HomeMy WebLinkAbout14 - Mooring Management Services in Newport HarborCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 14
June 22, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Chris Miller, Harbor Resources Manager
(949) 644 -3043, cmiller @newportbeachca.gov
SUBJECT: Approval of a Five Year Agreement with the County of Orange for
Mooring Management Services in Newport Harbor
ISSUE:
Should the City Council approve the Cooperative Agreement with the County of Orange
for mooring management in Newport Harbor for five years?
RECOMMENDATION:
1. Approve and authorize the Mayor and City Clerk to execute a Cooperative
Agreement with the County of Orange for mooring management in Newport
Harbor for five years, and;
2. Approve Budget Amendment #BA for FY 2009/10 for the attached
Cooperative Agreement for $180,000 from Unappropriated Reserves (Tidelands)
to account #2371 -8080 (Professional and Technical Services).
DISCUSSION:
The waters of Newport Harbor are divided as either City or County Tidelands granted by
the State of California. The City of Newport Beach has 1,229 moorings over its
Tidelands and there are approximately 25 moorings over County Tidelands. Moorings
are permitted through the City or County respectively, subject to an annual permit fee.
In 1981, the City and County entered into a Joint Powers Agreement for the
administration and management of moorings in Newport Harbor. Under these
Agreements, the last of which expired in December 2008, the City paid the County to
have the Sheriff's Harbor Patrol manage the moorings, including performing regular
inspections and handling of the guest moorings. These agreements were generally
renewed as Amendments every five years. The City's payment for calendar year 2009
was $110,000.
Approval of Mooring Contract with County
June 22, 2010
Page 2
In 2009, the City of Newport Beach openly solicited bids for mooring management from
both the private and public sectors. While several proposals were received and
considered, the City Council directed staff to negotiate a contract with the County for
mooring management on May 11, 2010. A copy of the May staff report is attached.
TERMS OF AGREEMENT:
The Agreement provides for the continued management of the moorings by the Harbor
Patrol based upon the following annual payments by the City for the initial five -year term
of the Agreement based on a fiscal year from July to June:
FY2010 -11 $180,000
FY2011 -12 $207,500
FY2012 -13 $235,000
FY2013 -14 $262,500
FY2014 -15 $290,000
During the past month, staff and representatives from the County and Harbor Patrol
negotiated the terms and conditions included in the attached Agreement. The most
significant terms and conditions include:
• The Orange County Sheriff's Harbor Patrol will perform mooring management
services in accordance with Exhibit A (Scope of Services) of the Agreement.
This Scope of Services is more detailed than past mooring management
agreements. Some highlights of this revised scope are:
• Enforcement of NBMC as they relate to moorings, including issuing
Notices of Violation and Administrative Citations as designee of the City's
Harbor Resources Manger.
• Assist the City in processing mooring permit revocations and participating
in any appeal hearings.
• Assist the City in identifying any live- aboard violations.
• Establish a procedure for vessel holding tank (dye tablet) and y -valve
closure inspection for guest mooring renters who may rent on a short or
long term basis (greater than 30 days).
• Continue a cooperative approach to dealing with the sea lion issues
including relocating vessels and use of the water cannon.
• The City will invoice and collect all Mooring Permit Fees over City and County
Tidelands; 100% of the Mooring Permit Fees collected by the City for moorings
over County Tidelands will be remitted to the County. County will be responsible
for collecting all County Mooring Permit fees that are in arrears over 90 days.
• The County will establish Guest Mooring Fees over County Tidelands, and the
City will adopt these fees for City guest moorings in the City's fee schedule.
Approval of Mooring Contract with County
June 22, 2010
Page 3
The County will collect all Guest Mooring Fees over County and City Tidelands;
100% of the Guest Mooring Fees collected by the County for moorings on City
Tidelands will be remitted to the City every quarter.
ENVIRONMENTAL REVIEW:
The City Council's approval of this Agenda Item does not require environmental review.
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in
advance of the public meeting at which the City Council considers the item).
FUNDING AVAILABILITY:
This Agreement will commence on July 1, 2010. A Budget Amendment for 2009/10 is
requested for $180,000 from Unappropriated Reserves (Tidelands) to account #2371-
8080 (Professional and Technical Services).
Submitted by:
1
Chris Miller
Harbor Resources Manager
Attachments:
1. May 11, 2010 City Council Staff Report
2. Cooperative Agreement between County of Orange and City of Newport Beach
for Mooring Management
Approval of Mooring Contract with County
June 22, 2010
Page 4
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No._
May 11, 2010
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Chris Miller, Harbor Resources Manager
(949) 644 -3043, cmiller(@newportbeachca.gov
SUBJECT: Vendor Selection for Contract Negotiations for Mooring Management Services
ISSUE:
Should the City Council select a vendor and direct staff to negotiate a five -year contract to
provide mooring management services in Newport Harbor?
RECOMMENDATION:
Direct staff to negotiate a five -year contract with the Orange County Sheriff's Harbor Patrol to
provide mooring management services.
DISCUSSION:
Background
The purpose of the Mooring Management Services Agreement is to establish and define the
responsibilities of the City and a mooring management services provider in conjunction with the
mooring of vessels over City Tidelands. Currently, the City permits approximately 1,229 public
moorings (consisting of 439 onshore moorings and 790 offshore moorings) with the County
permitting approximately 25 offshore moorings over County Tidelands. On February 21, 1989,
the City and County entered into a Joint Powers Agreement for mooring management services
by the Sheriff's Department Harbor Patrol, and this agreement was subsequently amended
several times until it expired on December 31, 2008, when the rate was approximately $110,000
per year. In 2009, the agreement was extended through the calendar year at $110,000.
However, in mid 2009, the County submitted a proposal for a new five -year contract for
$264,000 representing an increase of $154,000. Because of this significant increase in cost,
and because the City had not explored the market for mooring management services, the City
determined that it was appropriate to solicit proposals from both public and private entities. To
allow time for a competitive proposal process, on January 12, 2010, the City Council authorized
an interim agreement with the County for $24,166.67 (proposed rate in the table below, per
month) for four months.
Proposal Process and Analysis
A Request for Proposals (RFP) was issued in October 2009 to seek the most cost - effective and
efficient management option available. The RFP was sent to approximately five mooring
Approval of Mooring Contract with County
June 22, 2010
Page 5
vendors in Southern California and was posted on the City's website. In summary, the scope of
services requested is as follows:
1. Near waterfront office, easily accessible by land /water.
2. Qualified office staff 8 hours a day, 7 days a week year round (as opposed to 24/7
service currently provided by Harbor Patrol).
3. Qualified on- the -water staff for at least 40 hours per week.
4. Administration and implementation of mooring rules per Title 17, as well as rules
delineated by local practice.
5. Recommendations on mooring permit revocations.
6. Provision of public access to available moorings for guest use.
7. Weekly mooring inspections for compliance with seaworthiness, operability and
nuisance requirements.
8. Written communications to permittees for biannual mooring overhaul.
9. Maintenance of the wait list.
10. Implementation of mooring transfers.
11. Updates to billing information. (Bills will still be generated through the City.)
12. Maintenance of an impound area for abandoned / found vessels.
13. Assistance to mooring permittees in maintaining safe vessel mooring during inclement
weather.
14. Annual survey of mooring fees.
The deadline for submitting proposals was November 12, 2009. Prior to this deadline, the City
received six proposals. (This includes a proposal from the Harbor Patrol who was advised by
County Counsel that they could not officially respond to the RFP. Rather, the Harbor Patrol
could submit an offer to enter into a new Joint Powers Agreement.) A review committee was
assembled to evaluate the proposals. They included:
Chris Miller
Shannon Levin
Glen Everroad
Evelyn Tseng
Seanne Carney
Don Lawrenz
Megan Delaney
Harbor Resources Manager
Harbor Resources Supervisor
Revenue Manager (Retired)
Revenue Manager, Acting
Fiscal Specialist (Billing)
Harbor Commissioner
Newport Mooring Association
A cost summary of the six proposals is outlined below; however, cost was not the sole criterion
for selection as background, experience and technical expertise were heavily weighted as well.
Contractor
BellPort Group
Beauchamp Reality, Inc.
Vessel Assist
Harbor Patrol
Marina Business Associates
Atlas Engineering
Yearly Rate 5 Year Rate
$180,000
$900,000
$237,296
$1,186,480
$238,000
$1,190,000
$290,000
$1,450,000
$300,000
$1,500,000
$393,680 Adjusted for annual cost
$1,741,520
Approval of Mooring Contract with County
June 22, 2010
Page 6
(Note: All revenue generated from mooring rentals — approximately $25,000 to $30,000 per
year at current rates — would be reimbursed to the City by the chosen contractor. These
revenues are not reflected in the numbers above.)
On December 16, 2009, the review committee conducted oral interviews with the three most
qualified contractors: BellPort Group, Harbor Patrol and Vessel Assist. On February 23, 2010,
Harbor Resources announced that staff intended to recommend to City Council that they
approve an agreement with BellPort Group. Staff had found that BellPort Group was the most
responsive to the City's RFP, and proposed the best price for the requested services. Staff was
poised to finalize a mooring agreement by the end of April 2010 due to the budget impacts of
continuing the interim agreement with the County.
On March 4, 2010, the Harbor Commission's Mooring Master Plan Subcommittee
recommended that more time be given to the decision making process so the City Council and
staff could evaluate the proposals with plenty of public input. The subcommittee favored the
Harbor Patrol's ability to provide immediate 24 hour service as well as added security in the
mooring fields. In addition, it was the general consensus at the Newport Mooring Association
meeting on May 3, 2010 (attended by 100 people) that the Harbor Patrol was the better option
for the same reasons as above.
On March 23, 2010, the Harbor Patrol provided an unsolicited letter to the City offering the
following:
1. To reduce the current interim contract amount to $15,000 /month for March through June
for a total 6 month price of $108,333. (January and February billed at $24,166.67,
March through June billed at $15,000. Current Harbor Resources budget has $110,000
for mooring services based on previous year's rates.)
2. To phase in the increase in costs for Harbor Patrol mooring management over five
years:
a. Year 1 - $180,000
b. Year 2 - $207,500
c. Year 3 - $235,000
d. Year 4 - $262,500
e. Year 5 - $290,000
f. Total cost for 5 years, 24/7 service - $1,175,000
To be fair to the other two qualified bidders, the City issued a letter and asked if they would care
to resubmit a proposal. In addition, the City asked that they also provide a separate proposal
for 24 hour service so a direct comparison could be made to the existing and proposed Harbor
Patrol's services.
Likewise, the City issued a letter to the Harbor Patrol and accepted their offer for the reduced
rate for the interim services, and also requested a separate proposal for mooring management
services 8 hours a day so a direct comparison could be made to the proposals submitted by the
other private contractors. The deadline for responses from these three qualified vendors was
April 23, 2010.
Responses to City's Request
Approval of Mooring Contract with County
June 22, 2010
Page 7
Vessel Assist was non - responsive
BellPort Group responded that their previous proposal included 24 hour on -call service within a
90 minute time frame, but if 24 hour service were requested, it might be an additional $70,000
per year ($350,000 for 5 years). However, BellPort chose to not officially submit a separate bid
because their research indicated many other mooring administrators in California did not offer
24 hour service, so it would be "both unnecessary and wasteful to taxpayers." BellPort will
continue to honor their original proposal as outlined in the attachments. If the cost for 24 hour
service were added to BellPort's proposal, the total cost over five years would be approximately
$1,250,000.
The Harbor Patrol responded that their original proposal was based on an activity cost (i.e. time
it takes to perform a function) rather than based on having staff available 24/7. They stressed
that moorings are rented on a 24 hour basis and that service is needed all day /night. They
recommended the City increase the transient mooring rental rate to help bridge the gap in costs
for services. Therefore, the Harbor Patrol did not offer a revised proposal for 8 hour service.
For Council's consideration, attached are the proposals and follow up correspondence from
BellPort Group and Harbor Patrol.
Analysis
The Harbor Patrol has extensive experience managing the City's moorings and they provide
immediate round the clock service 7 days a week. Their facility is located at the entrance to the
harbor, and is readily visible to visiting boaters. In addition, because they are a law
enforcement agency, they provide security by closely monitoring the mooring fields and those
boaters that rent moorings.
Bellport Group has an established on- the -water facility located on the Lido Peninsula which is
near the end of the harbor and arguably less convenient to the visiting boater who may be
unfamiliar with the harbor. BellPort has seasoned personnel, in -depth knowledge of Newport
Harbor, and proven ability to manage boats through their marinas and shipyard.
The principal difference between the proposals from the Harbor Patrol and BellPort Group is the
provision of immediate service 24/7 and the added security Harbor Patrol provides. Staff
agrees that moorings are rented on a 24 hour basis, and having service at all hours is desirable
to maintain a service- friendly harbor. In addition, mooring permittees often return from their
weekend trips `after hours' and sometimes find a renter on their mooring. If this happens, the
Harbor Patrol responds quickly to relocate the renter to another vacant mooring and alleviates
the problem. Also, security is another advantage that is an added benefit to the harbor.
Although the City's RFP did not request immediate service 24/7, input from mooring permittees
indicates that this is a service they value and one on which they depend. Comparing the Harbor
Patrol's revised proposal (including immediate service 24/7) with BellPort Group's proposal
(without immediate service 24/7) shows that the cost of this service is approximately $55,000
per year or $275,000 over five years. Staff believes this is a reasonable cost, especially when
the added harbor security and decades of experience of the Harbor Patrol are taken into
consideration.
Approval of Mooring Contract with County
June 22, 2010
Page 8
Staff notes that mooring management services benefit mooring permittees almost exclusively,
rather than the general public. Therefore, we suggest that the full cost of mooring management
be considered in the update of mooring permit fees.
Next Steps
Following City Council's direction to negotiate the terms of the contract for mooring
management, staff will enter into a two week negotiation period with the selected vendor.
Following the negotiation period, staff will return to the City Council in June for the final approval
of the agreement and execution of the contract. The targeted start date for this contract will be
July 1, 2010.
ALTERNATIVES:
Direct staff to negotiate a three -year contract (three -year initial contract with one (1) optional
two -year extension) with BeIIPort Group to provide mooring management services.
ENVIRONMENTAL REVIEW:
This action is not subject to the California Environmental Quality Act ( "CEQA ") because it is an
administrative activity of the City and therefore not a "project" as defined by Section 15378 of
the CEQA Guidelines.
PUBLIC NOTICE:
This agenda item has been noticed according to the Ralph M. Brown Act (72 hours in advance
of the public meetings at which the City Council considers the item).
Submitted by:
Chris Miller
Harbor Resources Manager
Attachments: Harbor Patrol Proposal
BeIIPort Group Proposal
Agreement No. OCP10 -010
Newport Harbor
(Mooring Management)
COOPERATIVE AGREEMENT BETWEEN
COUNTY OF ORANGE AND CITY OF NEWPORT BEACH
FOR MOORING MANAGEMENT SERVICES
IN NEWPORT HARBOR
THIS COOPERATIVE AGREEMENT ( "Agreement "), dated 2010, is entered
into by and between the County of Orange, a political subdivision of the State of California
(hereinafter "County ") and the City of Newport Beach, a California municipal corporation
(hereinafter "City "). The County and City may individually be referred to herein as a "Party" or
collectively as the "Parties."
RECITALS
WHEREAS, since the early 1980's, City and County have entered into a series of
agreements ( "Joint Powers Agreements') for Mooring Administration in Newport Harbor; and
WHEREAS, the purpose of these agreements was to establish and define the
obligations of City and County in conjunction with the anchorage and mooring of vessels on City
and County tidelands in Newport Harbor ( "Mooring Management Services" or "Services "); and
WHEREAS, the most recent of these agreements, Agreement No. D89 -035 entitled Joint
Powers Agreement expired December 31, 2008; and
WHEREAS, the Joint Powers Agreement has continued on a month -to -month holdover
basis since its expiration; and
WHEREAS, City issued a Request for Proposals ( "RFP ") in October 2009 to seek the
most cost effective and efficient Mooring Management Services, for which County responded
with an offer to enter a Joint Powers Agreement; and
WHEREAS, it is in the mutual interest of City and County to continue to work
cooperatively on the management of moorings on City and County tidelands in Newport Harbor;
and
WHEREAS, City and County both desire to continue to work cooperatively to identify
service enhancements and efficiencies in the management of moorings in Newport Harbor;
NOW, THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the Parties agree as follows:
1. PRIOR AGREEMENTS
City and County acknowledge that this Agreement replaces and supplants earlier
agreements between the Parties related to mooring administration, including that certain
Agreement No. D89 -035 dated February 21, 1989, as amended, entitled Joint Powers
Agreement.
2.
4.
TERM
This Agreement shall remain in force and effect for five (5) years, commencing July 1,
2010 and ending June 30, 2015. This Agreement may be renewed for up to twenty (20)
years, for periods of no more than five (5) years each, by mutual written agreement of
the Parties. When considering renewal, the Parties agree to evaluate the Scope of
Services, cost of providing services and any changes in mooring management that may
be desired. If both Parties desire to renew this Agreement, they agree to begin review of
the Scope of Services and Compensation one (1) year prior to the expiration date.
MOORING MANAGEMENT SERVICES
County, through its Sheriffs Department, shall perform Mooring Management Services
as outlined in Exhibit A Scope of Services, attached hereto and by reference made a
part hereof. In addition to the Services identified in Exhibit A, City and County agree to
work cooperatively to identify service enhancements and efficiencies in the management
of moorings in Newport Harbor. The Parties acknowledge that City is revising its
mooring transfer regulations, and the Parties agree to work together to develop a system
to implement the new regulations. Any adjustment to compensation resulting from
changes to mooring transfer regulations shall require an amendment to this Agreement.
FEES FOR ANNUAL MOORING PERMITS
A. Establishment of Mooring Permit Fees. City shall establish Mooring Permit
Fees for moorings over City and County tidelands in Newport Harbor in accordance with
Title 17 of the Newport Beach Municipal Code.
B. Collection of Mooring Permit Fees. City shall collect all Mooring Permit Fees
for moorings over City and County tidelands in Newport Harbor. County shall be
responsible for collecting delinquent annual Mooring Permit Fees over County tidelands,
which fees are more than ninety (90) days in arrears.
C. Disbursement of Mooring Permit Fees. City shall remit to County one
hundred percent (100 %) of the Mooring Permit Fees collected by City for moorings over
County tidelands annually on or before March 31 of each year during the term hereof.
FEES FOR GUEST MOORINGS
A. Establishment of Guest Mooring Fees. County shall establish fees for
transient guest use of moorings over County tidelands in Newport Harbor as part of the
OC Parks Fee Schedule. County shall recommend fees for transient guest use of
moorings over City Tidelands in Newport Harbor as part of the OC Parks Fes Schedule.
City shall adopt fees for transient guest use of moorings over City Tidelands and include
such fees in its adopted fee schedule.
B. Collection of Guest Mooring Fees. County shall collect all Guest Mooring
Fees for moorings over City and County tidelands in Newport Harbor in accordance with
County payment policies as identified in the County of Orange Accounting Manual.
2
C. Disbursement of Guest Mooring Fees. County shall remit to City one hundred
percent (100 %) of the Guest Mooring Fees collected by County for moorings over City
Tidelands quarterly in arrears, on or before the end of the month following each quarter
during the term hereof. However, County may deduct actual fees charged to County for
payment via credit cards from card issuers.
6. COMPENSATION
City shall pay County annually, July through June, in accordance with the following cost
schedule. County shall invoice the City one - twelfth (1/12) of the applicable Mooring
Management costs on a monthly basis. Invoices shall be issued on or before the first
day of each service month. The payment due date shall be thirty (30) days after the
beginning of each service month.
Fiscal Year Cost
FY 2010 -11 $180,000
FY 2011 -12 $207,500
FY 2012 -13 $235,000
FY 2013 -14 $262,500
FY 2014 -15 $290,000
The compensation amounts above do not include special analysis of mooring
information that City may request of County. Additional costs for such analysis may be
approved by the Parties' Project Managers (as defined in Section 7), and do not require
an amendment to this Agreement, up to Three Thousand Dollars and no /100
($3,000.00).
PROJECT MANAGERS
City and County shall designate Project Managers, who shall coordinate all services
provided under this Agreement and shall have the authority to act for City and County
under this Agreement. City designates its Harbor Resources Manager as its Project
Manager ( "City Project Manager "), and County designates its Sheriffs Department
Marine Operations Bureau Commander as its Project Manager ( "County Project
Manager').
8. INDEMNIFICATION
A. County. 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 activity under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, County shall
fully indemnify and hold City harmless from any liability arising out of the performance of
the Agreement or injury of such nature that it would be actionable if inflicted by a private
person, (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by County under or in connection with any work or
activity under this Agreement.
B. City. Neither County 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
City under or in connection with any work or activity under this Agreement. It is
understood and agreed that, pursuant to Government Code Section 895.4, City shall
fully indemnify and hold County harmless from any liability arising out of the performance
of the agreement or injury of such nature that it would be actionable if inflicted by a
private person (as defined by Government Code Section 810.8) occurring by reason of
anything done or omitted to be done by City under or in connection with any work or
activity under this Agreement
9. AMENDMENTS
This Agreement is the sole and only agreement between the Parties regarding the
subject matter hereof, and other agreements on this subject matter either oral or written
are void. Any amendments to this Agreement shall be in writing and shall be properly
executed by both Parties and approved as to form by County's County Counsel and
City's City Attorney,
10. TERMINATION
Either Party may terminate this Agreement by notifying the other Party in writing not less
than ninety (90) days prior to the desired date of termination. The Parties agree that any
termination of this Agreement should be effective on the last day of any fiscal year,
unless extenuating circumstances require a different date. Should termination of this
Agreement occur at any date other than the last day of a fiscal year, the Parties agree
that each Party shall remit to the other all fees and payments as provided in Paragraphs
4, 5 and 6, prorated for that portion of the year in which the Agreement remained in
effect.
11. NOTICES
Notices and correspondence in connection with this Agreement shall be addressed as
set forth below or as either Party may hereinafter designate by written notice to the
other. All notices, demands, requests or approvals to be given under this Agreement
must be given in writing and will be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States mail, postage
prepaid, registered or certified, addressed as hereinafter provided.
To County: County of Orange
OC Parks
13042 Old Myford Road
Irvine, CA 92602 -2304
Attn: Director OC Parks
With a copy to:
Orange County Sheriffs Department
Marine Operations Bureau
Attn: Lieutenant
1901 Bayside Drive
Corona Del Mar, CA 92625
To City: City of Newport Beach
Attn: City Manager
3300 Newport Boulevard
P.O. Box 1768
0
Newport Beach, CA 92658
With a copy to:
City of Newport Beach
Attn: Harbor Resources Manager
829 Harbor Island Dr.
Newport Beach, CA 92660
12. SEVERABILITY
If any portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable
by a court of competent jurisdiction, the remaining provisions of this Agreement shall
continue in full force and effect.
13. ATTORNEY'S FEES
If any legal action is necessary to enforce any provision of this Agreement or for
damages by reason for an alleged breach of any provisions of this Agreement, the
Parties agree that attorney's fees shall not be recoverable by the prevailing party.
14. COUNTERPARTS
This Agreement may be signed in counterparts, each of which shall constitute an
original.
5
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date
and year first above written.
APPROVED AS TO FORM
FIC OF TH
VV c ITY ATTORNEY
David Hunt
City Attorney
For the City of Newport Beach
Attest:
City Clerk
Signed and certified that a copy of this
document has been delivered to the
Chair of the Board per G.C. Sec. 25103,
Resolution 79 -1535
Attest:
Darlene J. Bloom
Clerk of the Board of Supervisors
Orange County, California
APPROVED AS TO FORM:
County Counsel
Orange County, California
Attachments: Exhibit A: Scope of Services
0
Citv
City of Newport Beach, a California
municipal corporation
Keith Curry
Mayor
County
County of Orange, a political subdivision of
the State of California
By:
Chair of the Board of Supervisors
Exhibit A
Scope of Services
A. Facilities and Equipment
1. Utilize Harbor Patrol's office located at 1901 Bayside Drive, Newport Beach, 92625.
2. Provide sufficient signage at Harbor Patrol's dock identifying it as a temporary public
side tie for mooring rental check in.
3. Provide at least one vessel for mooring administration duties.
4. Provide auction location at Harbor Patrol's facility.
5. Maintain an impound area for abandoned, found, and impounded vessels including, but
not limited to, Harbor Patrol facility and available City and County moorings.
Staffing
1. Provide sufficient qualified and trained office staff 24/7 to provide administration and
guest mooring check in.
2. Provide sufficient qualified field staff 24/7 for on- the -water public services including but
not limited to on- the -water inspection, administration, and guest mooring check -in.
Required services may vary seasonally.
C. Administration
1. Document current mooring locations and coordinate with City staff to record locations.
Create a visual mooring field mapping system.
2. Maintain mooring and permittee information, including information on the availability of
moorings for transient guest rental, in a management database and establish a mailing
system for inspections and auctions. Make information available to City electronically, to
the extent allowed by County's computer protocols, or in other format if data cannot be
provided electronically. If County is unable to provide City with data in a form that City
can use for analysis, City may request that County perform the analysis, which may
result in extra costs to City.
3. Provide the City with updated billing information.
4. Maximize transient rental revenue and use by providing public access to available
vacant moorings for guest use in accordance with established rules and procedures and
Newport Beach Municipal Code ( "NBMC ") Title 17. Assist transient renters with safe
vessel mooring as needed.
5. Assist City in the location of current owners of abandoned /found vessels on moorings. If
vessel owner is not located, assist City with subsequent auction by processing lien sales
and providing access to County approved contractors for the disposal of vessels not sold
during lien sales. City shall be responsible for disposal fees.
6. Develop a Letter of Permission procedure for temporary mooring usage by a third party.
D. Enforcement of Codes, Rules and Procedures
Enforce all provisions of NBMC Title 17 as they relate to moorings over City tidelands,
as they may be amended from time to time, including issuing Notices of Violation with
timelines for correction, issuing City Administrative Citations as designee of City's
7
Harbor Resources Manager and communicating with City regarding City issuance of
Administrative Citations.
2. Conduct investigation of code violations and recommend mooring permit revocation to
the Harbor Resources Manager when code compliance cannot be achieved with Notices
of Violation and Citations. Assist City in the processing of permit revocations by
participating in any appeal hearings, and impounding vessels and assisting with lien sale
if vessels are not removed by permittees.
3. Implement mooring transfers per applicable sections of the Municipal Code and
established local procedures and forms.
4. Manage the mooring area permits issued to the Yacht Clubs per the requirements of the
Municipal Code.
5. Assist City in identifying violations of live- aboard provisions.
6. Ensure that the rules and procedures issued by the City's Harbor Resources Manager
(Attachment 1), as may be amended from time to time, are followed.
7. Report water quality violations to City and /or appropriate agency.
8. Enforce all provisions of Division 2 of Title 2 of the Orange County Codified Ordinances
( "Harbor ") and the "Marine" section of the Orange County Parks Fee Schedule adopted
by resolution of the Orange County Board of Supervisors as those provisions relate to
moorings over both City and County Tidelands.
E. Inspections
1. Establish routine weekly inspection services to properly monitor mooring equipment and
mooring availability per the attached mooring regulations and specifications.
2. Maintain the mailing list and timing for mooring inspections and overhauls which occur
every two years. Ensure these inspections and overhauls are completed. Provide
written notification of permittee's failure to comply with inspection and overhaul
requirements.
3. Provide weekly inspection services of the vessels on the moorings as to their
compliance with seaworthiness, operability and nuisance requirements.
4. Provide weekly inspection of all on -shore moorings throughout the harbor including West
Newport (Newport Island area). Identify grounded and derelict vessels registered to on-
shore moorings.
5. Establish a procedure for vessel holding tank (dye tablet) and y -valve closure inspection
for guest mooring renters who may rent on a short or long term basis (greater than thirty
(30) days).
6. Continue the cooperative approach to dealing with the sea lion issues throughout the
year, primarily between May to October. This includes communicating with the City's
Harbor Resources Division as to which vessels have sea lion use, as well as assisting
the City with advisory calls to mooring permittees whose vessels have sea lion use.
Upon request of the Harbor Resources Manager or for vessels at risk from sea lion use,
take immediate action including use of water cannon, relocation of vessel, etc., as
appropriate.
F. Services to Mooring Permittees
1. Provide towing services associated with impound, storage and hazardous material
mitigation issues.
2. Provide information related to safe and proper mooring position to the local mooring
service contractors.
3
i
3. Provide emergency response to the mooring fields to mitigate dangerous situations in
inclement weather.
4. Weather permitting, provide call -ahead service for returning permittees to meet them at
their mooring if it has been rented to a transient guest.
0
Attachment 1
Mooring Regulations
June 2010
1. All mooring permittees must provide up -to -date telephone numbers and addresses
to the Harbor Patrol.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
If a mooring is unoccupied, it may be temporarily assigned as a mooring for guest
vessels by the Marine Operations Bureau Commander.
Vessels on moorings must be registered to the mooring permittee and assigned to
the mooring permit by the Marine Operations Bureau Commander.
it is illegal to rent a mooring to anyone. Mooring permittees may loan their moorings
to another party only with a letter of permission, submitted prior to the loan vessel
going on the mooring, and approved by the Marine Operations Bureau Commander
per Newport Beach Municipal Code Section 17.25.020(L). A mooring may be loaned
to a party other than the permittee for no more than thirty (30) days in any one
hundred eighty (180) day period.
Only one boat is allowed on a mooring at any one time with the exception of a
tender as described in Newport Beach Municipal Code Title 17.
Spreader lines must be adequately marked and buoyed at all times.
Living aboard a vessel on a mooring, without a City live aboard permit, is a violation
of the Newport Beach Municipal Code.
All offshore mooring buoys and onshore mooring posts must be painted white with
the mooring number painted in black, 3" block letters, clearly visible.
Mooring pendants must be kept in good condition at all times.
Boats over 18' in overall length are not allowed on onshore moorings.
No boats with a fixed keel, fixed rudder, or fixed underwater propulsion apparatus or
gear are allowed on onshore moorings.
Offshore moorings have been rated for a maximum size and cannot be decreased.
iul
Off -shore Mooring Specifications
1. All mooring weights must be metal.
2. All mooring buoys shall be of such type as approved by the City's Harbor Resources
Manager, painted in compliance with State regulations, with numbers assigned by the
Mooring Manager and painted per the requirements described in the Municipal Code.
3. All vessels must be moored fore and aft except in exposed areas designated as single
point areas.
4. All mooring locations must be allocated by the Harbor Resources Manager and all
moorings must be inspected before installation.
5. Top and bottom chain must be shackled together to form one continuous length.
Material other than chain may be used only upon approval of the Harbor Resources
Manager.
6. The length of chain is to be determined by the Harbor Resources Manager or his
designee and is governed by the depth of water in various mooring areas.
7. Minimum Requirements:
Lenath of boat wei¢ht of moorine size of bottom chain size of too chain
20 feet
500 pounds
Y2 inch
Yzinch
25
650
Y:
Y
30
750
Y2
YZ
35
1000
5/8
Y2
40
1500
5/8
YZ
45
2000
%
50
2000
'%
Y2
55
2500
%
Y2
60
3000
Y.
YZ
65
3000
1
70
3500
1
5/8
75
3500
1
5/8
80
4000
1
Y4
85
4500
1
%
90
5000
1
3/
95
5000
1
11
On -shore Mooring Specifications
1. All mooring weights shall be metal.
2. A 4 inch by 4 inch redwood post, painted white, and with numbers assigned painted
thereon at all times shall be placed against the seawall and project not more than 12
inches above the sand.
3. As an alternative to a post, on -shore moorings may connect directly to the seawall with
an eyebolt.
4. Buoy and post / eyebolt shall have a pulley attached with a line of not less than 3/8 inch
diameter at all times. Vessel is to be moored securely thereto, bow and stern and must
not be left on the beach.
5. Mooring buoy shall be metal or of such type as approved by the Harbor Resources
Manager, painted in compliance with State regulations, with numbers assigned by the
Mooring Manager and painted per the requirements described in the Municipal Code.
6. Minimum requirements:
Length of Boat
Weight of Mooring
Size of Chain
Length of Chain
12 feet
200 pounds
3/8 inches
25 feet
15 feet
250 pounds
3/8 inches
25 feet
18 feet
300 pounds
3/8 inches
25 feet
12
Procedures for Mooring Transfers
Whenever a person wishes to cancel his /her mooring permit and have it issued to another
person, it is permissible to do so under the following conditions:
1. The mooring equipment and the vessel currently assigned to that mooring must be sold
to the same person.
2. The mooring permit can only be put in one (1) person's name. The permit cannot be put
into a company name.
3. The seller must provide the buyer with two neatly written or typed letters. The first
letter is for cancellation of his /her mooring permit and issuance to the new permittee.
The second letter is a bill of sale, not the bill of sale form provided by the Department of
Motor Vehicles. Below are samples of the two letters which must be notarized.
4. The new permittee must re- register the vessel in his /her name with the Department of
Motor Vehicles prior to the transfer. The name on the registration must be the same as
will be on the permit.
5. A fee of $1.20 per foot of vessel length for offshore moorings and $0.60 per foot for
onshore moorings is charged for the transfer, due and payable at the time of transfer.
6. Anyone wishing to transfer a mooring must make an appointment with the Harbor
Patrol by calling (949) 723 -1002.
Sample Cancellation Letterfora Mooring Transfer
I wish to cancel my mooring permit (Mooring # ), and have it re- issued to (new
permittee's name).
Previous Mooring Permittee's Signature:
Date:
Sample Bill of Sale for Mooring Transfer
I have sold my vessel, (description: size, type, CF or Documentation numbers), along with
mooring equipment on (Mooring# ) to (new permittee's full name).
Previous Mooring Permittee's Signature:
Date:
13
City of Newport Beach NO. BA- 10BA -055
BUDGET AMENDMENT
2009 -10 AMOUNT: $180,000.00
L . ECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
X Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
from additional estimated revenues
PX from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations from unappropriated Tidelands fund balance for a cooperative agreement with
the County of Orange for marring management in Newport Harbor for five years.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
230 3605 Tidelands Fund Balance
REVENUE ESTIMATES (3609)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Amount
Debit Credit
$180,000.00 *
" Automatic System Entry. g
Signed: rP • / 6. / 0
Financial Appr I: Administrative Services Director Date
Signed:
Administrative Approval: City Manager Date
Signed:
City Council Approval: City Clerk Date
Description
Division
Number
2371 Harbor Resources - Tidelands
Account
Number
8080 Services, Professional & Technical $180,000.00
Division
Number
Account
Number
Division
Number
Account
Number
" Automatic System Entry. g
Signed: rP • / 6. / 0
Financial Appr I: Administrative Services Director Date
Signed:
Administrative Approval: City Manager Date
Signed:
City Council Approval: City Clerk Date