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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 a=. 1 II 2 �I 3 J 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 29 30 31 32 017:30 ` I . 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: -I- ll 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 -2- 11 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 30 31 32 0 i 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. -3- 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 23 25' 26 27 28 29 30 31 32 i 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 r' r� 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