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