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pending agreement is no longer applicable.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
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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;
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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.
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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
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CITY OF NEWPORT BEACH
_0111,
COUNTY OF ORANGE
By:
Chairman, Bd. of Supervisors
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APPROVED AS TO FORM:
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_ _ .
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