HomeMy WebLinkAbout12-13-1993 Item #06Council Agenda Item #6 (_�fi
CITY OF NEWPORT BEACH
Marine Department
December 13, 1993
TO: MAYOR AND CITY COUNCIL
FROM: Marine Director
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SUBJECT: CITY/COUNTY NEWPORT HARBOR JOINT POWERS MOORING
AGREEMENT
Recommendation:
If desired, authorize the Mayor and City Clerk to execute a five
year extension to the Joint Powers Agreement for mooring
administration in Newport Harbor.
Discussion:
Since 1976, the City and the County of Orange have maintained a
Joint Powers Agreement for the purpose of mooring administration in
Newport Bay. The agreement establishes and defines the
responsibility of the City and the County in conjunction with the
On and Offshore mooring system over both City and County controlled
tidelands. Currently, there are twelve hundred and twenty-six
Onshore and Offshore moorings in Newport Bay, and all but twenty-
three of these moorings are over City tidelands.
The current Mooring Agreement (No. D89-035) will expire December
31, 1993. The County staff has prepared Amendment No. 1 to
Agreement No. D89-035, which will extend the original agreement for
another five year period. Additionally, the amended agreement
provides that the City of Newport Beach shall reimburse the County
of Orange for their cost in the amount of $70,852 for the calendar
year 1994, increased annually thereafter for the period of this
amended agreement by the most recent annual Cost of Living
Adjustment (COLA) factor granted by the Board of Supervisors to its
general bargaining unit, rounded to the nearest dollar. The
agreement shall remain in full force and effect until December 31,
1998.
The Marine Department is recommending that the City Council
authorize a five year extension, as proposed by the County of
Orange. 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 cost by eliminating
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EC 1 3 1993
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APPROVED
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SUBJECT: CITY/COUNTY NEWPORT HARBOR JOINT POWERS MOORING
AGREEMENT
Recommendation:
If desired, authorize the Mayor and City Clerk to execute a five
year extension to the Joint Powers Agreement for mooring
administration in Newport Harbor.
Discussion:
Since 1976, the City and the County of Orange have maintained a
Joint Powers Agreement for the purpose of mooring administration in
Newport Bay. The agreement establishes and defines the
responsibility of the City and the County in conjunction with the
On and Offshore mooring system over both City and County controlled
tidelands. Currently, there are twelve hundred and twenty-six
Onshore and Offshore moorings in Newport Bay, and all but twenty-
three of these moorings are over City tidelands.
The current Mooring Agreement (No. D89-035) will expire December
31, 1993. The County staff has prepared Amendment No. 1 to
Agreement No. D89-035, which will extend the original agreement for
another five year period. Additionally, the amended agreement
provides that the City of Newport Beach shall reimburse the County
of Orange for their cost in the amount of $70,852 for the calendar
year 1994, increased annually thereafter for the period of this
amended agreement by the most recent annual Cost of Living
Adjustment (COLA) factor granted by the Board of Supervisors to its
general bargaining unit, rounded to the nearest dollar. The
agreement shall remain in full force and effect until December 31,
1998.
The Marine Department is recommending that the City Council
authorize a five year extension, as proposed by the County of
Orange. 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 cost by eliminating
the necessity for the Board of Supervisors to approve yearly
agreements. The original agreement provides that either party may
terminate this agreement or the amended agreement by notifying the
other of termination in writing, not less then ninety days prior to
the date of anticipated termination.
David Harshbarger
Marine Director
Attachment
dherDec.93
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Project: Newport Harbor Mooring Administration Agreement No. D89-035
AMENDMENT NO.1 TO
Ca
THIS AMENDMENT TO AGREEMENT is entered into this �-a, day of
L6 / , 1993, at Santa Ana California, between the County of Orange
(hereinafter "COUNTY") and the City of Newport Beach (hereinafter "CITY").
1. On February 21, 1989 the COUNTY and CITY entered into a joint powers
agreement (Agreement No. D89-035) for mooring administration in Newport
Harbor.
2. Section VI of said agreement stipulates that the agreement shall
terminate on December 31, 1993.
3. Both the COUNTY and CITY desire to extend the term of such agreement
subject to the following amendments.
NOW, THEREFORE, COUNTY and CITY hereby agree as follows:
1. The following provisions are amended to read as follows:
IB.i. For all onshore mooring and offshore moorings over CITY
tidelands, CITY shall reimburse COUNTY $70,85.2 for calendar year 1994,
increased annually thereafter for the period of this amended agreement by the
most recent annual Cost of Living Adjustment (COLA) factor granted by the
Board of Supervisors to its General Bargaining Unit, rounded to the nearest
dollar.
�3 2. The first Section of VI is amended to read as follows:
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This agreement shall remain in full force and effect until
25 December 31, 1998.
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y 3. All other provisions, terms and conditions of Agreement No. D89-035
N
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LL shall remain unchanged and in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals
this day and year first hereinabove written.
Date: —/-7 9�
Approved as to form by:
I
CIF�ar
Date:
Date: DEC 1 4 1993
APPROVED AS TO FORM BY:
TERRY C. ANDRUS, COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
By; / / l 11,2-
/ • Deputy
KWS:nc3110116574060
A
CITY OF NEWPORT BEACH, a municipal
corporation of State of California
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Mv�ATTEST:
By:
City Clerk
City Attorney
COUNTY OF Orange
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By:
Chairman of the Board of Supervisors
County of Orange, DEC 1 4 1993
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chai an of the Bo rd
By:
Phyllis A. Henderson DEC 14 1993
Clerk of the Board of Supervisors