O E+ ca P4 O a c .a w •r. Cd 10 w A i0i CO O G. b U O N P4 U z 000 H i 4J `� ca d w O v U JJ U M v rn b 4.1 N N CJ 0L0 cn A ca ri CO 44 44 is H H w [s7 ADDITIONAL INSURED It is agreed that such insurance as is afforded by Section IV, Protection and Indemnity, of this certificate shall also apply to: 1) John Westrem 2) Western Canners Co., Inc. 3) City of Newport Beach 1006 E. Balboa Blvd. DBA: Cannery Cruises 3300 Newport Blvd. Newport Beach, CA 92661 and Catering Newport Beach, CA 92663 3011 Newport Blvd. Newport Beach, CA 92660 as an additional insured, but only with respect to such operations as are conducted by the named insured in connection with the insured vessel provided that: A. such insurance is to be primary and not contributing with any other insurance maintained by such additional insured; B. in the event that the naming of such additional insured is required by a written contract between the named insured and such additional insured and should such written contract require terms of coverage or limits of liability less than such as are afforded by this policy, then such reduced terms or limits shall be applicable with respect to such named additional insured; C. other than as stated herein, the naming of such additional insured shall not act to.extend the terms of this certificate; D. the naming of more than one insured in this certificate shall not act to increase the liability of the company. Nothing herein contained shall be held to vary, alter, waive, or extend any of the terms of this certificate other than as above stated. Attached to and forming part of Certificate No. CKL850247 Issued to: FUN ZONE COMPANY, ETAL Effective: 11-14-85 ENDORSEMENT NO: 1 C CRU /KINDLER & LAUCCI INSURANCE BROKERS Che or C Carpa'w SAN F ANc SCO. CALIFORNIA 94111 A A and C. Shay It is agreed that navigation shall be confined to the waters of Newport Beach Harbor not to exceed five (5) miles offshore. In no event shall the vessel be navigated beyond the limits permitted by the United States Coast Guard. Any violation of this agreement shall render this certificate void during the period of violation. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms of this certificate other than as above stated. Attached to and forming part of Certificate No. CKL850247 Issued to: FUN ZONE COMPANY, ETAL Effective: 11-14-85 ENDORSEMENT NO: 2 c V, v!; . " NKINDLER & LAUCCI INSURANCE BROKERS -71 �� � !} ^ �� \_ }� �� �� \} } \�| } c \ ] P ; -71 �� ({ !} �! }� �� -71 CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From:�.���� �¢,In person Address ,4/c Teleco TO: i IM.S. DIRECTOR ASST.DIRECTOR Z ^'-1 Div. /rte SUBJECT: File: —Date: _. Outline of Information received given C_-1 / ZC) Z) s _1, 5� 7ZI— f C) Action Required Person Responsible Date Due: i CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: In person Address: Telecon TO: Div. M.S. DIRECTOR 1 I ASST.DIRECTOR T SUBJECT: File: Outline of Information received (-_.Yen =3 00-- — `.DATE '-_-- TIME Dave Fo WHILE YOU WERE OUT Dan Gil land OF- Date: Date Due: CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION Frank S. Smith From: In person 2525 Ocean Blvd., Channel Reef Address: Telecon 675-6675 TO: A. Kunze Marine Div. 1 IM.S. DIRECTOR ASST.DIRECTOR T'1 SUBJECT: "TI KI" File: t —Date: 7-28-80 Outline of Information received given C-1 Excessive noise - music too loud..... Sunday nite (7-27) only about ll:00PM, but other nites till 12:00. Would like some satisfaction as to curbing activity. Action Required Person Responsible Date Due: CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION From: ,L% In person Address: Telecon TO: Div.. 1 IM.S. DIRECTOR I ASST.DIRECTOR �� SUBJECT: FileZr 7� : S Date: Outline of Information received = given CX -7 11 A Gni Action Required Person Responsible Date Due: CITY OF NEWPORT BEACH MARINE SAFETY DEPARTMENT RECORD OF ORAL INFORMATION '1 From: In person Address: ��i'� Telecon . I IM.S. DIRECTOR 1 I I ASST.DIRECTOR Div. SUBJECT: File: pate: Outline of Information received " - given- -K 400w [_-1 di r. /".00" / Action Required Person Responsible Date Due: r., F' i SUBSCRIPTION SCHEDULE Subject to the terms and conditions of this certificate, the companies, subscribers to this schedule, severally but not jointly, each for itself only and not one for the other, do agree to insure the insured named in the declarations of this Certificate, for the coverages and the proportion of G. the amount or limit of such coverages set opposite their respective names. COVERAGE PROPORTION COMPANY PREMIUM AS PER OF AMOUNT DECLARATIONS OR LIMIT SEC. II HULL 100% HOME INSURANCE COMPANY $ 2,842. j SEC. II HULL NONE ROYAL INS. CO. OF AMERICA $ NIL ,I i SEC. III PERSONAL 100% HOME INSURANCE COMPANY INCLUDED EFFECTS I SEC. IV PRIMARY 100% HOME INSURANCE COMPANY $ 14,727. PROTECTION & INDEMNITY SEC. V MEDICAL 100% HOME INSURANCE COMPANY INCLUDED PAYMENTS SEC. VI EXCESS 100% ROYAL INS. CO. OF AMERICA $ 1,084. PROTECTION & INDEMNITY c35 -1 -A -2- I I NOTE: This is a marine insurance certificate and to the extent permitted by law shall be interpreted and construed according to generally accepted marine insurance principles and usages. Further, such insurance as is afforded by this certificate shah be limited to those coverages specific- ally provided for herein. This is to certify that CRUMP/KINDLER & LAUCCI INSURANCE BROKERS, SAN FRANCISCO, CALIFORNIA has procured insurance, as specified in the declarations of this certifi- cate, from HOME INSURANCE COMPANY, AND ROYAL INSURANCE COMPANY OF AMERICA SAN FRANCISCO, CALIFORNIA, SAN FRANCISCO, CALIFORNIA Master Policy Master Policy MHP400863 PM 209218 each a stock insurance company, each herein referred to as "the company". In accordance with the authorization of each company who does bind itself: A. severally but not jointly, each for its own account and not one for the other, to the extent stated in the Subscription Schedule of this certificate; B. as the insurer with respect to such insurance as is afforded by this certificate; ;which certificate, subject to its terms, conditions, warranties, exclusions, amounts of insurance, limits of liability and subscription schedule, as stated, shall apply specifically to the insured named in the declarations, herein referred to as the insured. 1. This certificate is issued by Crump/Kindler & Laucci Insurance Brokers, as authorized by the company, under its master policy. 2. It is agreed by the insured, by accepting this certificate, that Crump/Kindler & Laucci Insurance Brokers, San Francisco, Califor- nia, is not an insurer with respect to such insurance as is af- forded by this certificate and neither is or shall be, in any way or to any extent, liable for any loss or claim of any description. 35-1 -3- 3. The fact that this certificate is issued under a master policy shall not: a. with respect to the insured named in this certificate: (1) restrict such insurance as is afforded by this certif icate; (2) impair or waive any rights that the insured may have against any other insured named in any other certificate issued under said master policy. b. with respect to the company: (1) increase the liability of the company as specified in this certificate. 4. The terms of this certificate shall not be amended or waived, nor shall any privilege or permission be claimed, unless such amendment, waiver, privilege or permission is specifically endorsed, in writing, on this certificate. 5. This certificate, having been authorized by the company, shall not be valid unless countersigned on the declaration page by Crump/Kindler & Laucci Insurance Brokers. SECTION I A. Such insurance as is afforded by this certificate shall apply to the vessel described in the declarations of this certificate, herein called the vessel. B. If more than one vessel is named, all clauses shall apply as though a separate certificate had been issued for each vessel. 35-1 -4- Section I C. PRIVILEGES The vessel is covered while afloat or ashore in all situations, sub- ject, however, to all warranties and other terms of this certificate. D. EXTENSION BEYOND EXPIRATION Should the vessel at the expiration of this certificate be at sea, or in distress, or at a port of refuge or of call, she shall, provided notice be given to the company before the occurrence of any loss, be held covered at a prorata monthly premium to her port of destination. E. USE OF VESSEL WARRANTIES 1. It is warranted that the vessel shall be employed for carrying fare paying passengers, with incidental use for: a. carrying other passengers; b. private pleasure. 2. When the vessel is operated to carry fare paying passengers it is warranted: a. that said vessel will be in the charge of a licensed master at all times; b. that the insured will comply with all applicable regulations of the United States Coast Guard, including, but without limitation thereto, those relating to inspection, drills, manning, equipment, safety and passengers; C. that the vessel shall not carry passengers in excess of the number of passengers for which the vessel is certified by the United States Coast Guard. 3. No insurance is afforded by this certificate for any loss, damage or expense caused in whole or in part by violation of any of the above warranties or of any applicable regulation of the United States Coast Guard, and the effect thereof shall be to render this certificate void during the term of such violation. 4. The provision herein of express warranties shall in no way pre- clude or limit application of those warranties implied by law. 35-1 -5- Section I SECTION II HULL AND MACHINERY With respect to the vessel this Section II insures: 1. HULL AND MACHINERY A. Hull, including equipment consisting principally of, but not limited to, machinery, electrical equipment, furniture, passenger fittings, and stores, but not including fishing gear or fishing tackle; B. any equipment not owned by the insured installed on board the vessel and for which the insured has assumed responsibility; valued at and insured for the amount stated in the declarations. C. Should any part of the equipment of the vessel, including machin- ery spare parts, be separated and laid up on shore during the life of this certificate, then this Section II shall cover the same to an amount not exceeding twenty percent (20%) of the total amount insured on the hull. The amount attaching on the vessel shall be decreased by the amount so covered. 2. PERILS A. Touching the adventures and perils which the company is content to bear and take upon themselves, they are of the seas, fire, light- ning, explosions, earthquake, assailing thieves, jettisons, barra- try of the master and the mariners and all other like perils that shall come to hurt, detriment or damage of the vessel. 3. ADDITIONAL PERILS (INCHMAREE) A. This insurance also covers loss of or damage to the vessel direct- ly caused by: (1) accidents in taking on fuel, in going on or off or while on drydocks, graving docks, ways, gridirons or pontoons; (2) breakdown of motor generators or other electrical machinery and electrical connections thereto, bursting of boilers, breakage of shafts or any latent defect in the machinery or hull, excluding the cost and expense of replacing or repair- ing the defective part; 35-1- -6- Section II (3) breakdown or accidents to nuclear installations not on board the vessel; (4) negligence of repairers, provided such repairers are not insured hereunder; (5) negligence of masters, officers, crew, charterers, or pilots; (6) contact with aircraft, rockets or similar missiles, including articles falling therefrom, or with any land conveyance; provided such loss or damage has not resulted from want of due diligence by the insured, the owners, bareboat charterers or mana- gers of the vessel, or any of them. Masters, officers, crew or pilots are not to be considered owners within the meaning of this clause should they hold shares in the vessel. 4. DELIBERATE DAMAGE (POLLUTION HAZARD) Subject to the conditions of this certificate, this insurance also covers loss of or damage to the vessel directly caused by govern- mental authorities acting for the public welfare to prevent or mitigate a pollution hazard, or threat thereof, resulting directly from damage to the vessel for which the company is liable under this certificate, provided such act of governmental authorities has not resulted from want of due diligence by the insured, the owners or managers of the vessel or any of them to prevent or mitigate such hazard or threat. Masters, officers, crew or pilots are not to be considered owners within the meaning of this clause should they hold shares in the vessel.' 5. S.R. & C. C. ENDORSEMENT A. The terms of this endorsement shall specifically supersede the conditions of the War, Strike, and Related Exclusions clause of this certificate, but only to the extent the terms of this endorsement are inconsistant with the conditions of such clause. B. This insurance also covers: 35-1 -7- Section II (1) loss, damage and expense to the vessel directly caused by strikers, locked -out workmen, persons taking part in political or labor disturbances or riots or civil commo- tions; (2) destruction of, or damage to the property insured di- rectly caused by vandalism, sabotage or malicious acts, which shall be deemed also to encompass the act or acts of one or mire persons, whether or not agents of a sov- ereign power, carried out for political, terroristic or ideological purposes and whether any loss, damage or ex- pense resulting therefrom is accidental or intentional. 6. LOSS PAYEE Loss, if any, is payable to the insured or order as stated on the declarations page; provided however, the company may make direct - payment to persons providing security for the release of the vessel in salvage cases. 7. GENERAL AVERAGE General average, salvage and special charges payable in accordance with the laws and usages of the port of San Francisco, Califor- nia. 8. SUE AND LABOR A. In case of any loss or misfortune, it shall be lawful and' necessary for the insured, their factors, servants and assigns, to sue, labor and travel for, in and about the de= 'fense, safeguard and recovery of the vessel, or any `part thereof, without prejudice to this insurance, to the charges whereof the company will contribute as -hereinafter provided. It is specifically agreed that no acts of the insured or the company in recovering, saving and preserving the property in- sured shall be considered a waiver or acceptance of abandon - or as affirming or denying any liability under this certificate, but such acts shall 'be considered as' done for ` the benefit of all concerned and without prejudice to the rights of either party. 35-1 -8- Section II 9 B. In the event of expenditure under the Sue and Labor clause, the company will pay the proportion of such expenses that the amount insured hereunder bears to the agreed valuation of the vessel named herein, or that the amount insured hereunder, less loss payable under this certificate, bears to the actual value of the salvedvessel, whichever proportion shall be less; provided that their liability for such expenses shall not exceed their proportionate. part of the agreed value. C. If. claim for total loss is admitted under this certificate and sue and labor expenses have been reasonably incurred in excess of any proceeds realized or value recovered, the amount payable under this certificate will be the proportion of such excess that the amount insured hereunder, without deduction for loss or damage, bears to the valuation or the sound value of the vessel named herein at the time of the occurrence, whichever value was greater; provided that company's liability for such expenses shall not exceed their proportionate part of the agreed value. The foregoing shall also apply to expenses reasonably incurred in salving or attempting to salve the vessel and other property to the extent that such expense shall be regarded as having been incurred in respect of the vessel. TOTAL. LOSS A. In ascertaining whether the vessel is a constructive total loss the agreed valuation shall be taken as the repaired value, and nothing in respect of the damaged or break-up value of the vessel or wreck shall be taken into account. B. C. There shall be no recovery for a constructive total loss hereunder unless the expense of recovering and repairing the vessel shall exceed the amount at which the vessel is valued. In making.this determination, only expenses incurred or to be incurred by reason of a single accident or a sequence of dam- age arising from the same accident shall be taken into ac- count but expenses incurred prior to tender of abandonm=_nt shall not be considered if such are to be claimed separately under the. Sue and Labor clause. In the event of total or constructive be made by the company for freight, donment has been given or not. total loss, no claim to whether notice of aban- 35-1 -9- Section II D. It is a condition of this certificate that the company shall not be liable for unrepaired damage in addition to a subsequent total or con- structive total loss, sustained during the period covered by this certificate. 10. DEDUCTIBLE A. The sum stated in the declarations as the deductible applicable to this Section II shall be deducted from the total amount of all claims and expenses arising out of each separate occurrence. B. Such.deductible shall not apply to claims for: (1) loss of or damage to machinery spare parts ashore; (2) loss; ,of. or damage to navigating, electrical, operating or com- munications equipment, a part of the vessel's regular equip- ment,.from within a fully enclosed and locked compartment of the vessel-, caused by assailing thieves; (3) total or constructive total loss. C. For the purpose of this clause, each occurrence shall be treated separately, but a. series of .claims arising from the same occurrence shall be treated as due to that occurrence. 11. CLAIMS (GENERAL PROVISIONS) A. In the event of any accident or occurrence which could give rise to a claim under this insurance, prompt notice thereof shall be given to the company,. and: (1) where. .practicable, the company shall be advised prior to survey., so that they may . appoint their own surveyor if they so desire;,. knowledge of the master of an accident or occurrence shall be the equivalent of knowledge of the insured of such accident or occurrence; (2) the :company shall be entitled to decide where the vessel shall proceed for docking and repair, allowance to be made to the insured. .for the actual additional expense of the voyage arising from compliance with the company's requirements; (3) the company shall have the right of veto in connection with any repair firm proposed and may require the insured to take other tenders for the repair of such damage. 35-1 - -10- Section II B. With respect to physical loss or damage to the vessel, the company shall be liable only for such proportion of such loss or damage as the amount insured hereunder bears to the amount at which the vessel is valued. C. General and particular average shall be payable without deduction, new for old, except that: (1) in respect to any damaged plywood, metal, plastic, fiberglass or cement portions of the vessel, the company shall not be liable for more than: (a) the cost of making repairs in accordance with the customary and generally accepted repair practices; (b) an amount not exceeding the cost of making repairs in accordance with any specific and recommended repair specifications of the manufacturers of the insured vessel; whichever is the least amount. This principle shall also govern in determining whether or not the insured vessel is a constructive total loss. (2) claims for loss or damage to all fabrics including sails, not otherwise excluded under this certificate, shall be adjusted on the basis of the depreciated cash value at the time of the loss or damage. (3) in the event of loss or damage to equipment or apparatus not owned by the insured but installed for use on board the vessel and for which the insured has assumed responsibility, claims shall not exceed: (a) the amount the company would pay if the insured were owner of such equipment or apparatus; (b) the contractual responsibility assumed by the insured to the owners or lessors thereof; whichever shall be less. 35-1 -11- Section II D. No claim for unrepaired damages shall be allowed, except to the ex- tent that the aggregate damage caused by perils insured against during the period of this policy shall be demonstrated by the insured to have diminished the actual market value of the vessel on that date if undamaged by such perils. 12. SEAWORTHINESS The company shall not be liable for any loss, damage or expense arising out of the failure of the insured to exercise due diligence to maintain the vessel in seaworthy condition after the attachment of this insur- ance; the foregoing, however, not to be deemed a waiver of the warranty of seaworthiness implied at law. 35-1 -12- Section II SECTION III PERSONAL EFFECTS It is agreed that: A. With respect to fishing gear, fishing tackle and personal effects, con- sisting, principally, of wearing apparel, sports equipment and other personal property, of the insured, passengers and crew, this Section III shall afford insurance on such personal effects: (1) against all risks of direct and accidental loss or damage to such personal effects; (2) while such property is aboard the vessel, but only while the vessel is afloat, or while being loaded on or unloaded from the vessel. B. S.R. & C.C. ENDORSEMENT (1) The terms of this endorsement shall specifically supersede the conditions of the War, Strike and Related Exclusions clause of this certificate, but only. to the extent the terms of this endorsement are inconsistant with the conditions of such clause. (2) This insurance also covers: (a) loss, damage and expense to such property directly caused by strikers, locked -out workmen, persons taking part in political or labor disturbances or riots or civil commotions; (b) destruction of, or damage to the property insured directly caused by vandalism, sabotage or malicious acts, which shall be deemed also to encompass the act or acts of one or more persons, whether or not agents of a sovereign power, carried out for political, terroristic or ideological purposes and whether any loss, damage or expense resulting therefrom is accidental or intentional. 35-1 -13- Section III C. Such insurance shall not cover: (1) money, travelers checks, securities, valuable papers or other docu- ments; (2) loss or damage caused by wear and tear, deterioration, latent de- fect, inherent vice, rust, mold, wet or dry rot, dampness or dry- ness of atmosphere. D. The company's limit of liability shall not exceed: (1) the actual cash value of such personal effects at the time of loss, but not exceeding the cost to repair or replace such property with material of like kind and quality; or (2) with respect to any one accident: (a) the sum of one hundred dollars ($100) on jewelry, watches and furs; (b) subject to said limit above, the sum stated in the Declarations as the amount or limit applicable to this Section III on all property; whichever is less. E. For the purpose of this insurance, each accident shall be treated sepa- rately, but it is agreed that a sequence of damages arising from the same accident shall be treated as one loss. 35-1 _ -14- Section III SECTION IV PROTECTION AND INDEMNITY A. INSURING AGREEMENT Subject to all exclusions and other terms of this certificate, the company agrees to indemnify the insured for any sums which the insured, as owner of the vessel, shall have become liable to pay, and shall have paid, in res- pect of any casualty or occurrence during the currency of this certificate, but only in consequence of any of the matters set forth hereunder: 1. loss of life of, bodily injury to, or illness of, any person; 2. hospital, medical, or other expenses necessarily and reasonably in- curred in respect of loss of life of, bodily injury to, or illness of, any person; 3. personal injury sustained by any person or organization arising out of one or more of the following offenses committed in the conduct of the insured's business as operator of the vessel: (a) false arrest, detention or imprisonment, or malicious prosecu- tion; (b) the publication or utterance of a libel or slander or of other defamatory or disparaging material, or a publication or utterance in violation of an individual's right of privacy; except publica- tions or utterances in the course of or related to advertising, broadcasting, or telecasting activities conducted by or on behalf of the named insured; (c) wrongful entry or eviction, or other invasion of the right of private occupancy; 4. damage to any fixed or movable object or property, however caused; 5. cost or expense of, or incidental to, any attempted or actual removal or disposal of obstructions, wrecks or their cargoes under statutory power or otherwise pursuant to law; provided, however, that there shall be deducted from such claim for cost or expenses, the value of any salvage from the wreck inuring to the benefit of the insured or any subrogee thereof; 6. costs incurred with the written consent of the company, or reasonably incurred prior to receipt of advices from the company, for investiga- tion and defense of claims, valid or not, within the scope of this certificate. 35-1 -15- Section IV B. COVERAGE EXTENSIONS Such insurance as is afforded by Section IV of this policy shall also apply: 1. to wharf and waterfront premises, owned, leased, rented or occupied by the insured, which are used specifically in connection with the operation of the vessel, including such contractual liability as may be incurred under a written lease agreement; 2. to passengers while off the vessel, excluding passengers engaged in swimming, snorkeling, or diving, provided that such passengers are off the vessel during the course of its voyage, under the supervi- sion of the vessel's master; 3. provided that Exclusion G 11 is modified by endorsement, and sub- ject to the terms of such endorsement, to passengers while off the vessel engaged in swimming, snorkeling or diving; 4. to costs for which the insured shall become liable, incurred with the consent of the company, to remove or arrange to remove oil or petroleum products from the waters in which the vessel shall oper- ate, arising directly in consequence of the sudden and accidental discharge, spillage or leakage of such oil or petroleum products from the vessel. C. S.R. & C.C. ENDORSEMENT 1. The terms of this endorsement shall specifically supersede the conditions of the War, Strike and related Exclusions clause of this policy, but only to the extent that the terms of this endorsement are inconsistent with the conditions of such clause. 2. This insurance shall also include liability of the insured arising out of strikes, lockouts, political or labor disturbances, riots, civil commotions, malicious acts, vandalism or sabotage. c75-2 - -16- Section IV D. PILOTAGE AND TOWAGE 1. This Section IV shall not be prejudiced by reason of any contract limiting in whole or in part the liability of pilots, tugs, towboats, or their owners when the insured or the agent of' the insured accepts such contract in accordance with established local practice. 2. Where in accordance with such practice, pilotage or towage services are provided under contracts requiring the insured or the agent of the insured: (1) to assume liability for damage resulting from collision of the vessel incurred with any other ship or vessel, including the towing vessel; (2) to indemnify those providing the pilotage or towage services against loss or .liability for any such damage; it is agreed that amounts paid by the insured, pursuant to such assumed obligations, shall be deemed payments for which the insured shall have become liable to pay to the extent that such payments would have been covered if the vessel had been legally responsible in the absence of any agreement. Provided, always, that in no event shall the aggregate amount of liability of the company under this Section IV, including this clause, be greater than the amount of any statutory limitation of liability to which owners are entitled or would be entitled if liability under any conractual obligation referred to in this clause were included among the liabilities subject to such statutory limitations. E. DEDUCTIBLE - PROPERTY DAMAGE ONLY 1. The sum stated in the declarations as the deductible applicable to this Section IV shall be deducted from the total amount of all claims and expenses arising out of each separate occurrence. 2. Such deductible shall only apply to claims and expense as a consequence of matters stated in insuring agreement A.4. 3. For the purpose of this clause, each occurrence shall be ' treated separately, but a series of claims arising from the same occurrence shall be treated as due to that occurrence. 35-1 -17- Section IV F. PERSONS INSURED 1. Each of the following is an insured under this Section IV - Protection & Indemnity to the extent set forth below: (a) if the insured named in the declarations is an individual, the person so named and the spouse and employees of such named in- sured; (b) if the insured named in the declarations is a partnership or joint venture, the partnership or joint venture so named and any partner, member or employee thereof, but only with respect to his liability as such; (c) if the insured named in the declarations is other than an in- dividual, partnership or joint venture, the organization so named and any executive officer, director, stockholder or em- ployee thereof while acting within the scope of his duties as such. 2. The inclusion of any employee of the named insured as an insured under this insurance shall not act to waive, impair or prejudice any rights such employee may have as a member of the crew of the vessel. 3. This insurance does not apply to any liability arising out of the conduct of any partnership or joint venture of which the insured is a partner, member or employee and which is not designated in this certificate as a named insured. G. EXCLUSIONS Notwithstanding anything to the contrary elsewhere herein the com- pany will not indemnify the insured in respect of any of the following matters: 1. any fine or penalty arising out of the actual or potential discharge, spillage or leakage of oil, petroleum products, chemicals or other substances of any kind or description; 35-1 -18- Section IV 2. any liability imposed on the insured as punitive or exemplary damages, however described; 3. engagement in unlawful trade or performance of an unlawful act with knowledge of the insured; 4. loss of, or damage sustained by the vessel, her machinery, furniture, fittings, equipment, stores or cargo; 5. loss resulting from cancellation or breach of contract, bad debts, fraud, dishonesty or insolvency of the insured, its agents or others; 6. salvage charges, special charges, general average, freight, detention, demurrage or loss of use, of the vessel; 7. any liability for, or any loss, damage, or expense arising from or accruing by reason of the towage of any other vessel or craft other than emergency towage of a vessel or craft in distress at sea to a port or place of safety, except, that this exclusion shall not apply to claims for loss of life, or bodily injury to, or illness of, any person; emergency towage is deemed to be towage undertaken as a salvage service while the vessel is on a voyage wholly unrelated to performance of such service; 8. any claim arising directly or indirectly under the Longshoremen's and Harbor Workers' Compensation Act or any Workers' Compensation Act of any state or nation; 9. except as provided in: (a) Section IV, clause D, Pilotage and Towage; (b) Section IV, clause B. Coverage Extensions; (c) any endorsement extending this certificate to include assumed liability; any liability assumed by the insured beyond that imposed by law in the absence of contract; provided however, that if by agreement, or otherwise, the insured's legal liability is lessened, then the underwriters shall receive the benefit of such lessened liability; 10. any liability for, or any loss, damage, injury or expense resulting from nuclear radiation, fission or fusion, whether such loss, damage, injury or expense has been caused directly or indirectly or has arisen from any matter for which the insured has responsibility or otherwise, and whether the nuclear event be controlled or uncontrolled; 35-1 -19- Section IV 11. except as to any member of the crew of the vessel, any liability of the insured for loss of life of, or bodily injury to, any person engaged in: (a) swimming and snorkeling, without the use of scuba diving equipment; (b) swimming and diving, including the use of scuba diving equip- ment; while such person is off the vessel. H. LIMIT OF LIABILITY Liability hereunder in respect of the combined amount of all loss, dam- age, costs, expenses and claims arising out of or in consequence of any one occurrence covered by this Section IV is limited to the amount here- by insured. For the purpose of this clause, each occurrence shall be treated separately, but a series of claims hereunder arising from the same occurrence shall be treated as due to that occurrence. The naming of more than one insured in this certificate shall not act to increase the liability of the company. I. NOTICE OF LOSS Warranted that in the event of .any occurrence which could result in a claim under Section IV, the insured must promptly notify the company upon receiving notice thereof and forward to the company as soon as practicable all communications, processes, pleadings, other legal papers or documents relating to such occurrence. Knowledge of the master of an occurrence shall be the equivalent of knowledge of the insured of such occurrence. J. DUTIES OF INSURED 1. Whenever required by the company, the insured shall aid in securing information and evidence and in obtaining witnesses and shall cooperate with the company in the investigation and defense of any claim or suit or in the appeal from any judgment. -20- Section IV 2. The insured shall not make any admission of liability, either be- fore or after any occurrence which could result in a claim for which the company may be liable. The insured shall not interfere in any negotiations of the company for settlement of any legal pro- ceedings in respect of any occurrence for which the company may be liable under this Section IV; provided, however, that in respect of any occurrence likely to give rise to a claim under this Section IV, the insured is obligated to and shall take such steps to pro- tect his and the company interests as would reasonably be taken in the absence of this or similar insurance. 35-1 -21- Section IV SECTION V MEDICAL PAYMENTS 1. The company agrees to pay to or for each person, except as hereinafter excluded, who sustains bodily injury caused by accident while in or upon, boarding, or alighting from the vessel and such premises and other places as may be included under this certificate, the reasonable expense of necessary medical, surgical, ambulance, hospital and professional nursing services, and in event of death resulting from such injury, funeral expense; all incurred within one (1) year from the date of accident. 2. S.R. & C.C. ENDORSEMENT A. The terms of this endorsement shall specifically supersede the con- ditions of the War, Strike and Related Exclusions clause of this certificate, but only to the extent that the terms of this endorsement are inconsistent with the conditions of such clause. B. This insurance shall also apply to bodily injury arising out of strikes, lockouts, political or labor disturbances, riots, civil commotions, malicious acts, vandalism or sabotage. 3. LIMIT OF LIABILITY Notwithstanding the foregoing, the company shall not be liable hereunder for: A. funeral expense incurred in excess of five hundred dollars ($500.); B. any expense or combined expenses, including such funeral expenses incurred in excess of two thousand five hundred dollars ($2,500.); as a result of any one accident or series of accidents arising out of the same occurrence. 4. EXCLUSIONS This coverage shall not apply to: A. any person, who in being in or upon, or in boarding or leaving the vessel, such premises and other places, is a trespasser; 35-1 -22- Section V B. any person to or for whom benefits are payable under any Workers' Compensation or Longshoremen's and Harbor Worker's Compensation Laws; C. any employee of the insured while engaged in the employment of the insured or while engaged in the operation, maintenance or repair of the vessel; D. an insured or registered owner of the vessel; E. liability assumed by the insured under any contract or agreement. 5. MEDICAL AND OTHER REPORTS A. As soon as practicable, the injured person or someone on his behalf shall give the company written proof of claim, under oath if required and shall, after each request from the company, execute authorization to enable the company to obtain medical reports and copies of records. B. The injured person shall submit to physical examination by physicians selected by the company when and as often as the company may reasonably require. C. The company may pay the injured person or any persons or organizations rendering the services and such .payment shall reduce the amount payable hereunder for such injury. Payment hereunder shall not constitute admission of liability of the insured or, except with respect to this Section V, of the company. 6. ACTION AGAINST COMPANY No action shall lie against the company unless, thereto, there shall have been full compliance this insurance and until sixty (60) days after claim have been filed with the company. as a condition precedent with all the terms of the required proofs of 35-1 -23- Section V SECTION VI EXCESS PROTECTION AND INDEMNITY A. COVERAGE This insurance shall indemnify the insured for all sums which the shall insured be obligated to pay and shall have paid by reason of the liabil- i ty: 1. imposed upon the insured by law; 2. assumed by the insured under written contract or agreement; for damages, direct or consequential and for costs and expenses, on account of the matters described in the insuring agreements of Section IV of this certificate, caused by or arising out of each occurrence. B. FOLLOWING PRIMARY INSURANCE Except as may be inconsistent with the terms of this Section VI, the coverage afforded by this Section VI shall follow the insuring agree- ments, exclusions and conditions of the primary insurance described in Section IV of this certificate. The company shall be notified as soon as practicable of any change of coverage in such primary insurance. C. LIMIT OF LIABILITY 1. The company shall only be liable for the ultimate net loss in excess of the limits of primary insurance, Section IV, stated in the declarations of this certificate with respect to each occurrence covered by said primary insurance, Section IV-, and then only up to such sum as is stated in the declarations as the company's limit of liability with respect to each occurrence. 2. Liability hereunder in respect of the combined amount of all loss, damage, costs, expenses and claims arising out of or in consequence of any one occurrence is limited to the amount hereby insured. For the purpose of this clause each occurrence shall be treated separately, but a series of claims hereunder arising from the same occurrence shall be treated as due to that occurrence. The naming of more than one insured in this certificate shall not act to increase the liability of the company. 35-1 - -24- Section VI D. ATTACHMENT OF LIABILITY 1. Liability under this insurance with respect to any occurrence shall not attach unless and until the primary insurer shall have admitted liability for the primary limit, or until the insurance has, by final judgment, been adjudged liable for a sum which exceeds such primary limit. 2. Such insurance as is afforded by this Section VI shall apply only with respect to the vessel described in the declarations for occurrences happening during the policy period. E. DEFINITIONS 1. ULTIMATE NET LOSS The term ultimate net loss shall mean the total sum which the insured or any company as his insurer becomes obligated to pay and shall have paid by reason of claims covered by the certificate, either through adjudication or settlement, and all sums paid for costs and expenses, including premiums for attachment or appeal bonds, with respect to litigation, settlement, adjustment and investigation of claims and suits which are paid as a consequence of any occur rencecovered by this certificate, excluding only the salaries of employees and office expenses of the insured or any primary insurer or any other expenses which are recoverable through any other valid and collectable insurance. 2. PRIMARY INSURANCE The term primary insurance shall mean such insurance as is afforded by Section IV of this certificate. 3. PRIMARY INSURER The term primary insurer shall mean the company identified in the Subscription Schedule of the policy as the subscribing company with respect to Section IV. 35-1 -25- Section VI F. ASSISTANCE AND COOPERATION The company shall not be called upon to assume charge of the settlement or defense of any claim made or suit brought or proceeding instituted against the insured, but the company shall have the right and shall be given the opportunity to associate with the insured or the insured's primary insurers, or both in the defense and control of any claim, suit or procedure relative to an occurrence where the claim or suit involves or appears reasonably likely to involve the company, in which event the insured shall cooperate with the company in all matters concerning the defense of such claim, suit or proceeding. G. SUBROGATION In case of any payment hereunder, the insured shall act in concert with the company and all other interests concerned, in the exercise of any rights of recovery which the insured may have against any other person or entity. The apportioning of any payment hereunder, shall first be reimbursed up to the amount paid by them; the company is then to be reimbursed out of any balance then remaining up to the amount paid hereunder; lastly, interests, including the insured, of whom this coverage is in excess are entitled to claim the residue, if any. Expenses necessary to the recovery of any such amounts shall be apportioned between the interests, including the insured, concerned, in the ratio of their respective recoveries as finally settled. H. APPEALS In the event the insured or the primary insurers elect not to appeal a judgment in excess of the primary limits, the company may elect to make such appeal at their cost and expense, and shall be liable for the taxable cost and interest incidental thereto, but in no event shall the liability of the company for ultimate net loss exceed the company's limit of liability stated in the declarations for any one occurrence and in addition the cost and expense of such appeal. I. NOTICE OF CLAIM Whenever the insured has information from which the insured should reasonably conclude that an occurrence covered hereunder involves injuries or damage which, in the event that the insured should be held liable, is likely to involve this policy, notice shall be sent by the insured to the company as soon as practicable. 35-1 - -26- Section VI SECTION VII CONDITIONS A. NOTICES All notices concerning this certificate shall be addressed: 1. by the company or by Crump/Kindler & Laucci Insurance Brokers: to the insured first named, at the address stated in the declarations, and such notice shall constitute notice to all named insureds; 2. by the insured: to Crump/Kindler & Laucci Insurance Brokers, 50 California Street, San Francisco, California 94111. B. PAYMENT OF LOSS In case of loss, payable to the insured, such loss is to be paid within sixty (60) days after satisfactory proof of loss and interest shall have been made and presented to the company, the amount of any indebtedness due the company from the insured or any other party interested in this certificate being first deducted. C. BROADENED COVERAGE If, during the term of this certificate, the company shall make any revision to the terms of this certificate which broadens the coverage without additional premium, the broadened coverage shall apply to this certificate as of the effective date of such revision. D. INTEREST OTHER THAN OWNER It is expressly agreed that if the interest of the insured is or in- cludes interests other. than the owner of the vessel, the company's liability shall not be greater than if the insured was the owner entitled to all defenses and limitations of liability to which a shipowner is entitled. E. WAR, STRIKES AND RELATED EXCLUSIONS 1. The following conditions shall be paramount and shall supersede and nullify any contrary provisions of this certificate. 2. This insurance does not cover any loss, damage or expense caused by, resulting from, or incurred as a consequence of: 35-1 -27- Section VII (a) capture, seizure, arrest, restraint or detainment, or any attempt thereat; (b) any taking of the vessel, by requisition or otherwise, whether in time of peace or war and whether lawful or otherwise; (c) any mine, bomb or torpedo not carried as cargo on board the vessel; (d) any weapon of war employing atomic or nuclear fission or fu- sion or other like reaction or radioactive force or matter; (e) civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or piracy; (f) strikes., lockouts, political or labor disturbances, civil com- motions, riots, martial law, military or unsurped power; (g) malicious acts or vandalism, unless committed by the master or mariners and not excluded elsewhere under this War Strikes and Related Exclusions clause; (h) hostilities or warlike operations, whether there be a declara- tion of war or not, but this subparagraph (h) not to exclude collision or contact with aircraft, rockets or similar mis- siles, or with any fixed or floating object, or stranding, heavy weather, fire or explosion unless caused directly by a hostile act by or against a belligerent power which act is in- dependent of the nature of the .. voyage or service which the vessel concerned or, in the case of a collision, any other vessel involved therein, is performing. As used herein, "power" includes any authority maintaining naval, military or air forces in association with a power. If war risks or other risks excluded by this clause are hereafter insured by endorsement on this certificate, such endorsement shall supersede the above conditions only to the extent that the terms of such endorsement are inconsistent with the above conditions and only while such endorsement remains in force. 35-1 -28- Section VII F. OTHER INSURANCE Where the insured is, irrespective of this certificate, covered or protected by other valid and collectible insurance against any loss or claim which would otherwise have been paid by the company under this certificate, there shall be no contribution or participation by the company on the basis of contributing, concurrent, or double insurance; provided, however, that if the applicable limit of liability of such other insurance is not sufficient to protect the insured against such loss, this certificate shall apply, but only as excess insurance over such other valid and collectible insurance in an amount equal to the applicable limit of liability of this certificate. G. ASSIGNMENT No claim or demand against the company under this certificate shall be assigned or transferred, and no person shall acquire any right against the company by virtue of this insurance without the express consent of the company. H. RIGHTS OF RECOVERY 1. Upon making payment under this certificate, the company shall be vested with all of the insured's rights of recovery against any person, corporation, vessel or interest and the insured shall execute and deliver such instruments and papers as the company shall require and do whatever else is necessary to secure such rights. 2. The company waives any right of subrogation against affiliated, subsidiary or interrelated companies of the insured, provided that such waiver shall not apply in the event of a collision between the vessel and any vessel owned, bareboat chartered or otherwise controlled by any of the aforesaid companies, or with respect to any loss, damage or expense against which such companies are insured. 3. Except as provided in: (a) Section IV - Protection and Indemnity - clause B,. Coverage Extensions; (b) Section IV - Protection and Indemnity - clause D, Pilotage and Towage; (c) any endorsement extending this certificate to include assumed liability; 35-1 -29- Section VII any agreement, contract or act, past or future, express or implied, by the insured whereby any right of recovery of the insured against any person or corporation is released, decreased, transferred or lost which would, on payment of claim by the company, belong to the company, but for such agreement, contract or act, shall render this certificate null and void as to the amount of any such claim, but only to the extent and to the amount that said agreement, contract or act, releases, decreases, transfers, or causes the loss of any right of recovery of the company, but the company's right to retain or recover the full premium shall not be affected. I. LITIGATION 1. The company shall have the right but not the duty to defend the insured in the event of any litigation between the insured and third parties concerning any claim covered by this certificate. In the event the company decides not to exercise its option to defend, the company's liability for cost of defense shall be limited to the reasonable cost of such defense. 2. In the event the company shall exercise its option to defend, the company shall have the further option of naming the attorneys who shall represent the insured in the prosecution or defense of any litigation between the insured and third parties covering any such claim and shall have the direction of such litigation or negotiations. If the insured shall fail or refuse to settle any claim as authorized by the company, the liability of the company shall be limited to the amount for which settlement could have been made less any deductible applicable. The insured shall, at the option of the company, permit the company to conduct, with an attorney of the company's selection, at the company's cost and expense and under its exclusive control, a proceeding in the insured's name to limit the insured's liability to the extent, and in the manner provided by the present and any future statutes relative to the limitation of a shipowner's liability. 3. No action shall lie against the company for the recovery of any loss sustained by the insured unless such action is brought within one (1) year after: (a) the entry of any final judgment or decree in any litigation against the insured; (b) the date of payment of a claim without the entry of final judgment or decree; (c) the company has denied liability for payment of the claim or any portion thereof; 35-1 -30- Section VII provided, however, that if by the laws of the state within which the insured resides such limitation is invalid, then any such claim shall be void unless such action, suit or proceeding be commenced within the shortest limit of time permitted, by the laws of such state, to be fixed herein. J. CANCELLATION This certificate may be cancelled at any time: 1. By the insured: by surrender of the certificate to the company or by written notice to the company stating when, thereafter, such cancellation shall be effective. 2. By the company: by written notice to the insured stating when, not less than thirty (30) days thereafter, such cancellation shall be effective. 3. By any Lender financing the certificate premium holding the insured's authority to cancel this certificate: by written notice to the company stating when, thereafter, such cancellation shall be effective. 4. In the event of any change in the ownership of the vessel or if it be chartered to others on a bareboat basis, then, unless the com- pany agrees thereto in writing, this certificate shall thereupon become automatically cancelled from time of such change in ownership or charter, no notice to the insured or any other person or entity being required. A conditional sales contract shall be considered a change in the ownership of the vessel. 5. In the event of cancellation of this certificate: (a) as in 1 or 4 above: the company to return prorata of the an- nual premium, multiplied by .90, for the unexpired time; (b) as in 2 or 3 above: the company to return prorata of the an- nual premium for the unexpired time. 6. There shall be no return premium in the event the vessel is lost from any peril insured against by this certificate. K. CONFORMITY TO STATUTE Terms of this certificate which are in conflict with the applicable statutes of the state' wherein'this certificate is issued are hereby amended to conform to such statutes. 35-1 -31- Section VII L. CAPTIONS Clause captions are inserted for purpose of convenient reference and are not to be deemed part of this certificate. 35-1 -32- Section VII ENDORSEMENT SUPPLEMENT THE TERMS OF THE SEPARATE ENDORSEMENTS IN THIS SUPPLEMENT SHALL APPLY TO THE CERTIFICATE TO WHICH SAID SUPPLEMENT IS ATTACHED ONLY WHEN SUCH ENDORSEMENT IS SPECIFICALLY DESIGNATED BY NUMBER AND TITLE IN THE CERTIFICATE DECIARA- T IONS. 782-30 ADDITIONAL INSURED It is agreed that such insurance as is afforded by Section IV Protection and Indemnity of this certificate shall also apply to the additional insured named in the declarations, but only with respect to such operations as are conducted by the named insured in connection with the insured vessel provided that: a. such insurance is to be primary and not contributing with any other insurance maintained by such additional insured; b. in the event that the naming of such additional insured is required by a written contract between the named insured and such additional insured and should such written contract require terms of coverage or limits of liability less than such as are afforded by this certificate, then such reduced terms or limits shall be applicable with respect to such named ad di t io nal insured; C. other than as stated herein, the naming of such additional insured shall not act to extend the terms of this certificate; d. the naming of more than one insured in this certificate shall not act to increase the liability of the company. 782-31 PORT RISK It is.agreed that: a. It is warranted by the insured that during the term of this certificate the vessel will be confined to the port named in the declarations, with leave to go on or off drydocks, cradles, gridirons or marine railways, to take on fuel and to shift, in tow or otherwise, within the limits of said port. If the vessel shall commence or proceed on a voyage during the term of this certificate, this insurance shall be suspended as soon as the vessel leaves her moorings to depart from the above named port and shall not attach until the vessel shall again be moored in said port. NOTE:..PLEASE REFER TO STATEMENT ON TOP OF ENDORSEMENT PAGE A. 35-1 A 782-32 NAVIGATION Warranted navigation confined to Pacific coastal waters, including bays and tributaries, within a radius of one hundred fifty (150) miles of the vessel's place of berthing, but in no event shall the vessel be navigated beyond the limits permitted by the United States Coast Guard. Any violation of this agreement shall render this certificate void during the term of the violation. 782-33 NAVIGATION Warranted navigation confined to Pacific coastal waters, including bays and tributaries, not North of San Simeon, California and not South of Cape San Quintin, Baja California, and not over one hundred fifty (150) miles off shore, but in no event shall the vessel be navigated beyond the limits permitted by the United States Coast Guard. Any violation of this agreement shall render this certificate void during the term of the violation. 782-34 MEMBER - GOLDEN GATE FISHERMEN'S ASSOCIATION a. Continued membership in Golden Gate Fishermen's Association, in accordance with their by-laws, shall be maintained by the insured; it is agreed that a breach of this warranty shall not suspend the insurance afforded but shall render the insured liable for such additional premium as may be required by the company rules. b. Such insurance as is afforded by Section IV Protection and Indemnity, shall also apply to Golden Gate Fishermen's Association as an additional insured, provided that: 1. the naming of such additional insured shall not act to extend the terms of this certificate; 2. the naming of more than one insured in this certificate shall not act to increase the liability of the company. 782-35 OCCASIONAL COMMERCIAL FISHING It is agreed that: NOTE: PLEASE REFER TO STATEMENT ON TOP OF ENDORSEMENT PAGE A. 35-1 B a. Permission is granted to use the insured vessel for commercial fishing, provided that the number of crew regularly employed while carrying fare paying passengers, shall not be increased, for not exceeding: (1) an aggregate of thirty (30) days during the certificate term. b. Any violation of this agreement shall render this certificate void during the term of the violation. 7 82-3 6 TOTAL LOSS ONLY It is agreed that: a. The coverage afforded by Section II, Hull & Machinery, shall apply only to total loss or constructive total loss of the insured vessel subject to the terms of Sue and Labor clause 8 and Total Loss clause 9 of the Section II. 782-37 HULL - FIRE ONLY It is agreed that: a. Perils clause 2, and Additional Perils clause 3 - Hull and Machinery are deleted in their entirety; b. In lieu of Perils clause 2, Additional Perils clause 3 this Section II shall insure against loss, damage and expense occasioned by fire, lightning and explosion. 782-38 PROTECTION AND INDEMNITY ONLY It is agreed that: a. Section II - Hull and Section III - Personal Effects are deleted in their entirety; b. The insured warrants that the Hull of described vessel shall not be in- sured during the currency of this certificate. Any violation of this warranty shall render this certificate void. NOTE: PLEASE REFER TO STATEMENT ON TOP OF ENDORSEMENT PAGE A. 35-1 C 782-39 EXCLUDING EMPLOYEES It is agreed that such insurance as is afforded by Section IV, Protection & Indemnity, shall not apply to any liability of . the insured for any member of the vessel's crew including captain while said crew member or captain is en- gaged in the duties of his occupation, or is subject to the call of duty. 782-40 EXCLUDING DOCK LIABILITY It is agreed that such insurance as is afforded by Section IV, Protection & Indemnity, paragraph B1, is deleted in its entirety. 782-41 SNORKELING EXCLUSION DELETED With respect to Section IV, Protection and Indemnity, it is agreed that: a. Exclusion G 11 clause (a) is deleted, b. Such insurance as is afforded by Section IV shall not apply to the li- ability of any insured arising out of: (1) any equipment or supplies used for swimming or snorkeling, sold, rented, loaned, donated, serviced or repaired by any insured or any person or entity acting on behalf of any insured, and which any fare paying or guest passenger of the insured vessel, or swimming or snorkeling instructor, uses or attempts to use; (2) any act or omission of a swimming or snorkeling instructor, whether a member of the crew or otherwise, with respect to supervision or direction of swimming or snorkeling activities of any fare paying or guest passenger of the insured vessel. A member of the crew limited to an explanation of the rules, regulations and safety facilities of the vessel shall not be considered a swimming or snorkeling instructor within the meaning of this paragraph. 782-42 DIVING EXCLUSION DELETED With respect to Section IV, Protection and Indemnity, it is agreed that: a. Exclusion G 11 is deleted; b. Such insurance as is afforded by Section IV shall not apply to the li- ability of any insured arising out of: NOTE: PLEASE REFER TO STATEMENT ON TOP OF ENDORSEMENT PAGE A. c75-2 - D (1) any equipment or supplies used for swimming, snorkeling or diving, sold, rented, loaned, donated, serviced or repaired by any insured or any person or entity acting on behalf of any insured, and which any fare paying or guest passenger of the insured vessel, or swim- ming or diving instructor, uses or attempts to use. Exclusion b. (1) shall not apply to the sale or donation of compressed air used to fill or refill diving tanks. (2) any act or omission of a swimming, snorkeling or diving instruc- tor, whether a member of the crew or otherwise, with respect to supervision or direction of swimming, snorkeling or diving activ- ities of any fare paying or guest passenger of the insured vessel. A member of the crew limited to an explanation of the rules, regu- lations and safety facilities of the vessel shall not be considered a swimming, snorkeling or diving instructor within the meaning of this paragraph. 782-43 PERSONAL EFFECTS EXTENDED With respect to Section III, Personal Effects, it is agreed that Clause A(2) is amended and shall read: (2) while such property is aboard the vessel, but only while the vessel is afloat, or whicle being loaded on or unloaded from the vessel and while in transit or in storage on land. NOTE: PLEASE REFER TO STATEMENT ON TOP OF ENDORSEMENT PAGE A. p35-1 E 1 10 1 � 1 • � P A R A- SAILI NG PERMIT REQUEST FOR BALBOA PARASAIL Balboa Parasail is requesting permission to make an addition to their business. We have secured a contract with a tour group which brings in excess of 350,000 Japanese tourists to southern California per year. They have inquired of us re: parasail and jet skis. After several conversations and meetings with them we are currently seeking permission from the Marine Department to bring in an additional parasail boat, and maybe two, and 10-12 jet skis to our operation. From our experience with parasail we would anticipate an additional 2 [two] parking spaces per boat, and our estimate for the jet skis would be an additional 4 [four] spaces. We appreciate your consideration of this matter. Sincerely, 700 E. EDGEWATER • BALBOA • CA • 92661 • 714 / 673- 1693 P- d (O /,,"5��DATE TO: M-1tMAeR ❑ CITY COUNCIL ❑ CITY MANAGER ❑ FIRE ❑ DEPUTY CITY MGR. ❑ GENERAL SERVICES ❑ ATTORNEY ❑ LIBRARY ❑ BUILDING ❑ MARINE ❑ CITY CLERK 0 PARKS & REC. ❑ FINANCE - ADMIN. ❑ PERSONNEL ❑ ACCOUNTING ❑ PLANNING ❑ DATA PROCESSING ICE ❑ DUPLICATING PUBLIC WORKS ❑ PAYROLL ❑ TRAFFIC ❑ PURCHASING ❑ UTILITIES ❑ REVENUE ❑ TELECOMM. FOR ❑ ACTION & DISPOSITION INFORMATION ❑ REVIEW & COMMENT ❑ RETURN REMARKS: FROM: BUILDING QEPAR'I MENI rinaeran. t:ng i.rl�er ng i tt�-bpi-� Feb 1395 17:26 NO -002 P.02 j bruce a nderson PRESTRESSED PILE DESIGN ° sheat I structural englneer SQUARE PILE SECTIONS 2/13«614:36 501 Wth arroyo parkway job 0 4604 Pasadena, oa 011o6.2519 213.891.8.481 Project: Balboa Pavlllion 600 Eaet Bay Suits A Balboa, California SECT QN EARAMEMIRS FREE 14EAD (PINNED) Pilo dimension (diarnater, inches) 14 Area (lnchos'12) 194.0 Length (foot) 34 Concrete cover to spiral (Inches) 2 0onorote strength (ksl) B Flexural Length (foot) 20 2ftnd - 7 wiro ion+ relaxation strands Strand dlarrwter (inches) 912 A.S.T.M. A4116 Strand qumntlty a fpu (psi) 0 270,000 Esim 28,000 ksi Total strand woe (Inches"2) 0,92 Spiral wire Spiral wire size W 1110 A.S.T.M, A-82 h'= 50,000 pal Prestressing Losses (psi) 30,000 Data 0,75 Initial prestress Fpa= .741pu*Astrand 30.57 kips Effeotive prestress (0) fpe(c);; (Fpl*fttmndwlosses*Apa)1Ac 603 psi 860 Eftotiva prestren (s) fpe(s). (Ao*fpo(c))1Aps 169.80 ksl Efiactiva strain *(s)- "(s)/Es-= 0.0081 Compression Slack (kips) ^ 84t 160,86*P110 dim*C■ 53.55 "G APPLIED LOADS Po(max) (kips) = 342.033 Pe- 8,0 Tom 0.0 Vow '16 Men 53.5 Pau* 11.2 TUN 0 VU0 21 Mur. 74.9 1 brucc anderson PRESTRESSED PILF DIESION structural engineer SOUARE PILE SEOTIONS 601 .south arroyo parkway pasad+ena, ea 91106-2519 213-1-B481 STRESS , STRAIN /SNA Y616 CQOMP-R =SSION LOAD OW 4 Inches Sftnd Tension > Pn■ 211 kips W x M= T(klps) ; 1 3.19 0,0056 152,7 29.4 0.0056 2 3.18 010066 152.7 23.38 HOW 3 7.00 0.0083 269.0 39.62 0.0006 4 10,81 0.0112 261.3 30.08 010116 6 10.81 0.0112 261.3 30.98 0.0116 6 7.00 0.0083 289.0 39.62 010086 7 0.00 010000 0.0 0 010000 8 0,00 0.0000 0.0 0 0.0000 9 0.00 0.0000 010 0 0-0000 10 0.00 0.0000 0.0 0 0.0009 11 0.0+0 0.0000 0.0 0 0.0000 12 0.00 0.0000 0.0 0 0.0000 13 0.00 0.0000 0.0 0 0.0000 14 0.00 0.0000 0.0 0 0.0000 16 O:OO 0.0000 010 0 0.0000 1g 0.00 0.0000 010 0 0,0000 17 0.00 0.0000 0;0 0 0.0000 A 0.00 0.0000 0.0 0 0,0000 19 0.00 0.0000 0.0 0 0.0000 20 0.00 o.G000 0.0 Q 0.0000 205.9 M#x strand atmos ■ 264.6 ksl W. Moet exceed strand tension �- 217 r=WlGtN1.Q CE 3.8 Inches Pow 203 kips 166,2 166.2 259.3 281.8 209.5 269.3 0.0 0.0 010 0,0 0.0 0.0 0,0 0,0 0.0 0.0 0,0 0,0 0.0 0,0 Compression 4)Mn= Pn * y + 7'(1) * y(i) 76.12 OK 7en3ion OMn■ Pty "y + 1'(I) * Y(I) 94,31 OK shoot 2 2113105 14;4$ job # ,4604 tel) 23.90 23,90 39.67 40,02 40.02 39.67 0.00 0.09 0:00 0.00 0,80 0,00 0,00 0,00 0.00 0.00 0.00 0.00 0,00 M 207,2 Q 207 74.9 ft -kips 74.0 ft -kips Voluniolo Ratio required s 0,0210 U,S,C, Ssotion 2910(a)20 Spiral pitob In flexural iongthe a- (Vsp1r*l1(Acore*Vol-rat1o) = 2,2 " pitch Length of flexural spiral pitch (feet) _ 24 feet MILO_ 3Xjj1<FOR EXCESS MQMF T Mlld :teal not required for excess moment Excess moment - 1,218 ft-klps 4)Mn= 0 ft -kips Bar quantity = 4 Bar size ■ 6 0r. 2.09 it �FE�S 14` Gcmar+sts Pile 2' o. }v chamrc tp J brute anderson t r � c t u r a s n #v► 661 saw{h arroyo pbek"y posadrnp, ae (tl$) 401 -BAA! '0 00100a Pavllllon 0aIbaa, GA job #: 4504 14, ln Ol 2- R= LIOx k-2 /r�1 S -k. /iyA�- 71. Zu !l D x / f _ x M&oma Rae ¢o Ge /Z 6D Ao 50 i - 07 / C%QO r11a094 3 /Z � zX ¢ O /C. ¢x¢ pqf�- 0 S `- 7801 ORANGETHORPE AVE., BUENA PARK, CA 90621 • (310) 868-7764 (714) 522-2836 • FAX (714).522-3690 '✓. ....n V. -fir ....i.. ti �. :c.'ti �i:a r� .�'.i. .. ti..... ,i�. .. ..\ 4 .i { .a.. -.. _. .. .r .. .�... .. .. .. .. .. .... -.. ... ID a c. c #6 ' 2<11 3�5' 10 X<5 FLO ST�cco / �t /Z r lot -2xl- 4 S d 10/6 L 124 O Dqp l . - y �,a-,L t- �01 ORANGETHORPE AVE., BUENA AW 90621 • 10) 868-7764 • (714) 522-2836 • FAX (714) 522-3690 S 'i?eu� o!L- __ __ 7 71 Y -STRUCTURAL - CTURAL ENGINEERS -- - - BY- e G'G gj i f1i/�fi-/� - �¢xCo 32�. DG AdWl .-10-'Z7 x 3p - f� XZX� _g 3o72 GL 10- 2d 3� J'>�. -a, -13 y x -w, 33 l o �(3 lrU� TSIa 14� x� \< /5-f o�� � 06 = 1 i 673 TS /D x2 v r g 7809__ORANGETHORPE AVE., BUENA PARK, CA 90621 • (310) 868 7764 • (714) 522 2836 • FAX (714) 522-3690 archN&ghnoogs planning + architecture 447 east seventeenth street costa mesa, california 92627 r 42 6 5 ire Z�'� Janna' 31, 1995 Faysal Jurdi, PE Chief Plan Check Engineer Building Department City of Newport Beach Newport Beach, California Subject: Handicapped Accessibility Project: Commercial Dock Revision Project Newport Bay 600 Bay "R" Balboa, Newport Beach California Plan Check No.: 112-604 Owner: Balboa Fun Zone Rides, Inc. 700 E. Edgewater, .Balboa, California Fun Zone Boat Co., Inc. 600 E. Edgewater, Balboa, California Dear Mr. Jurdi: I write on behalf of our Client, the Balboa Fun Zone Rides, Inc. with regard to their application for a Building Permit for the construction of the above-named project presently in plan check in your Department. The Project under consideration is a T -Shaped commercial dock, designed to moor a 103 -foot and a 113 -foot harbor cruise boat on each side of a 10'-0" wide by 90'-0" long pier, and is accessed by means of a 6'-0" wide gangway spanning 30'-0" from a 6'-0" x 6'-0" entry landing deck at the existing bulkhead level down to the new dock. See Exhibit A. The construction cost of the Project is estimated as follows: Total Dock Area: 1,608 Sq. Ft. x $34.00 / Sq. Ft. _ $ 54,672.00 Entry Landing Deck: 36 Sq. Ft. x $34.00 / Sq. Ft. _ $ 1,224.00 6'-0" x 30'-0" Steel Framed Gangway @ $36.00 / Sq. Ft. _ $ 6,480.00 Total: $ 62,376.00 All City plan check corrections on the plans we submitted have been duly addressed with the exception of the issue of handicapped accessibility which we find, after careful and thorough study, to be technically infeasible under the existing site conditions, and if implemented, will cause unreasonable hardship to our client. In this connection, we respectfully present the following Schemes and Exhibits for your review and consideration. Scheme I : Exhibit B - Technically Infeasible In order to provide a gangway and access ramps per ADA specifications (1:12 max. slope), it would require a total run of approximately 94'-0" , that is, a 30'-0" gangway that will adjust to the rise and fall of the tides, a 5'-0" landing, then a 27'-0" long fixed ramp that will terminate into another 5'-0" landing, then another 27'-0" fixed ramp. Such an assembly, if erected from our proposed 6'-0" entry landing at the bulkhead level will overshoot in length far beyond the deck of our dock and past the west property line that abuts the Ferry landing. See Exhibit B. Scheme II: Exhibit C - Technically Infeasible To erect this same straight run assembly further to the east so that the bottom of the ramp terminates at the "T" junction of the proposed pier, would position the access entry landing about 60'-0" away from the control booth and its remoteness will encumber the effective supervision of incoming and outgoing passengers. See Exhibit C. Furthermore, its construction will encroach into a portion of an existing dock which can not be removed. Scheme III: Exhibit D - Technically Infeasible and Unreasonable Hardship An alternate to a straight run is a "U" - shaped access ramp that will start at the bottom of the gangway with a 5'-0" landing, then a 27-0" ramp that will terminate into a 6'-0" x 12'-0" landing, then continue with another 27'-0" ramp running the opposite direction of the first ramp. See Exhibit D. It can be noted that the last leg of the ramp falls over and beyond the proposed dock, thus requiring the construction of an additional 422.5 square feet of dock space to accommodate said ramp and required circulation space. This increase in dock width will excessively foreshorten the mooring lengths of the main pier which will prohibit the effective mooring of the tour boats. Although a mooring encroachment beyond the U.S. Project line equivalent to the beam dimension (width of the boat) of +- 30'-0" is permissible, it is almost mandatory to minimize such encroachments and stay clear of this space as much as possible for reason of safety, as it is so close to the travel and maneuvering proximity of the existing Ferry service. Assuming, without concluding that this Scheme can be made to function within the limits of tolerance, the issue of cost in meeting the requirement is most significant. The amount involved in the construction of this additional dock space alone, based upon a cost rate of $34.00 per per square foot will run in the tune of $14,365.00. Added to this amount is the cost of 426 square feet of handicapped ramps and landings and, at a unit cost of $23.00 per of square foot will amount to $9,798.00. This totals to $24,163.00, an amount that is 38.73% of the estimated $62,376.00 construction cost of the entire project. Scheme IV: Exhibit E - Technically Infeasible and Unreasonable Hardship The above "U" - shaped scheme may be developed into an "S" - shaped configuration where the first leg of the ramp starts from a 6'-0" x 12'-0" landing and runs the opposite direction of the gangway and terminates into a 6'-0" x 12'-0" landing, to where the last leg of the ramp starts and runs in the opposite direction of the first. See Exhibit E. This scheme, as can be noted from the Exhibit, will require a 508 square foot additional expansion of the pier to house the ramps and circulation space and, like Scheme III, such expansion will severely impact the mooring length of the east boat slip. From a cost standpoint, this additional expansion area of 508 square feet will cost $17,272.00 based upon a cost rate of $34.00 per square foot. Added to this cost, is a sum of $10,764.00 for a 468 square foot handicapped ramps and landings based on $23.00 a square foot, giving a total of $28,036.00, an amount which comes to over 44.94% of the total estimated construction cost of $62,376.00. The Schemes and Exhibits presented above clearly illustrate the site restrictions encountered and the excessive cost involved in our faithful attempts to make provisions for the handicapped. We are cognizant of the fact that certain benefits can be derived in providing these access ramps, not only to the handicapped but also to all passengers and to service functions alike, giving them a more gradual and a more convenient travel transition in height. However, the facts and figures obtained from the studies made above, clearly show that the benefits'derived are heavily outweighed by both functional constraints and financial hardships, and, at this juncture, we have no other recourse but to respectfully request your office to waive the ADA requirement based on Technically Infeasible, T Section 421 (par. a1) and Unreasonable Hardship, U Section 422 (par. c)of Title 24 of the California Access Statute. Thank you very much for your kind consideration in this regard. Yours truly, Conrad D. Dadufalza Architect ..y CITY OF NEWPORT BEACH February 6, 1995 P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 Mr. Conrad Dadufalza, Architect 447 E. 17th Street Costa Mesa, CA 92627 SUBJECT: Request of Unreasonable Hardship to Waive Ramp Slope Requirement (1:12 Max.) for Disabled Access to Commercial Dock Facility at 600 Bay, Newport Beach Dear Mr. Dadufalza: During the month of January 1995, I met twice with you and with Lloyd Dalton from the Public Works Department and with the owner, Mr. Ray Handy, to discuss the Disabled Access Requirement and your request not to provide the code required slope for disabled access to the new dock facility. We reviewed options B, C, D, E, and F for providing disabled access in compliance with Title 24, Section 3103A(g)1.D "Access to Boat Docks". While we agree that options B, C, D and E are not practical (feasible), option "F" appears to be feasible and the only consideration will be financial, since with some strengthening of the dock, boats will be permitted to project outside the dock a length equal to the width of the boat. Thus allowing you to use the same size boat with the reduced dock depth caused by disabled access ramps and landing. Determination of Unreasonable Hardshin Your request for a waiver to disabled access per Title 24, Section 3103A(g)1, Exception 3, has been approved according to the five criteria for determination of unreasonable hardship listed in Section 422C of Title 24. Please note the following conditions of approval: a. It is the City's position that the best method of compliance with disabled access requirements is to provide full access per code. We encourage you to provide access although the cost is proportionately high. b. Provide assistance and signage for the disabled per the last paragraph of your documentation. 3300 Newport Boulevard, Newport Beach - . - - - - -- - - -- -- Mr. Dadufalza February 6, 1995 Page Two C. Being a commercial dock for tour boats, the disabled will make frequent use of this facility and assistance may not satisfy your customer's needs which will result in a complaint to the State Attorney General under T-24 Code requirement or to the Department of Justice under "ADA" Federal requirements. d. The State Attorney General may disagree with our finding of unreasonable hardship which will result in a lawsuit which might require you to retroactively provide a complying ramp. The City advises you to provide access now to avoid the higher cost of providing access at a later date. e. ADA Be advised that the City is not authorized to enforce the Americans with Disabilities Act requirements. It is your responsibility to ensure that this project is in compliance with "ADA. Additional requirements: 1. Pay the following fees: Access Review .08% x 62,376 = $49.90 Documentation of unreasonable hardship review: $50.00 Total: $99.90 2. Include on a separate sheet of drawings all documentation submitted and city approvals and conditions of approval. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director By: Fa sal Vurkl Qhi f Plan Check Engineer FJJf bc: City Manager City Attorney Tony Mellum Lloyd Dalton ��W PpR CITY OF NEWPORT BEACH v ►�'"` __ == = P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 4� I'0 BUILDING DEPARTMENT _ DOCUMENTATION OF UNREASONABLE HARDSHIP [t/f Finding of unreasonable hardship for projects under #50,000* (Sec. 110A(b)11B & 110A(b)11A5, Exc. 1, T24) [�] Other 31o3,e. 3:� IEW. _ . <L122 G . 1 Job Address: G00 FiAy "f?-, N B. Suite Number: � � iI � �►� . � • i C.� Gam' F"27 P1 103,�-1 NVAIEIMI��A ' • A WNW 171,11, Ii�iLJr 1. Distribution: [ ] Owner [X] Petitioner [ ] Inspection [ ] Plan Check [X] File Project Info: P.C.# Permit # Use Stories Total cost of construction contemplated ................. $ 3 6.60 Cost of providing compliance ............................ $ 3•CO Identify the accessibility features which will NOT be brought into compliance if the request is granted. Provide an estimate of the cost of compliance for each item. Parking... .................................... S Path of travel to the entrance ................ $ Entry [ ] ramp [ ] door [ ]landing ............. $ Path of travel within the facility ............ $ Path of travel to the sanitary facilities ..........$ Sanitary facilities (bathrooms) .... ......... $ Path of travel to the drinking fountain(s) .$ Drinking fountain(s) ............................... $ Path of travel to the public phone(s) .............. $ Public phone(s).................................... $ Other: $ $ TOTAL $ 3300 Newport Boulevard, Newport Beach Identify the accessibility features and equivalent facilities which will be provided or brought into compliance as required by Code. Provide _an estimate of the cost of each item. G ils�iL �� 4. 5. 6. 7. TOTAL Additional Information: 5 Describe the impact of required access improvements on financial feasibility of the f ject . U1 (ili S O 3 © � u 6 Describe the nature of accessibili y which would be gained or lost. 7 Describe the nature of the use of the facilityAW- onstruction and its availability to disabled persons. r� -�; ktf�� The petitioner understands that although the City may approve this request of unreasonable hardship and the p osed equivalent access, the City reserves the right to reqlac addi i nal access compliance upon receiving a complaint of inadequate ss t is location. 8 Petitioner's signature: Gt (� Date: F-mc,1_I°o g - FOR CITY4SE ONLY 1. Total cost of pro ed cons 2. Cost of disabled 4cc ss img Approve�Wenied by: *T a X50,000 is in 1981 dollars, 0,&a— c ada/dochard9-94 ion................... $ (�, 7G ents............... S Date: % leg, � - I�o imately 72,383 in 199 ollars. archin @hM@& planning + architecture 447 east seventeenth street costa mesa, califomia 92627 714 642-6055 February 1, 1995 Faysal Jurdi, PE Chief Plan Check Engineer Building Department City of Newport Beach Newport Beach, California Subject: Handicapped Accessibility Project: Commercial Dock Revision Project Newport Bay 600 Bay "R" Balboa, Newport Beach California Plan Check No.: 112-604 Owner: Balboa Fun Zone Rides, Inc. 700 E. Edgewater, Balboa, California Fun Zone Boat Co., Inc. 600 E. Edgewater, Balboa, California Dear Mr. Jurdi: I write on behalf of our Client, the Balboa Fun Zone Rides, Inc. with regard to their application for a Building Permit for the construction of the above-named project presently in plan check in your Department. The Project under consideration is a T -Shaped commercial dock, designed to moor a 103 -foot and a 113 -toot harbor cruise boat on each side of a 10'-0" wide by 90'-0" long pier, and is accessed by means of a 6-0" wide gangway spanning 30'-0" from a 6'-0" x 6'-0" entry landing deck at the existing bulkhead level down to the new dock. See Exhibit A. The construction cost of the Project is estimated as follows: Total Dock Area: 1,608 Sq. Ft. x $34.00 / Sq. Ft. _ $ 54,672.00 Entry Landing Deck: 36 Sq. Ft. x $34.00 / Sq. Ft. _ $ 1,224.00 6'-0" x 30'-0" Steel Framed Gangway @ $36.00 / Sq. Ft. _ $ 6,480.00 Total: $ 62,376.00 All City plan check corrections on the plans we submitted have been duly addressed with the exception of the issue of handicapped accessibility which we find, after careful and thorough study, to be technically Infeasible under the existing site conditions, and if implemented, will cause unreasonable hardship to our client. In this connection, we respectfully present the following Schemes and Exhibits for your review and consideration. Scheme I : Exhibit B - Technically Infeasible In order to provide a gangway and access ramps per ADA specifications (1:12 max. slope), it would require a total run of approximately 94'-0" , that is, a 30'-0" gangway that will adjust to the rise and fall of the tides, a 5'-0" landing, then a 2T-0" long fixed ramp that will terminate into another 5'-0" landing, then another 27'-0" fixed ramp. Such an assembly, if erected from our proposed 6'-0" entry landing at the bulkhead level will overshoot in length far beyond the deck of our dock and past the west property line that abuts the Ferry landing. See Exhibit B. Scheme It: Exhibit C - Technically Infeasible To erect this same straight run assembly further to the east so that the bottom of the ramp terminates at the "T" junction of the proposed pier, would position the access entry landing about 60'-0" away from the control booth and its remoteness will encumber the effective supervision of incoming and outgoing passengers. See Exhibit C. Furthermore, its construction will encroach into a portion of an existing dock which can not be removed. Scheme III: Exhibit D - Technically Infeasible and Unreasonable Hardship An alternate to a straight run is a "U" - shaped access ramp that will start at the bottom of the gangway with a 5'-0" landing, then a 2T-0" ramp that will terminate into a 6'-0" x 12'-0" landing, then continue with another 27'-0" ramp running the opposite direction of the first ramp. See Exhibit D. It can be noted that the last leg of the ramp falls over and beyond the proposed dock, thus requiring the construction of an additional 422.5 square feet of dock space to accommodate said ramp and required circulation space. This increase in dock width will excessively foreshorten the mooring lengths of the main pier which will prohibit the effective mooring of the tour boats. Although a mooring encroachment beyond the U.S. Project line equivalent to the beam dimension (width of the boat) of + - 30'-0" is permissible, it is almost mandatory, for reason of safety, to minimize such encroachments and stay clear of this space as much as possible due to its closeness to the travel path and maneuvering proximity of the existing Ferry service. Assuming, without concluding that this Scheme can be made to function within the limits of tolerance, the issue of cost is most significant. The amount involved in the construction of this additional dock space and handicapped ramps and landings is as follows: 422.5 square feet of additional dock space @ $34.00 / sq. ft. = $14,365.00 426.0 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 24,163.00 Percentage: 38.73 % of Estimated Project Construction Cost of $62,376.00 Scheme IV: Exhibit E - Technically Infeasible and Unreasonable Hardship The above "U" - shaped scheme may be developed into an "S" - shaped configuration where the first leg of the ramp starts from a 6'-0' x 12'-0" landing and runs the opposite direction of the gangway and terminates into a 6'-0" x 12'-0" landing, to where the last leg of the ramp starts and runs in the opposite direction of the first. See Exhibit E. This scheme, as can be noted from the Exhibit, will require a 508 square foot additional expansion of the pier to house the ramps and circulation space and, like Scheme III, such expansion will severely impact the mooring length of the east boat slip. The cost of this additional expansion area plus handicapped ramps and landings is as follows: 508 square feet of additional dock space @ $34.00 / sq. ft. _ $ 17,272.00 468 square feet of ramps and landings @ $23.00 / sq. ft. = $ 10,764.00 Total Cost: $ 28,036.00 Percentage: 44.94% of Estimated Project Construction Cost of $ 62,376.00 Scheme V: Exhibit F - Technically Infeasible and Unreasonable Hardship In an attempt to possibly reduce the area of dock expansion, Scheme V which is a modified version of Scheme III, has been developed, where the fixed ramps are made to run at 30'-0" and 24'-0" in lengths. It can be noted that the landing that connects the upper and the lower ramps encroaches further into the west end of the south pier where the existing pump station is located and this involves the relocation of said pump station at a probable cost of about $ 3,600.00. See Exhibit F. The problems encountered in this scheme are similar to that of Scheme III and the construction cost involved is as follows: 372 square feet of additional dock space @ $34.00 / sq. ft. _ $12,648.00 426 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 22,446.00 Percentage: 35.98% of Estimated Project Construction Cost of $ 62,376.00 The Exhibits and cost analysis presented above clearly illustrate the site restrictions encountered and the excessive cost involved in our faithful attempts to make provisions for the handicapped. We are cognizant of the fact that certain benefits can be derived in providing these access ramps. The handicapped will be rightfully served with equal access, passengers and service functions will have a more gradual and a more convenient travel transition in height from the bulkhead level to the proposed dock and back. However, the facts and figures obtained from the studies made above, clearly show that the benefits derived are heavily outweighed by site and functional constraints, and above all, financial hardships. At this this juncture, therefore, we have no other recourse but to respectfully request your office, in our Client's behalf, to waive theAW — 7tT(iF-- 2+ requirement based on Technically Infeasible, T Section 421 (par. a1) and Unreasonable Hardship, U Section 422 (par. c)of Title 24 of the California Access Statute. As an alternate to providing access ramps for the handicapped, our Client will have personnel available during operational business hours to offer assistance to the handicapped in facilitating their means of access to and from the mooring dock of the tour boats, a service which he has provided to the handicapped in the last forty years of harbor boat tour business operation. To make the public aware of this service, a sign will be posted at the. dock entry that will read: Assistance to the Disabled available upon request. We hope that this alternate measure offered will satisfy the requirement for handicapped accessibility. rT ank yo v rypmucl Y rs tru , Cgad 4adutalza cc: Balbo Fun Zone File your kind consideration in this regard. Inc. N E W P OR T BAY I I S PR('1JPCT I INE 01 iANGW- SECTION 1-1 SCALE 1:20 EXHIBIT "A" PROPOSED PROJECT NEW P OR T BAY 1Ic --C y1INC 01 . — - V i I DOCK 1:12 MAX SLOPE (HCP) a� RAMP (1:12) RAMP (i:12) G-0' x 2T Hcp r G0.x2TPOP mi wL ixww 1R WL !r'A"ii'ii:-fiiiii�Nlr`:":i WL SECTION 1-1 SCALE 1:20 EXHIBIT "B" SCHEMEI NEW P OR T BAY US PROJECT LINE SECTION 1-1 SCALE 1:20 EXHIBIT "C" SCHEME11 N E W P OR T BAY 11 S PAMPrT 1 INE NFW 5-0' X W -O' GANGWAY SECTION 1-1 SCALE 1;20 EXHIBIT "D" SCHEME III NEWPORT BAY U.S. PROJECT LINE -i NEW 6-0' X 30'-0' GANGWAY SECTION 1-1 EXHIBIT 11E" SCALE �;pp SCHEME IV N EW PORT BAY U.S. PROJECT LINE NFW W -W X gn'4r GANGWAY SECTION 1-1 SCALE 1:20 EXHIBIT "F" SCHEME V FUN ZONE BOAT CO., INC. 600 EDGEWATER PLACE BALBOA, CA 92661 Mr. Tony Mellum Marine Department City of Newport Beach 70 Newport Beach Pier Newport Beach, CA RE: Passenger Count Dear Tony; 15 June 1995 I appreciate your efforts in attempting to attend the christening of our vessel the MS. Phoenix We sincerely hope you will be able to board the Phoenix very soon, as we are anxious to have you see what a prize she is! Pursuant to the conversation we had on the Phoenix, I want to again thank you for informing me that the present passenger count of 331 will be used by the Fun Zone Boat Co., Inc. We will maintain this passenger count If we were to exceed this passenger count, we, of course, will bus to our site the passengers. We, as you know, do not want to penalize the passengers who are local and are in our area. If this is not your understanding , please contact me immediately. Tony, we all want to thank you for your continued assistance and cooperation. Please come by and visit at your earliest convenience. Thanks again! Very truly yours, A � 440- J. R Handy President Fun Zone Boat Co., Inc. Ppb > I F CITY OF NEWPORT BEACH U P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 cq�iFoa�`r February 6, 1995 Mr. Conrad Dadufalza, Architect 447 E. 17th Street Costa Mesa, CA 92627 SUBJECT: Request of Unreasonable Hardship to Waive Ramp Slope Requirement (1:12 Max.) for Disabled Access to Commercial Dock Facility at 600 Bay, Newport Beach Dear Mr. Dadufalza: During the month of January 1995, I met twice with you and with Lloyd Dalton from the Public Works Department and with the owner, Mr. Ray Handy, to discuss the Disabled Access Requirement and your request not to provide the code required slope for disabled access to the new dock facility. We reviewed options B, C, D, E, and F for providing disabled access in compliance with Title 24, Section 3103A(g) LD "Access to Boat Docks". While we agree that options B, C, D and E are not practical (feasible), option "F" appears to be feasible and the only consideration will be financial, since with some strengthening of the dock, boats will be permitted to project outside the dock a length equal to the width of the boat. Thus allowing you to use the same size boat with the reduced dock depth caused by disabled access ramps and landing. Determination of Unreasonable Hardship Your request for a waiver to disabled access per Title 24, Section 3103A(g)1, Exception 3, has been approved according to the five criteria for determination of unreasonable hardship listed in Section 422C of Title 24. Please note the following conditions of approval: a. It is the City's position that the best method of compliance with disabled access requirements is to provide full access per code. We encourage you to provide access although the cost is proportionately high. b. Provide assistance and signage for the disabled per the last paragraph of your documentation. 3300 Newport Boulevard, Newport Beach Mr. Dadufalza February 6, 1995 Page Two C. Being a commercial dock for tour boats, the disabled will make frequent use of this facility and assistance may not satisfy your customer's needs which will result in a complaint to the State Attorney General under T-24 Code requirement or to the Department of Justice under "ADA" Federal requirements. d. The State Attorney General may disagree with our finding of unreasonable hardship which will result in a lawsuit which might require you to retroactively provide a complying ramp. The City advises you to provide access now to avoid the higher cost of providing access at a later date. e. ADA Be advised that the City is not authorized to enforce the Americans with Disabilities Act requirements. It is your responsibility to ensure that this project is in compliance with "ADA. Additional requirements: 1. Pay the following fees: Access Review .08% x 62,376 = $49.90 Documentation of unreasonable hardship review: $50.00 Total: $99.90 2. Include on a separate sheet of drawings all documentation submitted and city approvals and conditions of approval. Very truly yours, BUILDING DEPARTMENT Raimar W. Schuller, Director LM FJJf CITY OF NEWPORT BEACH Marine Department February 3, 1995 TO: KEVIN MURPHY, CITY MANAGER FROM: Marine Department SUBJECT: COMMERCIAL HARBOR ACTIVITIES PERMIT FOR THE FUN ZONE BOAT COMPANY It was determined that, historically, the Fun Zone Boat Company requests about ten to fifteen Marine Charter Permits to operate at sites other then where they operate under their Commercial Harbor Activities Permit. In discussions with the Revenue Manager, Glen Everroad, we felt that because they do so few charters offsite and that essentially most of the amenities required by the code, vessel waste disposal, sewage pumpout, etc. are provided at their commercial harbor activity location, the Revenue Manager could go ahead and approve Marine Charter Permits at offsite locations without violating the code. As a result, we will continue to issue Marine Charter Permits to the Fun Zone Company for boarding locations other then their approved site in Balboa and will review each location on a case by case basis. The permittee has been notified. Tony Melum Acting Deputy Director hnmmphy.f m archhsghnougs planning + architecture 447 east seventeenth street costa mesa, california 92627 714 642-6055 February 1, 1995 Faysal Jurdi, PE Chief Plan Check Engineer Building Department City of Newport Beach Newport Beach, California Subject: Handicapped Accessibility Project: Commercial Dock Revision Project Newport Bay 600 Bay "R" Balboa, Newport Beach California Plan Check No.: 112-604 Owner: Balboa Fun Zone Rides, Inc. 700 E. Edgewater, Balboa, California Fun Zone Boat Co., Inc. 600 E. Edgewater, Balboa, California Dear Mr. Jurdi: I write on behalf of our Client, the Balboa Fun Zone Rides, Inc. with regard to their application for a Building Permit for the construction of the above-named project presently in plan check in your Department. The Project under consideration is a T -Shaped commercial dock, designed to moor a 103 -foot and a 113 -foot harbor cruise boat on each side of a 10'-0" wide by 90'-0" long pier, and is accessed by means of a 6'-0" wide gangway spanning 30'-0" from a 6'-0" x 6'-0" entry landing deck at the existing bulkhead level down to the new dock. See Exhibit A. The construction cost of the Project is estimated as follows: Total Dock Area: 1,608 Sq. Ft. x $34.00 / Sq. Ft. _ $ 54,672.00 Entry Landing Deck: 36 Sq. Ft. x $34.00 / Sq. Ft. _ $ 1,224.00 6'-0" x 30'-0" Steel Framed Gangway @ $36.00 / Sq. Ft. _ $ 6,480.00 Total: $ 62,376.00 All City plan check corrections on the plans we submitted have been duly addressed with the exception of the issue of handicapped accessibility which we find, after careful and thorough study, to be technically infeasible under the existing site conditions, and if implemented, will cause unreasonable hardship to our client. In this connection, we respectfully present the following Schemes and Exhibits for your review and consideration. Scheme I : Exhibit B - Technically Infeasible In order to provide a gangway and access ramps per ADA specifications (1:12 max. slope), it would require a total run of approximately 94'-0" , that is, a 30'-0" gangway that will adjust to the rise and fall of the tides, a 5'-0" landing, then a 27'-0" long fixed ramp that will terminate into another 5'-0" landing, then another 27'-0" fixed ramp. Such an assembly, if erected from our proposed 6'-0" entry landing at the bulkhead level will overshoot in length far beyond the deck of our dock and past the west property line that abuts the Ferry landing. See Exhibit B. Scheme 11: Exhibit C - Technically Infeasible To erect this same straight run assembly further to the east so that the bottom of the ramp terminates at the 'T' junction of the proposed pier, would position the access entry landing about 60'-0" away from the control booth and its remoteness will encumber the effective supervision of incoming and outgoing passengers. See Exhibit C. Furthermore, its construction will encroach into a portion of an existing dock which can not be removed. Scheme III: Exhibit D - Technically Infeasible and Unreasonable Hardship An alternate to a straight run is a "U" - shaped access ramp that will start at the bottom of the gangway with a 5'-0" landing, then a 2T-0" ramp that will terminate into a 6'-0" x 12'-0" landing, then continue with another 27'-0" ramp running the opposite direction of the first ramp. See Exhibit D. It can be noted that the last leg of the ramp falls over and beyond the proposed dock, thus requiring the construction of an additional 422.5 square feet of dock space to accommodate said ramp and required circulation space. This increase in dock width will excessively foreshorten the mooring lengths of the main pier which will prohibit the effective mooring of the tour boats. Although a mooring encroachment beyond the U.S. Project line equivalent to the beam dimension (width of the boat) of + - 30'-0" is permissible, it is almost mandatory, for reason of safety, to minimize such encroachments and stay clear of this space as much as possible due to its closeness to the travel path and maneuvering proximity of the existing Ferry service. Assuming, without concluding that this Scheme can be made to function within the limits of tolerance, the issue of cost is most significant. The amount involved in the construction of this additional dock space and handicapped ramps and landings is as follows: 422.5 square feet of additional dock space @ $34.00 / sq. ft. = $14,365.00 426.0 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 24,163.00 Percentage: 38.73 % of Estimated Project Construction Cost of $62,376.00 Scheme IV: Exhibit E - Technically Infeasible and Unreasonable Hardship The above "U" - shaped scheme may be developed into an "S" - shaped configuration where the first leg of the ramp starts from a 6'-0" x 12'-0" landing and runs the opposite direction of the gangway and terminates into a 6'-0" x 12'-0" landing, to where the last leg of the ramp starts and runs in the opposite direction of the first. See Exhibit E. This scheme, as can be noted from the Exhibit, will require a 508 square foot additional expansion of the pier to house the ramps and circulation space and, like Scheme III, such expansion will severely impact the mooring length of the east boat slip. The cost of this additional expansion area plus handicapped ramps and landings is as follows: 508 square feet of additional dock space @ $34.00 / sq. ft. _ $ 17,272.00 468 square feet of ramps and landings @ $23.00 / sq. ft. = $ 10,764.00 Total Cost: $ 28,036.00 Percentage: 44.94% of Estimated Project Construction Cost of $ 62,376.00 Scheme V: Exhibit F - Technically Infeasible and Unreasonable Hardship In an attempt to possibly reduce the area of dock expansion, Scheme V which is a modified version of Scheme III, has been developed, where the fixed ramps are made to run at 30'-0" and 24'-0" in lengths. It can be noted that the landing that connects the upper and the lower ramps encroaches further into the west end of the south pier where the existing pump station is located and this involves the relocation of said pump station at a probable cost of about $ 3,600.00. See Exhibit F. The problems encountered in this scheme are similar to that of Scheme III and the construction cost involved is as follows: 372 square feet of additional dock space @ $34.00 / sq. ft. _ $12,648.00 426 square feet of ramps and landings @ $23.00 / sq. ft. = $ 9,798.00 Total Cost: $ 22,446.00 Percentage: 35.98% of Estimated Project Construction Cost of $ 62,376.00 The Exhibits and cost analysis presented above clearly illustrate the site restrictions encountered and the excessive cost involved in our faithful attempts to make provisions for the handicapped. We are cognizant of the fact that certain benefits can be derived in providing these access ramps. The handicapped will be rightfully served with equal access, passengers and service functions will have a more gradual and a more convenient travel transition in height from the bulkhead level to the proposed dock and back. However, the facts and figures obtained from the studies made above, clearly show that the benefits derived are heavily outweighed by site and functional constraints, and above all, financial hardships. At this this juncture, therefore, we have no other recourse but to respectfully request your office, in our Client's behalf, to waive theme— -r fT(E-- 21} - requirement based on Technically Infeasible, T Section 421 (par. a1) and Unreasonable Hardship, U Section 422 (par. c)of Title 24 of the California Access Statute. As an alternate to providing access ramps for the handicapped, our Client will have personnel available during operational business hours to offer assistance to the handicapped in facilitating their means of access to and from the mooring dock of the tour boats, a service which he has provided to the handicapped in the last forty years of harbor boat tour business operation. To make the public aware of this service, a sign will be posted at the dock entry that will read: Assistance to the Disabled available upon request. We hope that this alternate measure offered will satisfy the requirement for handicapped accessibility. Thank yo v rylimucl Yrs tru , VVVVVV � C ad Q ufa za I cc: Balbo Fun Zone File your kind consideration in this regard. Inc. N E W P OR T BAY I 1 C PQn WrT 1 INF WIL c. n• v ten• n• 9ANGWAY SECTION 1-1 SCALE 1:20 EXHIBIT "A" PROPOSED PROJECT N E W P OR T BAY U.S. PROJECT LINE w ntrr 6-0"X 30'-0' GANGWAY a DOCK 1:12 MAX SLOPE (HCP) ('0r': I I 5-0' x 2T HW RAMP (1:12) G-0-x2THW RAMP (1:12) �~ m� #:::.r.N.E>:;»i:*:�»-+..................... SECTION 1-1 SCALE 1:20 EXHIBIT "B" SCHEMEI 1 N EWP O RT BAY S TICKET DOCK PLAN SCALE 1:20 1 6'-0' x 2T Hcp RAMP (i i 2) �x 2T Hcp RAMP (1:1 SECTION 1-1 SCALE 1:20 NEW 6'-0' X 30'-0' DOCK GANGWAY :12 MAX SLOPE 1 E (HCP) EXHIBIT "C" SCHEMEII NEW P OR T BAY I IQ OQl1 IF/:T I INF NFW 6'-0' X 30'-0' GANGWAY SECTION 1-1 SCALE 1:20 EXHIBIT "D" SCHEME III NEW PO R T BAY U.S. PROJECT LINE NF W c_n- v on -s- r_ a kl O -AMA V SECTION 1-1 " SCALE 120 EXHIBIT "E SCHEME IV NEW P OR T BAY U.S. PROJECT LINE uFw a_n- v an -s- reurwev SECTION 1-1 " SCALE 1;20 EXHIBIT "F SCHEME V be: City Manager City Attorney Tony Mellum Lloyd Dalton Pp�T } CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 C��IFpFN P BUILDING DEPARTMENT _ DOCUMENTATION OF UNREASONABLE HARDSHIP [�4 Finding of unreasonable hardship for projects under $50,000* (Sec. 110A(b)11B & 110A(b)11A5, Exc. 1, T24) [�] Other , i owe 3-/ 4f 22 G 1 Job Address: G00 EAY "r" Suite Number: Distribution: [ ] Owner [X] Petitioner [ ] Inspection [ ] Plan Check [X] File Project Info: P.C.# Permit # Use Stories Total cost of construction contemplated ................. $ 3 6.40 Cost of providing compliance ............................ $ IM, 16131co Identify the accessibility features which will NOT be brought into compliance if the request is granted. Provide an estimate of the cost of compliance for each item. Parking........................................... S Path of travel to the entrance .. ............... $ Entry [ ] ramp [ ] door [ ]landing ............. $ Path of travel within the facility ............ $ Path of travel to the sanitary facilities .......... $ Sanitary facilities (bathrooms) .................... $ Path of travel to the drinking fountain(s) ........ $ Drinking fountain(s) .. ... .. ... ............... $ Path of travel to the public phone(s) .............. $ Publicphone(s).................................... $ Other: $ $ TOTAL $ 3300 Newport Boulevard, Newport Beach Identify the accessibility features and equivalent facilities which will be provided or brought into compliance as required by Code. Provide an estimate of the cost of each item. G ! -710 • Additional Information: F5Describe the impact of required access improvements on financial asibility of th�project. U) LA,- S u � 6 Describe the nature of accessibili y which would.be gained or lost. 7 Describe the nature of the use of the facility under construction and its availability to disabled persons. .�� ray V5 - The petitioner understands that although the City may approve this request of unreasonable hardship and the p osed equivalent access, the City reserves the right to req4ir\e addi i nal access compliance upon receiving a complaint of inadequate a essAtis location. 81Petitioner's signature: FOR CITY'; USE OKY 1. Total cost of pro ed const ction ................... $ 612 WA(a 2. Cost of disabled cc ss im rov ments ............... $ 'EApprov!eenied by: ate: le" zq*T is in 1981 dollars, a o imately 72,383 in 1992 ollars. ada/dochard9-94 NEWPORT BEACH MUNI. CODE SEC. DESCRIPTION OF VIOLATION(S): NOTICE OF VIOLATION ; CITY OF NEWPORT BEACH NO. E f FIRE AND MARINE DEPARTMENT l MARINE ENVIRONMENTAL MANAGEMENT 4 WARNING ONLY CODE ENFORCEMENT PREVIOUSLY ADVISED i 3300 NEWPORT BLVD. FINAL WARNING NEWPORT BEACH, CA. 92663 (949) 644-3043 Date /I,/ Time An inspection of the premises located at /m) _ r - _3! ' ' in the City of Newport Beach, revealed a violations) of.the Newport Beach Municipal Code. Name of owner or business: Address if different: : NEWPORT BEACH MUNI. CODE SEC. DESCRIPTION OF VIOLATION(S): 14— TO CORRECT THIS VIOLATION: i; _ ' ' 6e -.,,� e5 THIS VIOLATION MUST BE CORRECTED BY dX,�"" If the violation is not corrected by the date specified, an ADMINISTRATIVE CITATION will be issued and penalties will begin to accrue ,($100.00, -$200.00: AND $500.00) each day. :Additional enforcement actions such as administrative abatement, civil penalties, revocationof permits, recordation, of notice of violation, withholding of future municipal permits, criminal prosecution ,and/or civil injunction may be utilized to correct this violation(s). In addition, a 10% late fee will be charged on any reinspection invoice not paid by the due date. A REINSPECTION WILL BE MADE ON OR AFTER THE CORRECTION DATE IF THE CORRECTION(S) IS NOT COMPLETED AN ADMINISTRATIVE CITATION WILL BE ISSUED AND FEES WILL BEGIN TO ACCRUE. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on the date shown above. GNATURE OF ISSUING OFFICER ' PRINT NAME OF ISSUING OFFICER ID# f ¢•_-. _ uo. tom. DATE v iOLATION CLEARED WHITE (Violation Copy) CANARY (Last Notice Copy) PINK (Hearing Copy) GOLDENROD (Officer Copy) E 1 Ty ca cif �T' I p 2 :oma y ZT 7 I Z� n I T T . M f r rn -vo � ora o���g g ill l , T p rail ' ` S c`. 1I! m � a ' ) ^+ " � y a - A.A. m as z CO ra V l' `xm 7 C>rn Lr) i] --] p I a� m r30 o G- =z O omzm o> �_ ZO p �ro y m mo am �3b 0 � A 1Q o o O Ft' m m m 7 > j �o \ z y Z. m m •i 1 m p p p p z m c n oGZ � n A c o 1 O ^I m Tj m co w i g C � a f �c qN s qNin a Z m m 7 a5 POST 0 1 FA CITY OF NEWPORT BEACH C',yG/ pp RNP June 19, 1979 Dal Grettenberg Fun Zone Boat Co. 700 Edgewater Balboa, CA 92661 Dear Mr. Grettenberg; Your request to use the Balboa Island Ferry Company marine ways to haul out the Tiki is approved subject to: 1. Maximum time the marine ways to be occupied by the Tiki to be 24 hours. 2. No maintenance works to be performed on the Tiki. 3. The date for the haul out shall be June 20, 1979. Sincerely Glen E. Welden Tidelands Administrator GEW:mw City Hall • 3300 Newport Boulevard, Newport Beach, California 92663 ���� d'Ft �..� P, fes, � CITY of NEWPORT BEACH lbz a..7. Q3 J 3 3I T O L.B. v -oo100 PIER O n L I A BAY i�idSTI1J6 -- � � C:��, P I E �3uLrcHEAD /C' Ol No PREMI KIG c.. �q /� O 4 2 IMl /� SCALE IN MILES PROFILE O VICINITY MAP SCALE; 1,44FT -NEWPORT HARBOR, CALIFORNIA = rixls INS LA�NDING� I i \ W N E W P O R T B A Y 1 RXIN6 120C,I, Wi4TEtQ LINE I DOCK RIS,- N --t7rs.--PROJ6GT LINE G -B I-I<HWAD.. z W �W 1 2 3 4 5 6 � I i�W J� = - W 85,33 Bs, 33 -Sr-33 - 35c 13 — X33- i —35.13 w N -SAY DZ TRACT - C31.ACK 57 o io so so Ao eo ioo SCALE: I: so "I I APPLICANTS NAME;DALEOAFUN'ZON1z,RIDSS,INC, TRA CT:SAYSIDS BLOCK; 9-7 LOTI-6 JOB ADDRESSGoo R. SAY IR, CONTRACTORS' `RINZ D^L8oAt CALIFORNIA 92GGt =WmucncNCo. D A TE; G/30/94 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. THIS PERMIT IS NOT TRANSFERABLE WITHOUT THE WRITTEN CONSENT OF THE CITY HARBOR COORDINATOR OR CITY COUNCIL THE RIGHTS GIVEN UNDER THIS PERMIT ARE PERMISSIVE ONLY AND THIS PERMIT MAY BE F�10E�6�l-iFli'rG..611�INgL IN ACCORDANCE WITH4�1,144 TY OF TH1;�7� E. /401 it CITY HA 1IWATOR iii —40 4 '5141 95' PERMIT N0. f DATE SPECIAL CONOMw4s., Corps OF Engineem Per t k7/6/7s- Or*rage City Permit oast -542/ - l a0 /c/� I HOME Gene McClung 49 N. La Senda Laguna Beach, CA 92651 949 499-2494 i Fax 949 499-5805 e-mail gene2227@aol.com i I F11 Fl nine 'V Ic OCTOBER MARCI 1 -Cal I I 7 Day Beefy National _­,_ Calif Humpback • Nawaian NOnn nfi WhaleObseru Culture �llftism Par an[i 1c n"" Hr -ORN, 10-11-7 MARCH -SEPTEMBER nine 'V Ic OCTOBER MARCI • 3 - • Cora1� Vo cano 7 Day Beefy National -' Expedition Ecology Humpback • Nawaian NOnn nfi WhaleObseru Culture �llftism Par an[i 1c n"" Hr 0 Its H �ayxpedit�onsRi F�e1dEncotrnters mmai p�� A1. eiForest i[1 Exorat�on aitallnalys�s Obse fi a -MADOn p � � •Humpback •Haw • Hono�uiu 3 • Coral � uolcaino� a�an 7 Dai R VV cul Off Its H SUMMER SCHEDULE Combination of trip 1 & 2 FARES 90 Minute Cruise Adult $9 Child $2 45 Minute Cruise Adult $6 Child $2 SHOWBOAT SUNSET CRUISE 60 Minute Bay & Ocean Cruise Leaves Promptly at 7:00 pm Adults Children Under 12 Children Under 5 $8.00 $2.00 Free 4 BOAT S A\BAILABLE, FOR PRIVATEHA T ; MEETINGS, R C PTION , PARTIES The Balboa Fun Zone - one of Southern California's oldest and last great coastal amusement areas. Located on the Balboa Peninsula of Newport Beach, the Fun Zone continues to compete with Orange county entertainment giants, Disneyland and Knott's Berry Farm, as the fun place to go. For a fun day at the beach or a fun night on the town, the Balboa Peninsula has had something for everyone for over 50 years. Many remember when the beat of the big bands was broadcast live over national radio from Balboa's famous Rendezvous Ballroom. Whether it's basking on Balboa's pristine beaches or explor- ing the sights of this picturesque community, you'll find plenty to do. There's the Balboa Pier, built on the site of Glen Martin's his- toric first water -to -water flight, from Balboa to Catalina in 1912, and is one of the few piers to survive undamaged by Southern California's destructive coastal storms of the 80's. There's the Catalina flyer, one hour to Catalina Island, the Balboa Island Ferry, only 35 cents, the harbor cruises, whale watching cruises, sport fishing, quaint shops, and great restaurants. And, of course, there's the Balboa Fun Zone. Since 1936, the Fun Zone's ferris wheel has been a day and night landmark on the Newport Harbor scene, beckoning all to join in the fun. Completely rebuilt from the ground up in 1986, the Fun Zone's ferris wheel, merry-go-round, bumper cars, scary dark ride, arcades, fun food, and shops, still make it the highlight of every visit to Balboa. All Rides Open Daily FUN ZONE BOAT CO. INC. 600 Edgewater Place Balboa, California 92661 tel: 714 - 673-0240 fz: 714 - 673-0240 600 Edgewater Place Balboa, California 92661 tel:(714) 673-0240 fax: (714) 673-8413 Re: Boating Safety Forum Newport Harbor Cruise "Belle" "Queen" "Tiki" "Showboat" "Phoenix" Education, information and communication were stressed as the key elements of conflict resolution at the June 17th boating safety forum. We at the Fun Zone Boat Company agree with the education, information, and communication elements and will actively work to meet these goals. First, we want to inform you of our tour boat schedule for the summer. The SHOWBOAT and the QUEEN leave the Fun Zone dock every thirty minutes. On the even hour and half hour (eg: 12:00 and 12:30pm) we travel west along Balboa, Collins, Harbor and Linda Islands, and pass under the Lido Island Bridge approximately 20 minutes later. We continue along Lido Sud passing Bay Island and return back to the Fun Zone dock. Departing on the odd hour and half hour (eg: 1:00 and 1:30pm), we travel east along the Balboa Peninsula, out through the channel entrance and arrive at the bell buoy about 20 minutes later. Returning form the bell buoy, we pass the Harbor Patrol Office and turn west along Balboa Island's south channel and back to the Fun Zone dock. In addition to these regularly scheduled trips we do have charters aboard the Belle, Tiki, and Phoenix. You may call our office at any time to determine our current charter schedule. We at the Fun Zone Boat Company believe that Newport Harbor is the finest recreational harbor on the coast and are proud to be a part of her recreational scene. We have been operating tour boats here for 48 years and believe our harbor should remain available to all forms of sage recreational use, from the smallest to the largest, be they motor, sail or human powered. Our captains are fully aware of the keen competitive spirit encouraged ( and required) of sailing students in order to become top competitors, and of the efforts of the various sailing organizations to temper that spirit by teaching superb sportsmanship, and sailing skills, resulting in the ability to use good judgment in difficult situations. Again, the Fun Zone Boat Company will always be committed to boating safety and will work to promote education, information and communications. Our captains will be happy to meet with your junior sailing program directors and instructors to discuss any concerns you may have regarding the safety of all. To that goal, we personally invite a representative of your organization to join us aboard one of our boats to view and discuss these issues. Sincerely, Ray and Dorothy Han t - U/f'/i 3Q" Xu (V d.> egwlc. 600 Edgewater Place Balboa, California 92661 tel:(714) 673-0240 fax:(714) 673-8413 Re: Boating Safety Forum Newport Harbor Cruise "Belle" "Queen" "Tile" "Showboat" "Phoenix" Education, information and communication were stressed as the key elements of conflict resolution at the June 17th boating safety forum. We at the Fun Zone Boat Company agree with the education, information, and communication elements and will actively work to meet these goals. First, we want to inform you of our tour boat schedule for the summer. The SHOWBOAT and the QUEEN leave the Fun Zone dock every thirty minutes. On the even hour and half hour (eg: 12:00 and 12:30pm) we travel west along Balboa, Collins, Harbor and Linda Islands, and pass under the Lido Island Bridge approximately 20 minutes later. We continue along Lido Sud passing Bay Island and return back to the Fun Zone dock. Departing on the odd hour and half hour (eg: 1:00 and 1:30pm), we travel east along the Balboa Peninsula, out through the channel entrance and arrive at the bell buoy about 20 minutes later. Returning form the bell buoy, we pass the Harbor Patrol Office and turn west along Balboa Island's south channel and back to the Fun Zone dock. In addition to these regularly scheduled trips we do have charters aboard the Belle, Tiki, and Phoenix. You may call our office at any time to determine our current charter schedule. We at the Fun Zone Boat Company believe that Newport Harbor is the finest recreational harbor on the coast and are proud to be a part of her recreational scene. We have been operating tour boats here for 48 years and believe our harbor should remain available to all forms of sage recreational use, from the smallest to the largest, be they motor, sail or human powered. Our captains are fully aware of the keen competitive spirit encouraged ( and required) of sailing students in order to become top competitors, and of the efforts of the various sailing organizations to temper that spirit by teaching superb sportsmanship, and sailing skills, resulting in the ability to use good judgment in difficult situations. Again, the Fun Zone Boat Company will always be committed to boating safety and will work to promote education, information and communications. Our captains will be happy to meet with your junior sailing program directors and instructors to discuss any concerns you may have regarding the safety of all. To that goal, we personally invite a representative of your organization to join us aboard one of our boats to view and discuss these issues. Sincerel , Ray and Dorothy Handy 600 Edgewater Place Balboa, California 92661 tel:(714) 673-0240 faz:(714) 673-8413 Re: Boating Safety Forum Newport Harbor Cruise "Belle" "Queen" "Till" "Showboat" "Phoenk" Education, information and communication were stressed as the key elements of conflict resolution at the June 17th boating safety forum. We at the Fun Zone Boat Company agree with the education, information, and communication elements and will actively work to meet these goals. First, we want to inform you of our tour boat schedule for the summer. The SHOWBOAT and the QUEEN leave the Fun Zone dock every thirty minutes. On the even hour and half hour (eg: 12:00 and 12:30pm) we travel west along Balboa, Collins, Harbor and Linda Islands, and pass under the Lido Island Bridge approximately 20 minutes later. We continue along Lido Sud passing Bay Island and return back to the Fun Zone dock. Departing on the odd hour and half hour (eg: 1:00 and 1:30pm), we travel east along the Balboa Peninsula, out through the channel entrance and arrive at the bell buoy about 20 minutes later. Returning form the bell buoy, we pass the Harbor Patrol Office and turn west along Balboa Island's south channel and back to the Fun Zone dock. In addition to these regularly scheduled trips we do have charters aboard the Belle, Tiki, and Phoenix. You may call our office at any time to determine our current charter schedule. We at the Fun Zone Boat Company believe that Newport Harbor is the finest recreational harbor on the coast and are proud to be a part of her recreational scene. We have been operating tour boats here for 48 years and believe our harbor should remain available to all forms of sage recreational use, from the smallest to the largest, be they motor, sail or human powered. Our captains are fully aware of the keen competitive spirit encouraged ( and required) of sailing students in order to become top competitors, and of the efforts of the various sailing organizations to temper that spirit by teaching superb sportsmanship, and sailing skills, resulting in the ability to use good judgment in difficult situations. Again, the Fun Zone Boat Company will always be committed to boating safety and will work to promote education, information and communications. Our captains will be happy to meet with your junior sailing program directors and instructors to discuss any concerns you may have regarding the safety of all. To that goal, we personally invite a representative of your organization to join us aboard one of our boats to view and discuss these issues. Sincerely, Ray and Dorothy Handy -I AVA 1=1_ , r r . r a i � II i J. r , , > _ l• , b f i JC4 4_ CSL. a �- I rg a n �e NO IDE EC. 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