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HomeMy WebLinkAboutC-1707 - Mooring, anchorage in Newport HarborMARINE DEPARTMENT January 6, 1975 TO: CITY CLERK FROM: Marine Department SUBJECT: JOINT POWERS AGREEMENT (MOORING ADMINISTRATION) FILE NO. C1707C The subject Joint Powers Agreement is being revised. This pending agreement is no longer applicable. Laverne Finfrock Secretary Marine Department LF:s v JOINT POWERS AGREEMENT (COUNTY OF ORANGE) (MOORING ADMINISTRATION) THIS AGREEMENT made and entered into by and be- tween the CITY OF NEWPORT BEACH, a municipal corporation, herein- after referred to as "CITY ", and the COUNTY OF ORANGE, a body corporate and politic, hereinafter referred to as "COUNTY ": W I T N E S S E T H: WHEREAS, CITY and COUNTY have entered into a Joint Powers Agreement defining the responsibilities and duties for the administration, management and maintenance of Newport Harbor; and WHEREAS, CITY has adopted an ordinance adding Chap- ter 17.22 to the Newport Beach Municipal Code dealing with anchor- age and mooring regulations, regulating anchorage and mooring of vessels within Newport Harbor over CITY -owned and controlled tide- lands; and WHEREAS, it is in the mutual interest of CITY and COUNTY to re- establish and define the responsibilities of CITY and COUNTY in conjunction with anchorage and mooring of vessels within Newport Harbor; NOW, THEREFORE, for and in consideration of the covenants herein contained to be mutually performed by the parties hereto, said parties agree as follows: I. CITY SHALL: A. Prepare and bill each mooring permit holder the annual mooring fee, for mooring over both CITY -owned and con- trolled tidelands and COUNTY -owned and controlled tidelands. B. Reimburse COUNTY for fees for services ren- dered by COUNTY, as follows: i. Offshore moorings over CITY tidelands $1.20 per vessel foot per year; ii. Offshore moorings over COUNTY tidelands $6.00 per vessel foot per year; 0 i iii. Onshore moorings over CITY tidelands $.60 per vessel foot per year; II. COUNTY SHALL: A. Prepare and deliver to CITY on or before December 1 of each year the name and mailing address of each mooring permit holder over both CITY and COUNTY tidelands to enable CITY to accurately and in a timely fashion bill all said permit holders the annual permit fee. B. Administer, regulate and control the en- forcement of all CITY and COUNTY ordinances dealing with anchor- age and mooring regulations, including, but not limited to, the inspection of the moorings, their chains and fastenings and in- spection of vessels to determine they are moored properly and that they are moored to the appropriate mooring buoy(s). III. Any changes in the size and /or location of mooring areas shall be recommended by the Joint Harbor Committee in the Harbor 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 rea- son 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 imposed for injury (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 ac- tivity under this Agreement. V. Neither COUNTY nor any officer or employee thereof shall be responsible for any damage or liability occurring by rea- son 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 imposed for injury (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 ac- tivity under this Agreement. - 2 - • 0 VI. This Agreement shall remain in force and effect until one party notifies the other of termination in writing, not less than ninety (90) days prior to the date of anticipated ter- mination. Because billings authorized pursuant to COUNTY and CITY regulations are on an annual basis, it is contemplated that this Agreement, should it be terminated, should be terminated on the last day of any calendar year. Should it be in the interest of one party hereto to terminate this Agreement at any other date, the parties agree that the cost to be rebated by CITY to COUNTY, as provided above, will be appropriately prorated for that portion of the year in which CITY would be obligated to undertake the duties performed by COUNTY related to inspection of moorings and vessels, as provided above. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on this day of , 1975. ATTEST: MAY i 4 1975 City Clerk ATTEST: f. -,IN' " . - - ", W. E. St. John, County Clerk of the County of Orange and ex- officio Clerk of the Board of Supervisors of Orange County 4 Deputy APPROVED AS TO FORM: Adrian Kuyper County Counsel - 3 - CITY OF NEWPORT BEACH _0111, COUNTY OF ORANGE By: Chairman, Bd. of Supervisors i i APPROVED AS TO FORM: Y� B 1 _ _ . Dennis D. O'Neil, City Attorney May 16, 1975 Hoard of Supervisors County of Orange P. O. Box 687 Santa Ana, CA 92702 40 Subjects Joint Powers Agreement between County of Orange and the City of Newport Beach Regarding Responsibilities for Anchorage and Mooring Facilities in Newport Harbor C -1707 Enclosed are the original and two copies of subject agreement, which have been duly signed by the City of Newport Reach. The agreement was authorized by the adoption of Resolution No. 8485. After the Hoard of Supervisory approves and signs the agreement, please return a fully executed copy to my office for our records. Laura Lagios, CMC City Clerk LLsswk one. cc; City Manager Marine Director s RESOLUTION NO. 8485 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINT POWERS AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE PROVIDING FOR THE SETTING OF RESPONSIBILITIES IN CONNECTION WITH THE ANCHORAGE AND MOORING FACILITIES IN NEWPORT HARBOR WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain joint powers agreement between the City of Newport Beach and the County of Orange pro- viding for the setting of responsibilities in connection with the anchorage and mooring facilities in Newport Harbor; and WHEREAS, the City Council has considered the terms and conditions of said agreement, and found them to be fair and equitable and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 12th day of May , 1975. Mayor ATTEST: City Clerk DDO /bc 5/6/75