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HomeMy WebLinkAboutF-2b - City/County Newport Harbor Mooring Agreement(3J CITY OF NEWPORT BEACH Marine Department Agenda Item No.: F -2(b) Y""" HE °Civ 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 1 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 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. -1- 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 1 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, 1987 and ending December 31, 1991. Either party 16 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 `4) hereto to terminate this Agreement at any other date, parties agree 25 that cost to be rebated by CITY to COUNTY as provided above, will be 26� appropriately pro rated for that portion of year in which CITY would 27 be obligated to undertake duties performed by COUNTY related to 28 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 rl) n l) 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 -4- BY: 4-