HomeMy WebLinkAbout12-08-1986 Item #F-2b(3J
CITY OF NEWPORT BEACH
Marine Department
Agenda Item No.: F -2(b)
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December 8,1986 ()FC B 19051
TO: MAYOR AND CITY COUNCIL
FROM: Marine Director
SUBJECT: CITY/COUNTY NEWPORT HARBOR MOORING AGREEMENT
Recommendation:
If desired, adopt Resolution No. authorizing the Mayor
and City Clerk to execute a renewed 2 year agreement which
provides for the County to administer, regulate and enforce all
City and County ordinances dealing with the On and Off shore
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 conjunction with the On and Off shore mooring
system over both City and County controlled tidelands. Prior
agreements have been for five year periods. The current mooring
agreement will expire December 31, 1986. This agreement was for
a one year period because the County proposed a provision whereby
there would be an automatic annual increase of 7% to offset
anticipated costs. The City Council elected last year to execute
only a single year agreement.
The County of Orange has submitted a Mooring Administration
agreement for the period beginning January 1, 1987 through
December 31, 1991. The agreement proposes that the City
reimburse the County for their costs in the amount of $47,121 for
the calendar year 1987. Each of the four years after 1987 the
County anticipates a 6% cost increase factor to offset their
increases in County salaries, etc.
The City staff is recommending that the City Council authorize a
two year agreement rather than a five year agreement as proposed
by the County. Costs for the calendar year 1987 would be
$47,121. The cost for the second year (1988) would be $49,948.
The County has reduces their costs for administering the mooring
system from $53,350 to $47,121. This is a reduction of $6,229.
The County staff has indicated that they prefer a multi-year
agreement rather than agreements on a year to year basis. The
reason for this is that it reduces their staff costs by not
having to process the agreements which require Board of
Supervisors approval. The County has indicated that should the
City prefer just a single year agreement that they would need to
review the $47,121 figure for 1987 and that this figure could be
slightly higher because it was based on the hope that the City
would elect a multi-year agreement.
There are 1226 on and off shore moorings in Newport
23 of these moorings are over City tidelands.
provides that either party may terminate this
notifying the other of termination in writing not
days prior to the date of anticipated termination.
0777
David Harshbarger
Marine Director
Attachments
DH: db
Bay. All but
The agreement
agreement by
less than 90
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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
WHEREAS, CITY and COUNTY entered into a Joint Powers Agreement for Mooring
Administration in Newport Harbor dated April 1, 1986; and
WHEREAS, purpose of said Mooring Administration Agreement was to,
"establish and define responsibilities of CITY and COUNTY in conjunction with
anchorage and mooring of vessels on CITY and COUNTY owned and controlled tidelands
in Newport Harbor"; and
WHEREAS, in accordance with Agreement Clause VI, the term of Mooring
Administration Agreement will expire December 31, 1986; and
WHEREAS, it is in the mutual interest of CITY and COUNTY to continue the
previously defined responsibilities in conjunction with anchorage and mooring of
vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor.
NOW, THEREFORE, for and in consideration of covenants herein contained to
be mutually performed by parties hereto, said parties agree as follows:
I. CITY shall:
A. Prepare necessary billings and bill each mooring permit holder
annual mooring fee, for moorings located over CITY owned and
controlled tidelands and COUNTY owned and controlled tidelands.
B. Reimburse COUNTY as follows:
i. For all onshore mooring and offshore moorings over CITY
tidelands, $47,121 for calendar year 1987, plus 6% for
normally anticipated cost increases each year thereafter for
the period of this agreement.
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ii. For all off shore mooring over COUNTY tidelands, 100% of
COUNTY fee per vessel per year;
C. Reimburse COUNTY on or before end of March, each year during term
hereof.
D. Should there be delinquencies in payment by a permit holder of
annual mooring fee, reimbursement by CITY to COUNTY for services
rendered over CITY tidelands shall not be affected, and CITY shall
pay COUNTY said full fees as provided in Paragraph B. i. above.
However should said mooring fee be delinquent from a permit holder
over COUNTY tidelands, reimbursement by CITY to COUNTY shall be
reduced proportionately for each delinquent fee. COUNTY shall be
responsible for collecting delinquent mooring fees over COUNTY
tidelands, which fees are more than ninety (90) days in arrears.
E. Allow the COUNTY to rent any vacant mooring over CITY tidelands
and retain all rents collected therefrom.
II. COUNTY shall:
Administer, regulate and control enforcement of all CITY and
COUNTY ordinances dealing with anchorage and mooring regulations,
including, but not limited to inspection of moorings, their chains
and fastenings, and inspection of vessels to determine whether
they are moored properly and to appropriate mooring buoy(s).
III. Any change in size and/or location of mooring areas shall be
recommended by Joint harbor Committee and Harbors, Beaches and Parks
Commission, and shall be approved jointly by City Council and Board of
Supervisors.
IV. Neither CITY nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or
omitted to be done by COUNTY under or in connection with any work or
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activity under this Agreement. It is understood and agreed that,
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pursuant to Government Code Section 895.4, COUNTY shall fully
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indemnify and hold CITY harmless from any liability imposed for injury
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(as defined by Government Code Section 810.8) occurring by reason of
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anything done or omitted to be done by COUNTY under or in connection
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with any work or activity under this Agreement.
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V. Neither COUNTY nor any officer or employee thereof shall be
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responsible for any damage or liability occurring by reason of
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anything done or omitted to be done by CITY under or in connection
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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
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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,
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commencing January 1, 1987 and ending December 31, 1991. Either party
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may terminate this Agreement by notifying the other of termination in
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writing not less than ninety (90) days prior to date of anticipated
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termination. Because billings authorized pursuant to COUNTY and CITY
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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
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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 agree
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that cost to be rebated by CITY to COUNTY as provided above, will be
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appropriately pro rated for that portion of year in which CITY would
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be obligated to undertake duties performed by COUNTY related to
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inspection of moorings and vessels, as provided above.
IN 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:
CITY OF NEWPORT BEACH,
a municipal corporation of State of
California
By:
City Attorney
COUNTY OF ORANGE
Date: By:
APPROVED AS TO FORM BY:
ADRIAN KUYPER, County Counsel
COUNTY OF ORANGE, CALIFORNIA
By:
Deputy
KS:rmPRO03-42
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Chairman of the Board of Supervisors
County of Orange,
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chairman of the Board.
By:
Linda Roberts
Clerk of the Board of Supervisors
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BY:
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