HomeMy WebLinkAbout06 - Mooring AdministrationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. ;6
December 12, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division (City Manager's Office)
Tom Rossmiller, Manager Harbor Resources, 949 -644 -3041
trossmillerOcity .newport- beach.ca.us
Dave Kiff, Assistant City Manager, 949 -644 -3002
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SUBJECT: Extension of a Joint Powers Agreement for Mooring Administration
ISSUE:
Should the City authorize the extension of a Joint Powers Agreement (D89-035) with
the County of Orange for mooring administration in Newport Harbor for two additional
years?
RECOMMENDATION:
Approve the extension of the Joint Powers Agreement (D89 -035) with the County of
Orange for mooring administration for two additional years.
DISCUSSION:
Background
On January 6, 1987, the City and County first entered into a Joint Powers Agreement
for mooring administration in Newport Harbor. The agreement was substantially revised
on February 21, 1989 and is the underlying agreement for the proposed amendment.
The purpose for the revised agreement was to "establish and define responsibilities of
City and County owned and controlled tidelands in Newport Harbor ".
Extension of a Joint Powers Agreement
For Mooring Administration
December 12, 2006
Page 2
Terms of Agreement
Under this agreement; the City prepares billings and collects fees for mooring on City
and County controlled tidelands. The City will also reimburse the County for related
Sheriffs Harbor Patrol services; in the sum of $97,091 for calendar year 2006, .
increased annually thereafter for two years at. the most recent Cost of Living Adjustment
(COLA) factor granted by the Board of Supervisors to the law Enforcement Bargaining
Unit. The City. also "remits to the County all fees collected . annually for offshore
moorings over County tidelands.
The County will administer, regulate and control enforcement, all City and County
ordinances pertaining to anchorage and mooring regulations. By the terms of this .
agreement, the County is responsible for inspections of moorings (buoys, chains;
fasteners, and anchors). and inspections of vessels to ensure proper mooring usage.
Any change in the mooring area size and location requires the joint approval of City
Council and the Board of.-Supervisors.. In addition, the County agrees to charge the
same fee per linear foot per year as the City for its permanent moorings. Currently, this
fee is $20.00 per linear foot of mooring per year.
The agreement shall remain in full force for the two years and may be terminated by
either party by notifying the other party not, less than ninety days prior to the anticipated
termination.
The Harbor Resources Division has evaluated the terms of this amendment and the
original agreement and finds that the level of services performed by both jurisdictions
and the reimbursement provided to the County for mooring administration is fair and
equitable. Provided below is a discussion of alternatives.
Environmental Review:. The City Council's discussion of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be 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 is funded in the current FY 2006/2007 budget.
Alternatives: The only other feasible alternative is to hire additional staff and perform
the administration of moorings over City Tidelands. It is estimated that City
Administration of the Tidelands would require one Code and Water Quality Enforcement
Officer and one Department Assistant at a minimum and would cost approximately
$161,000 including salary and benefits. This alternative would only provide eight hours
per day and five days per week coverage. The Harbor Patrol currently provides 24
Extension of a Joint Powers Agreement
For Mooring Administration
December 12, 2006
Page 3
hours per day, seven days per week contact with the public for mooring administration
including short- term rental to transient vessels.
Prepared by:
Submitted by:
69;t.., Aen
Tom Rossmiller, Harbor Resources Manager Dave Kiff, Assistant City Manager
Attachments: Amendment No. 3 to the Joint Powers Agreement
Joint Powers Agreement D89 -035
PROJECT: Newport Harbor Mooring Administration Agreement No.89 -035
AMENDMENT NO. 4
2 JOINT POWERS AGREEMENT
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THIS AMENDMENT TO AGREEMENT is entered into this day of
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2003, at Santa Ana, California, between the County of Orange (hereinafter referred
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to as "COUNTY ") and the City of Newport Beach (hereinafter referred to as "CITY ").
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RECITALS
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8 WHEREAS, on February 21, 1989, the COUNTY and CITY entered into a Joint Powers
9 Agreement (Agreement No. D89 -035, hereinafter referred to as "AGREEMENT ") for mooring
10 administration in Newport harbor through December 31, 1993; and
11 WHEREAS, the term of said AGREEMENT has been extended until December 31, 2006 by
12 subsequent amendments thereof; and
13 WHEREAS, by Resolution No. 01 -428 the COUNTY did amend the "Harbors, Beaches and
14 'Parks Fee Schedule - Permanent (Newport) Mooring as follows:
16 "Fees per linear foot per year shall be the same amount as set by the
16 City of Newport Beach for its permanent moorings in Newport Harbor "; and
17 WHEREAS, it remains in the mutual interest of CITY and COUNTY to continue the
18 previously defined responsibilities in conjunction with anchorage and mooring of
19 vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor; and
20 WHEREAS, CITY and COUNTY desire to extend the term of the AGREEMENT subject to
21 the following amendments.
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PROJECT: Newport Harbor Mooring Administration
Agreement No.89 -035
NOW THEREFORE, COUNTY and CITY hereby agree as follows:
1. The following provisions of the AGREEMENT are amended to read as follows:
I.B.i. For all onshore and offshore moorings over CITY tidelands,
CITY shall annually reimburse COUNTY $97,091 for calendar year 2007,
increased annually thereafter for the period of the amended agreement by
the most recent annual Cost of Living Adjustment (COLA) factor granted by
the Board of Supervisors to its Law Enforcement Bargaining Unit, rounded
to the nearest dollar.
I.B.ii. For all offshore mooring over COUNTY tidelands, CITY shall
annually collect and remit 100% of County fee per linear foot of the
vessel per year. The fees per linear foot per year shall be the same
amount as set by the CITY for its permanent moorings in Newport Harbor.
2. The first sentence of Section VI is amended to read as follows:
This Agreement shall remain in full force and effect for two (2) years,
commencing January 1, 2007 and ending December 31, 2008.
3. All other provisions, terms and conditions of the AGREEMENT shall remain
unchanged and in full force and effect.
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PROJECT: Newport Harbor Mooring Administration
Agreement No.89 -035
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3
to AGREEMENT on this day and year first hereinabove written.
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A CITY OF NEWPORT BEACH, a municipal corporation
FATTEST:
City Clerk
JAPPROVED AS TO FORM:
City Attorney
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
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Mayor
COUNTY OF ORANGE, a political subdivision
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
BENJAMIN P. DEMAYO
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
Chairman of the Board of Supervisors
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PROJECT: 'Newport Harbor Mooring Administration
AMENDMENT NO. 3
JOINT POWERS AGREEMENT
Agreement No. D89 -035
THIS AMENDMENT TO AGREEMENT is entered into this J Cd day of
�'0'34�4at Santa Ana, California, between the County of Orange (hereinafter referred
to as "COUNTY") and the City of Newport Beach (hereinafter referred to as "CITY -).
RECITALS
.WHEREAS, on February 21, 1989, the COUNTY and CITY entered into a Joint Powers
agreement (Agreement No. D89 -035, hereinafter referred to as "AGREEMENT ") for mooring
administration in Newport harbor through December 31, 1993; and
WHEREAS, the term of said AGREEMENT has been extended until December 31, 2003 by
;ubsequent amendments thereof; and
WHEREAS, by Resolution No. 01 -428 the COUNTY did amend the "Harbors, Beaches and
,arks Fee.Schedule- Permanent (Newport) Mooring as follows:
"Fees per linear.foot pel- year shall be the same amount as set by the
City of Newport Beach for its permanent moorings in Newport Harbor"; and
WHEREAS, it remains in the mutual interest of CITY and COUNTY to continue the
reviously defined responsibilities in conjunction with anchorage and mooring of
essels on CITY and COUNTY owned and controlled tidelands in Newport Harbor; and
WHEREAS, CITY and COUNTY desire to extend the terns of the AGREEMENT subject to
he following amendments.
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[PROJECT: Newport Harbor Mooring Administration Agreement No. D89 -035
NOW THEREFORE, COUNTY and CITY hereby agree as follows:
1. The following provisions of the AGREEMENT are amended to read as follows:
.I.B.i. For all onshore and offshore moorings over CITY tidelands,
CITY shall annually reimburse COUNTY $89,785 for calendar year 2004,
increased annually thereafter for the period of the amended agreement by
the most recent annual Cost of Living Adjustment (COLA) factor granted by
.the Hoard of Supervisors to its Law Enforcement Bargaining Unit, rounded
to the nearest dollar.
I.B.ii. For all offshore mooring over COUNTY tidelands, CITY shall
annually collect and remit 100W of County fee per linear foot of the
vessel per year. The fees per linear foot per year shall be the same
amount as set by the CITY for its permanent moorings in Newport Harbor..
2. The first sentence of Section VI is amended to read as follows:
This Agreement shall remain in full force and effect for three (3) years,
commencing January 1, 2004 and ending December Al, 2006.
3. All other provisions, terms and conditions of the AGREEMENT shall remain
unchanged and in full force and effect.
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11PROJECT: Newport Harbor Mooring Administration Agreement No. D89 -035
IN WITNESS WHEREOF, the parties hereto. have executed this AMENDMENT N0. 3
to AGREEMENT on this day and year first hereinabove written.
CITY OF NEWPORT BEACH, a municipal corporation
ATTEST By:
City Clerk Mayor
nF Ht'�4e
TO FORM:
COUNTY OF ORANGE, atpooll cal subdivision
By�E,gil�,
Chairman of the Board of Supervisors
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
4 erO
O
V
By
DARLENE J.
Clerk of the Board of Supervisors of
Orange County, California
(APPROVED AS TO FORM
BENJAMIN P. DEMAYO
COUNTY COUNSEL R
ORANGE COUNTY, CALIFORNIA !/
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IN
714 8348812; 11/05/08 16:35; #602;Pege 7/10
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'mss AGFJMMM Wade and entered imo by and between CITY or NEWPORT REWR,
a municipal oorporatioA, bereinaf ter referred to as `CITY', and COMITY OF CRUM,
hereinafter referred to as 'COMITY".
1?_ITN88SS�R
WHBPRAS, CITY and COMITY entered into a Joint Powers Agreement for Mooring
Administration in Newport Harbor dated Oannary 6. 1487# and
N08, purpose of said Mooring Administration Agreement was to,
*establish and define responsibilities of Crrr and COMITY in conjunction with
anoborage and mooring of vessels on CrTT and CO=r owned and controlled tidelands
in NeVWt Harbor•: and
W BAS, in accordance with Agreement Clause III, the term of Mooring
M"Aistratioa Agreement will expire December 31, 1988# and
INIZEMP it is in the mutual interest of CITY and COMITY to 000tinue the
previously defined responsibilities in conjunction with anchorage and mooring of
vessels aA CITY and COMITY rimed and controlled tidelands in Newport zarbor.
WWI TWEPM, for and in Consideration of covenants herein contained to
be antaally performed by parties hereto, said parties agree as follower
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.
8. Reimburse COMITY as follows:
I. Por all onshore mooring and offshore moorings over CITY
tidelands, ¢52,945 for calendar year 1909, plus 68 for
normally anticipated oust inareases each year tb"eafter for
the period of this agreement.
ii. For all off shore mooring over CONY tidelands, 100a of
COMFIT Des per vessel. -per year;
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C. Reimburse COMMY on or before and of March, each year during terra
hereof.
A. Should there be delinquencies in papment by a permit balder of
annual mooring lee, reimbarsemsnt by CM to Comm for services
reudered over CITY tidelannds $hall not be affected. and CITY shall
pqy coumr said lull fees as Ptovidad irc Paragraph B. L. above.
eowever sboaid said woorlug fees be delinquent from a Pe=t
balder over C9OMY tidelandsr teiahorsomegt by CITY to CWMn
shall be reduced proporticnat -IY for each deliwpmt fee. COMMZ
shall he responsible for collecting delinquent mooring fees over
CoVm tidelands, which fees are nose than ninety (90) days in
arrears.
B. Allow the CotMff to rent any vacant mooring over 01T7 tidelands
and retain all rents collected tbetefrom.
II. COWPFY shells
AWnister, regulate amd control eRfotoement of all CITY and C
ordinance8 dealing with anchorage and mooring reg�tions. including,
but not limited to iMpautiom of moorings* their chains and
€esteniM, and inspection Of Vessels to detexadne whether they are
moored properly and to apropriate mooning bacy(9)-
III .# Any change in sire and/or location of sooting areas shall be
racomeuded by Harbors. 8aaahes and Parks COmi.ssios• and Shall be
mcord jointly by -City Council and Board of Sapervisora.
IV. Neither CITY nor any officer or QMIOyee thereof shall be tespousible
for any damage or liability axnrtin9 by reason of anything done or
quitted to be done by COMM Ueeer or in connection with any work or
activity under this Agreement. it is understood and agreed that,
pursuant to Covataaent Code section 895.4, C shall fully
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indemnify and hold CM harmless from any liability imPosed for injury
(as defined by Government Code Section 810.8) oacarring by reason of
anything done or aaftted to be done by COMM under or in connection
with any Monk or activity under this Agreement.
V. Neither COMM nor any officer or ,emplOrm thereof shall be
respousible for any dawage or liability occurring by reason of
anything done or omitted to be done by CITY under or in conaeaticm
with any work ac activity under this Agreement. It is understood and
agreed that. pursuant to Goverrm m+t Code section 895.t* CITY shall
fully indemnify and hold COMM harmless from any liability loomed
fwc injury Cas defined by Coveramont Code Section 810.8) occurring by
reason, of anything donne or 'omitted to be done by CITY under or in
connection with amp work or activity under this Aa*ement.
vi. This agreement shall remain in forms and effect for five (5) Yes*
oammen.ing January Ls 1989 and ending December 310 1993. Either patty
m W terminate this Agreement by notifying the Other of terminatiai in
Writing tut less than ninety (90) days prior to date of anticipated
termination. Because billings authorimed pernaant tO COO= and CITY
regeatiuna an an annual basis* it is contemplated that this
Agreement* abmaa it be terminatios should be terminated cu last day
of any calendar year. Sbeuld it be in the interest of one party
hereto to terminate this Agreement at as other date* parties agree
that cost to be related by CITY to CbONy as provided above* will be
Appropriately pro rated for that portion of year in which CITY womLd
be obligated to undertake duties performed by CEO M related to
iaspeation of moorings end vessels* as provided above.
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Agreesent No. D09 -035
lx NTT=S WMMWO the parties hereto have set their hands and seals this
and year fleet hereinabove written.
i
CIJIT OF Umm BSUMO it uuniatpal
corporation of state of Calif=nia
r
COUM of am ,.
vt/ /,q 914
Cbalwan of the Board of sor9
County of Orange,
State of California
nV As TO FC01ct Sr: Signed and certified that a CM of this.
9 3QVM Comm COULMM Document bas been delivered to the
08 OKUM, CALMKINrA Chair of the Board
VL !
By. .
Aepnty Linda D. Rixth
Clerk of the Hoard of Supervisors
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