HomeMy WebLinkAbout01-27-1986 Item #F-2a-1 -
CITY OF NEWPORT BEACH
Marine Department
January 27, 1986
TO: MAYOR AND CITY COUNCIL
FROM: Tideland Affairs Committee
SUBJECT: CITY/COUNTY NE14PORT HARBOR MOORING AGREEMENT
Recommendation:
AGENDA ITEM F.2.a.
V THE CIT"r COUNCIL
CITii 17 MEMORT BEACH
JAN 2 7 1985
APPROVE
15's W, —X
If desired, adopt Resolution No. authorizing the Mayor and City
Clerk to execute a renewed 5 -year agreement which provides for the
County to administer, regulate and enforce all City and Country
ordinances dealing with anchorage and mooring regulations.
Discussion:
Since 1976 the City and County have maintained a Joint Powers Agreement
for the purpose of mooring administration in Newport Bay. The agreement
establishes and defines responsibility of the City and County in con-
junction with anchoring and mooring a vessel on City and County owned
and controlled tidelands. The subject agreements have been for five year
periods. The current agreement was executed in 1981 and expired on
December 31, 1985.
The County of Orange has submitted a new Mooring Administration Agreement
for the period beginning January 1, 1986 through December 31, 1990, with
revised terms.
The current agreement required the City to pay the County approximately
$44,000 annually to reimburse the County for administration, regulation
and enforcement of all City and County ordinances dealing with vessels
moored to both on and off shore moorings over City tidelands. The
$44,000 figure was calculated in 1980 and has remained constant since
that date. Over the last five years the County costs have increased to
an estimated annual cost for 1986 of $53,350. The proposed agreement
provides that the City pay the County $53,350 for this mooring service in
calendar year 1986. In addition, this new agreement provides that the
City pay the County 7% inflation factor beginning in calendar year 1987
through the remaining four year term of the agreement. The 7% inflation
factor amounts to $3,735 for the first year and slightly more for each
subsequent year.
There are 1226 on and off shore moorings in Newport Bay. All but 23 of
these moorings are over City tidelands.
The proposed agreement represents a 21% reimbursement increase. The mooring
fees since the a option of the 1981 agreement, have increased 35%.
DAVID HARSHBARGER, Marine Director
Attachment
nH -dh
Agreement No.
JOINT POWERS AGREEMENT
(MOORING ADMINISTRATION)
THIS AGREEMENT made and entered into by and between CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "CITY", and COUNTY OF ORANGE,
hereinafter referred to as "COUNTY".
W I T N E S S E T H
7 WHEREAS, CITY and COUNTY entered into a Joint Powers Agreement for Mooring
8 Administration in Newport Harbor dated January 30, 1981; and
9 WHEREAS, purpose of said Mooring Administration Agreement was to,
10 "establish and define responsibilities of CITY and COUNTY in conjunction with
11 anchorage.and mooring of vessels on CITY and COUNTY owned and controlled tidelands
12 in Newport Harbor"; and
13 WHEREAS, in accordance with Agreement Clause VI, as amended, term of
14 Mooring Administration Agreement expires December 31, 1985; and
15 WHEREAS, it is in the mutual interest of CITY and COUNTY to continue the
16 previously defined responsibilities in conjunction with anchorage and mooring of
17 vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor.
18 NOW, THEREFORE, for and in consideration of covenants herein contained to
19 be mutually performed by parties hereto, said parties agree as follows:
20 I. CITY shall:
21 A. Prepare necessary billings and bill each mooring permit holder
22 annual mooring fee, for moorings located over CITY owned and
controlled tidelands and COUNTY owned and controlled tidelands.
23
B. Reimburse COUNTY as follows:
24
i. For all onshore mooring and offshore moorings over CITY
25
tidelands, $53,350 for calendar year 1986, plus 7% for
26
27 normally anticipated cost increases each year thereafter for
28 the period of this agreement.
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Agreement No.
For all off shore mooring over COUNTY tidelands, 1008 of
2
COUNTY fee per vessel per year;
3
C. Reimburse COUNTY on or before end of March, each year during term
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hereof.
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D. Should there be delinquencies in payment by a permit holder of
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annual mooring fee, reimbursement by CITY to COUNTY for services
7
rendered over CITY tidelands shall not be affected, and CITY shall
3
pay COUNTY said full fees as provided in Paragraph B. i. above.
9
However should said mooring fee be delinquent from a permit holder
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over COUNTY tidelands, reimbursement by CITY to COUNTY shall be
11
reduced proportionately for each delinquent fee. COUNTY shall be
12
responsible for collecting delinquent mooring fees over COUNTY
13
tidelands, which fees are more than ninety (90) days in arrears.
14
E. Allow the COUNTY to rent any.vacant mooring over CITY tidelands
15
and retain all rents collected therefrom.
16
II. COUNTY shall:
17
Administer, regulate and control enforcement of all CITY and
18
COUNTY ordinances dealing with anchorage and mooring regulations,
19
including, but not limited to inspection of moorings, their chains
20
and fastenings, and inspection of vessels to determine whether
21
they are moored properly and to appropriate mooring buoy(s).
22
III. Any change in size and/or location of mooring areas shall be
23
recommended by Joint Harbor Committee and Harbors, Beaches and Parks
24
Commission, and shall be approved jointly by City Council and Board of
25
Supervisors.
26
IV. Neither CITY nor any officer or employee thereof shall be responsible
27
for any damage or liability occurring by reason of anything done or
28
omitted to be done by COUNTY under or in connection with any work or
1
Agreement No.
T
activity under this Agreement. It is understood and agreed that,
2
pursuant to Government Code Section 895.4, COUNTY shall fully
3
indemnify and hold CITY harmless from any liability imposed for injury
4
(as defined by Government Code Section 810.8) occurring by reason of
5
anything done or omitted to be done by COUNTY under or in connection
6
with any work or activity under this Agreement.
7
V. Neither COUNTY nor any officer or employee thereof shall be
8
responsible for any damage or liability occurring by reason of
9
anything done or omitted to be done by CITY under or in connection
10
with any work or activity under this Agreement. It is understood and
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agreed that, pursuant to Government Code Section 895.4, CITY shall
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fully indemnify and hold COUNTY harmless from any liability imposed
13
for injury (as defined by Government Code Section 810.8) occurring by
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reason of anything done or omitted to be done by CITY under or in
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connection with any work or activity under this Agreement.
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VI. This Agreement shall remain in force and effect for five (5) years,
17
commencing January 1, 1986 and ending December 31, 1990. Either party
18
may terminate this Agreement by notifying the other -of termination in
19
writing not less than ninety (90) days prior to date of anticipated
20
termination. Because billings authorized pursuant to COUNTY and CITY
21
regulations on an annual basis, it is contemplated that this
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Agreement, should it be terminated, should be terminated on last day
23
of any calendar year. Should it be in the interest of one party
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hereto to terminate this Agreement at any other date, parties agrge
25
that cost to be rebated by CITY to COUNTY as provided above, will be, -
26
appropriately prorated for that portion of year in which CITY would be
27
obligated to undertake duties performed by COUNTY related to
28
inspection of moorings and vessels, as provided above.
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Agreement No.
IIIN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day and year first hereinabove written.
Date:
Approved as_ to form by:
Date:
Date:
CITY OF NEWPORT BEACH,
a municipal corporation of State of
California
By:
Mayor
By:
City Attorney
COUNTY OF ORANGE
By:
Chairman of the Board of Supervisors
County of Orange,
State of California
APPROVED AS TO FORM BY: Signed and certified that a copy of this
ADRIAN KUYPER, County Counsel Document has been delivered to the
COUNTY OF ORANGE, CALIFORNIA Chairman of the Board.
By: % BY.
Deputy Linda Roberts
Clerk of the Board of Supervisors
KS:vmPRO03-8 -4-
5340