HomeMy WebLinkAboutC-1780 - Offshore mooringWrrA"#\1r!9%1ft CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd,
Area Code 714
673 -2110
DATE
s
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C -1780
Description of Contract Anchorage and Moorings
Authorized by Resolution No. 8677 , adopted on January 12, 1,976
Effective date of Contract 1 -27 -76
Contract with County of Orange- Environmental Management Ageewy
Address 400 Civic Center Drive West,
Santa Ana, CA PO Box 1078 , 92702
Amount of Contract See Agreement
City Clerk
C.R.NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
r�
ENVIRONMENTAL MANAGEMENT AGENCY
DEVELOPMENT DIVISION
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CA.
FEB 05 1976
Ms. Laura Lagios, City Clerk
City Hall
3300 Newport Boulevard
Newport Beach, California 92660
Dear Ms. Lagios:
TELEPHONE: 834 -2300
AREA CODE 714
MAILING ADDRESS
P.O. BOX 7078
SANTA ANA, CA. 92702
FILE
Enclosed is a copy of a Board of Supervisors' minute order authorizing the
execution of the joint powers agreement dated January 27, 1976 between the
Orange County Harbors, Beaches and Parks District and the City of Newport Beach
relative to the transfer of mooring billing responsibility within Newport Harbor
to the City.
Also enclosed is a copy of the executed agreement for inclusion in your
official files per your request of January 16, 1976. We have not transmitted
a copy of the executed agreement to the City Marine Department and would
appreciate your routing a copy for their files.
RFY /fb
Enclosures - (2)
cc: Admin. Reading File
Devel. Reading File (2)
Very truly yours,
Robert F. blonski, Manager
Administrative Services/
Development
CN
t. :Q IA 0 1 11,
Attached is a copy of the esscuted agremsnt with the
"ounty. This copy is for your files.
This agreement was authorised by Resolution No. 8677
on January 12, 1976.
City Clark's Office
auk
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1 JOINT POWERS AGRFE'NENT
(MOORING ADMINISTRATION)
THIS AGREEMENT made and entered into by and between the CITY OF NEWPORT
BEACH, a municipal corporation, hereinafter referred to as "CITY," and the ORANGE
COUNTY HARBORS, BEACHES AND PARKS DISTRICT, hereinafter referred to as "DISTRICT ":
W I T N E S S E T H:
WHEREAS, CITY has adopted an ordinance adding Chapter 17.22 to the Newport
Beach Municipal Code dealing with the anchorage and mooring regulations, regulating
anchorage and mooring of vessels within Newport Harbor over CITY owned and controlled
tidelands; and
WHEREAS, it is in the mutual interest of CITY and DISTRICT to establish
and define the responsibilities of CITY and DISTRICT in conjunction with anchorage
and mooring of vessels on CITY and County owned and controlled tidelands 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 the necessary billings and bill each mooring permit
holder the annual mooring fee, for moorings located over CITY owned
and controlled tidelands and County owned and controlled tidelands.
B. Reimburse DISTRICT as follows:
i. For each offshore mooring over CITY tidelands, $1.20 per vessel
foot per year;
ii. For each offshore mooring over County tidelands, $6.00 per vessel
foot per year;
iii. For each onshore mooring over CITY tidelands, $.60 per vessel
foot per year;
C. Reimburse DISTRICT on or before the end of March, each year during
the term hereof.
D. Should there be delinquencies in payment by a permit holder of the
annual moor k) fee, the reimbursement y --TTY to DISTP.TCT for servicc:
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1 rendered over CITY tidelands shall not be affected and CITY shall
2 pay DISTRICT said full fees as provided in Paragraph B.i., and iii.
above. However, should said mooring fee be delinquent from a
4 permit holder over County tidelands, reimbursement by CITY to
5 DISTRICT shall be reduced proportionately for each delinquent fee.
6 DISTRICT shall be responsible for the collection of delinquent
7 mooring fees over County tidelands, which fees are more than ninety
8 (90) days in arrears.
9 II. DISTRICT Shall:
10 A. Prepare and deliver to CITY on or before December 1 of each year
11 the name and mailing address of each mooring permit holder over both
12 CITY and County tidelands to enable CITY to accurately and in a
13 timely fashion bill all said permit holders the annual permit fee.
14 B. Administer, regulate and control the enforcement of all CITY and
15 DISTRICT ordinances dealing with anchorage and mooring regulations,
16 including, but not limited to, the inspection of the moorings, their
17 chains and fastenings and inspection of vessels to determine they
18 are moored properly and that they are moored to the appropriate
19 mooring buoy(s). ,
20 III. Any changes in the size and /or location of mooring areas shall be
21 recommended by the Joint Harbor Committee and the Harbor Commission and shall be
22 approved jointly by City Council and Board of Supervisors.
23 IV. Neither CITY nor any officer or employee thereof shall be responsible
24 for any damage or liability occurring by reason of anything done or omitted to be done
25 by DISTRICT under or in connection with any work or activity under this Agreement. It
26 is understood and agreed that, pursuant to Government Code Section 895.4, DISTRICT shall
27 fully indemnify and hold CITY harmless from any liability imposed for injury (as
28 defined by Government Code Section 810.8) occurring by reason of anything done or
29 omitted to be done by DISTRICT under or in connection with any work or activity under
30 this Agreement.
31 V. Neither DISTRICT nor any officer or employee thereof shall be responsible
32 for any damage or liability occurring by reason of anything done or omitted to be done
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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 DISTRICT and County of Orange 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 activity under this Agreement.
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 termination. Because billings authorized pursuant to DISTRICT 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 DISTRICT 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 DISTRICT related to
inspection of moorings and vessels, as provided above.
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IN WITNE:
the) ) day 01
JAN 1 I, a,
ATTEST
City eCler�k-
WHEREOF, the parties hereto have executed this Agreement on
.lfa � C./. , 197 6.
ATTEST
W. E. ST. JOHN, COUNTY CLERK
of the County of Orange and
ex- officio Clerk of the
Board of Supervisors of Orange Co.
By Qt-L-,A-PJ
Deputy
APPROVED AS TO FORM
By
:.
Ass a ..Gi.�Attornd�
V
APPROVED AS TO FORM
ADRIAN KUYPER, County Counsel
B)!
Deputy
RFY:krm
-4-
CITY
OF NEWPORT BEACH
By�a
Mayor
ORANGE COUNTY HARBORS, BEACHES AND PARKS
DISTRICT
By -� .
&A"'A
Chairma Board
of Supervisors
of Orange County, California,
as the governing body of Orange County
Harbors, Beaches and Parks District
II
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F,
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
January 27, 1976
IN RE: FIRST AMENDDIENT TO JOINT POWERS AGREE-SENT REVENUE SHARING
DEVELOPi -TENT OF CULVERDALE ?ILDERNESS PARK CITY OF IRVINE
On motion of Supervisor Schmit, duly seconded and unanimously
carried by Board members present, the Chairman and the Clerk are authorized
to sign the First Amendment to the Joint Powers Agreement for the develop-
ment of Culverdale Wilderness Park (1221 -310- 596 - 548 -PA), dated January 27,
1976, between the County of Orange and the City of Irvine, as recommended
by the County Administrative Officer in his letter dated January 20, 1976.
IN RE: AGREE!,ENT NEWPORT HARBOR MOORING BILLINGS CITY OF
NEI•TPORT BEACH
On motion of Supervisor Schmit, duly seconded and unanimously
carried by Board members present, the Chairman and the Clerk are authorized
to sign the Joint Powers Agreement, dated January 27, 1976, between the
Orange County Harbors, Beaches and Parks District and the City of Newport
Beach transferring mooring billing responsibility to the City of Newport
Beach, as recommended by the Director of the Environmental Management
Agency in his letter dated January 27, 1976.
IN RE: AGREEMENT WIDENING OF MARGUERITE PARKWAY
RMG ENGINEERING, INC.
On motion of Supervisor Clark, duly seconded and unanimously
carried by. Board members present, the Chairman and the Clerk are authorize
to sign the agreement, dated January 27, 1976, between the County of Oran
and R.M.G. Engineering, Inc. for preparation of design plans and speci-
fications for the Marguerite Parkway widening, as recommended by the
Director of the Environmental Management Agency in his letter dated
January 27, 1976.
RECEIVED
FEB 2 - 19i6
EMA
DwFinpMENT DIVI.'4CN
i
F 1013 -2.2
i
RESOLUTION NO. 8677
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A JOINT POWERS AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE ORANGE COUNTY HARBORS,
BEACHES AND PARKS DEPARTMENT TO ESTABLISH
RESPONSIBILITIES FOR ANCHORAGES AND MOORINGS
IN NEWPORT HARBOR AND REPEALING RESOLUTION NO.
8485
WHEREAS, Resolution No. 8485 of the City Council
adopted May 12, 1975, provided for the execution of an Agreement
between the City of Newport Beach and the County of Orange
to establish responsibilities for anchorages and moorings
in Newport Harbor; and
WHEREAS, the County of Orange has caused said Agreement
i
to be revised to provide for an agreement between the City
of Newport Beach and the Orange County Harbors, Beaches and
Parks District and to provide for a clear definition of
responsibilities of the parties if a permittee fails to pay the
prescribed mooring charges; and
WHEREAS, it is deemed by the City Council to be
appropriate and in the best interests of the City to enter
into the revised agreement which is attached hereto and rescind
Resolution No. 8485;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that the attached agreement be
and is hereby approved and the Mayor is hereby authorized to
I
execute said Agreement.
BE IT FURTHER RESOLVED that Resolution No. 8485
previously adopted by the City Council of the City of Newport
Beach on May 12, 1975 be and is hereby rescinded.
ADOPTED this 12th day of January , 1976.
Mayor
ATTEST:
City Clerk
HRC /bc
1/2/76
January 16, 1976
Orairm Ownty, Harbors, Baschas and Parke Dqmrtm*
1901 Bayside Drive
Newport Beach, Ch 92662
9dbject: Joint Powers Agreement to Establish FAwponsibilities
for Anchorages and Moorings Th Newport Bazbar
C-1780C
Re4osed are the original and two copies of subject agreameat
for transmittal to the Bond of &Vervisors of Orange County
for exacation.
Also enclosed is a copy of the City of Newport Beach's
assolution No. 8677 w*horizing the execution of this aqxme�ment.
Please be sure that one copy of the exmm*ad agreement in
xwhuyad to nV office for iwAnAm in otw official files.
Laura Logical CMC
City Clark
ILIO&
cc: Marine Department