Loading...
HomeMy WebLinkAboutF-2a - City/County Newport Harbor Mooring Agreement-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. -3 - 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 4 hereof. 5 D. Should there be delinquencies in payment by a permit holder of 6 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 10 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 11 agreed that, pursuant to Government Code Section 895.4, CITY shall 12 fully indemnify and hold COUNTY harmless from any liability imposed 13 for injury (as defined by Government Code Section 810.8) occurring by 14 reason of anything done or omitted to be done by CITY under or in 15 connection with any work or activity under this Agreement. 16 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 22 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 24 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. -3- 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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