HomeMy WebLinkAboutC-2241 - Newport Harbor Mooring Administration Agreement No. D89-0351
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PROJECT: Newport Harb Mooring Administration Agreement No. D89-035
AMENDMENT NO. 3
JOINT POWERS AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this �� day of
, , at 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
subsequent amendments thereof; and
WHEREAS, by Resolution No. 01-428 the COUNTY did amend the "Harbors, Beaches and
Parks Fee Schedule -Permanent (Newport) Mooring as follows:
"Fees per linear foot per 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
previously defined responsibilities in conjunction with anchorage and mooring of
vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor; and
WHEREAS, CITY and COUNTY desire to extend the term of the AGREEMENT subject to
the following amendments.
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PROJECT: Newport Hart 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 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 three (3) years,
commencing January 1, 2004 and ending December 31, 2006.
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 Hari Mooring Administration
Agreement No. D89-035
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3
to AGREEMENT on this day and year first hereinabove written.
ATTEST •1.(_ A � _ ✓AL( -1,
044- 01 ory
CITY OF NEWPORT BEACH, a municipal corporation
By: — —/- /'-� , ) � , /2 (' Z'�
Mayor
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
COUNTY OF ORANGE, apoli ical subdivision
—t rt�
BY I
Chairman of the Board of Supervisors
U
By oE�
DARLENE J. SLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
BENJAMIN P. DEMAYO
COUNTY COUNSEL
ORANGE COUNT , CALIFORNIA
By
3
Project: Newport H ar Mooring Administration kgreement No. D89-035
AMENDMENT NO. 2
JOINT POWERS AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this - day o ems- , 1999,
at Santa Ana, California, between the County of Orange (hereinafter referr d to as " COUNTY")
and the City of Newport Beach (hereinafter referred to as "CITY").
RECITALS
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.
2. Section VI of said AGREEMENT stipulated that the AGREEMENT was to
terminate on December 31, 1993.
3. Said AGREEMENT was extended by Amendment No. 1, dated December 17,
1993, extending the termination date to December 31, 1998.
4. Both COUNTY and CITY desire to again extend the term of the AGREEMENT
subject to the following amendments.
NOW THEREFORE, COUNTY and CITY hereby agree as follows:
The following provisions of the AGREEMENT are amended to read as follows:
1.B.i. For all onshore and offshore moorings over CITY tidelands, CITY shall
reimburse COUNTY $77,119.07 for the calendar year 1999, increased annually
thereafter for the period of 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.
2. The first sentence of Section VI is amended to read as follows:
This Agreement shall remain in full force and effect until December 31, 2003,
3. All other provisions, terms and conditions of the AGREEMENT shall remain
unchanged and full force and effect.
TEM- C:\99tn1,1I B P\Newport Harbor Mooring\Amentdment No. 2.doc
IN WITNESS WHEREOF, the parties have executed this AMENDMENT No. 2 the day and
year first above written.
APPROVED AS TO FORM:
Laurence M.
County CA
CITY OF NEWPORT BEACH, a municipal
Corporation State of Califorpia
By e. oz�/
Mayor
Attest:
�00
SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BO<<°
UI�W�1607d m
tfFOR��P
Darlene J. Bloom
Clerk of the Board of Supervisors
of Orange County, California
City Attorney
COUNTY OF ORANGE
TENI- C:\99tm\H B P\Newport I larbor Mooring\Amendment No. 2.doe
Chairman, Board of Supervisors
t
County f Orange
Public Facilities & Resources Department
Oa'&IF01L John W. Sibley, Director
Supplemental Transmittal
Agenda Item No. 34.
June 22, 1999 Agenda
. DATE: June 18, 1999
TO: Clerk of the Board
FROM: Director, PFRD
SUBJECT: Newport Harbor Mooring Administration
AIT for Amendment No. 2 to the Newport Harbor Mooring Administration Agreement, last
paragraph, sentence should read "Cost of Living Adjustment (COLA) granted by the Board to its
Law Enforcement Bargaining Unit," rather than "to its General County Employee Unit."
This memo supplements the AIT for the subject item.
No revision to the Recommended Action is necessary.
Respectfully submitted,
John W. Sibley, Director
CONTACT PERSON: Ken Scattergood, 834-6781
cc: Members of the Board of Supervisors
CEO
County Counsel
LOCATION: MAILING ADDRESS, TELEPHONE:
300 N. FLOWER ST. Fourth Floor P.O. BOX 4048 (714) 834.6667
SANTA ANA, CALIFORNIA SANTA ANA. CA 9270'2-4048 FAX a 834-4744
CLERK USE ONLY
UUNTAGT FOR INFORMATION PHONE
FROM: Public Facilities and Resources Department Ted Miller -834-6784
FILE: Ken Scattergood /0a �- -834-6781
MEETING DATE SUBJECT Newport Harbor Mooring Administration SUPV. DIST.
June 22, 1999 5
SUMMARY OF REQUEST (Description for agenda)
Public Facilities and Resources Department requests execution of Amendment No. 2 to Newport Harbor Mooring
Administration Agreement No. D89-035.
ADDITIONAL DATA:
The initial term of the Joint Powers Agreement for Newport Harbor Mooring Administration with the City of Newport
Beach extended from 1988 through 1993. Amendment No. 1 extended the Agreement for an additional five-year term
through 1998. Submitted for your consideration is Amendment No. 2 to the existing Agreement which extends the tern for
another five-year term until December 31, 2003.
.'lease see Page 2 for additional information.
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
26, 1991. Minute Order dated December 14, 1993.
Newport Harbor Tidelands
NO IF YES, STATE NUMBER PERMANENT
Minute Order dated February 21, 1989. Minute Order dated March
YEAR COST I ANNUAL COST BUDGETED? YES NO
Revenue I Revenue
LIMITED TERM I (J YES U NEW ITEM OR EXCEPTION
1. Authorize execution of Amendment No. 2 to the Joint Powers Agreement for Newport Harbor Mooring Administration.
2. Confirm the permanent mooring fee at $37.00 per linear foot per year and mooring inspection fees at $46.00 per linear
foot for calendar year 1999, increased annually thereafter for the period of 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.
City of Newport Beach
Amendment No. 2 to Agreement No. D89-035
Map
Tim Miller, Manager, PFRD/Harbors, Beaches and Parks DATE
AGENCY/DEPT. USE
AGENDA ITEM TRANSMITTAL
CONSENT
CEO REVIEVv
F.r
^ .DISWcpJSION
IS
is".11:Mt
JUN _ `} PM ZuQtl§ HEARING ❑
❑ Do Not Concur
TO: BQARp'OFS7k��pt.S COUNTY OF ORANGE
CLERK USE ONLY
UUNTAGT FOR INFORMATION PHONE
FROM: Public Facilities and Resources Department Ted Miller -834-6784
FILE: Ken Scattergood /0a �- -834-6781
MEETING DATE SUBJECT Newport Harbor Mooring Administration SUPV. DIST.
June 22, 1999 5
SUMMARY OF REQUEST (Description for agenda)
Public Facilities and Resources Department requests execution of Amendment No. 2 to Newport Harbor Mooring
Administration Agreement No. D89-035.
ADDITIONAL DATA:
The initial term of the Joint Powers Agreement for Newport Harbor Mooring Administration with the City of Newport
Beach extended from 1988 through 1993. Amendment No. 1 extended the Agreement for an additional five-year term
through 1998. Submitted for your consideration is Amendment No. 2 to the existing Agreement which extends the tern for
another five-year term until December 31, 2003.
.'lease see Page 2 for additional information.
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
26, 1991. Minute Order dated December 14, 1993.
Newport Harbor Tidelands
NO IF YES, STATE NUMBER PERMANENT
Minute Order dated February 21, 1989. Minute Order dated March
YEAR COST I ANNUAL COST BUDGETED? YES NO
Revenue I Revenue
LIMITED TERM I (J YES U NEW ITEM OR EXCEPTION
1. Authorize execution of Amendment No. 2 to the Joint Powers Agreement for Newport Harbor Mooring Administration.
2. Confirm the permanent mooring fee at $37.00 per linear foot per year and mooring inspection fees at $46.00 per linear
foot for calendar year 1999, increased annually thereafter for the period of 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.
City of Newport Beach
Amendment No. 2 to Agreement No. D89-035
Map
Tim Miller, Manager, PFRD/Harbors, Beaches and Parks DATE
Page 2
Agenda Item Transmittal
Newport Harbor Mooring Administration
Generally the Agreement provides that the City of Newport Beach will continue to collect and remit to the County fees for
vessel anchorage and moorings located upon County controlled tidelands in Newport Harbor.
The method for determining the annual fees was established previously by Board Resolution No. 91-294, which specified the
fee shall be increased annually thereafter by the most recent Cost of Living Adjustment (COLA) granted by the Board to the
General County Employee Unit, rounded to the nearest dollar. Per Resolution No, 95-873, Recreation Facility Fees, the fees
for permanent moorings are set at $37.00 per linear foot per year, and the fees for mooring inspections are $46.00 per linear
foot per year effective January 1, 1999.
COMPLIANCE WITH CEQA:
Recommended action is not a project as defined by CEQA
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Project: Newport Harbor Mooring Administration Agreement No. D89-035
AMENDMENT NO.1 TO
JOINT POWERS AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this /;_:day of
` 1993, at Santa Ana, California, between the County of Orange
(hereinafter "COUNTY") and the City of Newport Beach (hereinafter "CITY").
RECITALS
I. On February 21, 1989 the COUNTY and CITY entered into a joint powers
agreement (Agreement No. D89-035) for mooring administration in Newport
Harbor.
2. Section VI of said agreement stipulates that the agreement shall
terminate on December 31, 1993. y-
3. Both the COUNTY and CITY desire to extend the term of such agreement
subject to the following amendments.
NOW, THEREFORE, COUNTY and CITY hereby agree as follows:
1. The following provisions are amended to read as follows:
IB.i. For all onshore mooring and offshore moorings over CITY
tidelands, CITY shall reimburse COUNTY $70,852 for calendar year 1994,
increased annually thereafter for the period of this amended agreement by the
most recent annual Cost of Living Adjustment (COLA) factor granted by the
Board of Supervisors to its General Bargaining Unit, rounded to the nearest
dollar.
2. The first Section of VI is amended to read as follows:
This agreement shall remain in full force and effect until
December 31, 1998.
3. All other provisions, terms and conditions of Agreement No. D89-035
shall remain unchanged and in full force and effect.
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Q:�I
IN WITNESS WHEREOF, the parties hereto have set their hands and seals
this day and year first hereinabove written.
Date: /c- —/7 — ��
Approved as to form by
Date:
'4�2 —17—
Date: DEC 14 1993
APPROVED AS TO FORM BY:
TERRY C. ANDRUS, COUNTY COUNSEL
COUNTY OFORANGE, CALIFORNIA
Il ! �-2
i. Deputy
KWS:nc3110116574060
.A
CITY OF NEWPORT BEACH, a municipal
corporation of State of California
By P
Ma
ATTEST:
By:
COUNTY OF Orange
By:
Chairman of the Board of Supervisors
County of Orange, DEC 14 1993
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chairman of the Board
By: tC'.
PhvIIis A. Henderson 14 1993
e& of the Board of Supervisors
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES December 14, 1993
AMENDMENT NO. 1 TO JOINT POWERS AGREEMENT NO. D89-035 WITH THE CITY OF
NEWPORT BEACH -- NEWPORT HARBOR MOORING ADMINISTRATION: Environmental
Management Agency requests an amendment to an agreement with the City of
Newport Beach.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Riley,
the Board approved Amendment No. 1 to Joint Powers Agreement No. D89-035
with the City of Newport Beach. MOTION UNANIMOUSLY CARRIED.
Agreement No. D89-035
Project: Newport Harbor Mooring Administration
JOINT POWERS AGREEMENT
1 THIS AGREEMENT made and entered into by and between CITY OF NEWPORT BEACH,
2 a municipal corporation, hereinafter referred to as "CITY", and COUNTY OF ORANGE,
3 hereinafter referred to as "COUNTY".
4 W I T N E S S E T H
5 WHEREAS, CITY and COUNTY entered into a Joint Powers Agreement for Mooring
6 Administration in Newport Harbor dated January 6, 1987; and
7 WHEREAS, purpose of said Mooring Administration Agreement was to,
8 "establish and define responsibilities of CITY and COUNTY in conjunction with
9 anchorage and mooring of vessels on CITY and COUNTY owned and controlled tidelands
10 in Newport Harbor"; and
11 WHEREAS, in accordance with Agreement Clause VI, the term of Mooring
12 Administration Agreement will expire December 31, 1988; and
13 WHEREAS, it is in the mutual interest of CITY and COUNTY to continue the
14 Previously defined responsibilities in conjunction with anchorage and mooring of
15 vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor.
16 NOW, THEREFORE, for and in consideration of covenants herein contained to
17 be mutually performed by parties hereto, said parties agree as follows:
18 I. CITY shall:
19 A. Prepare necessary billings and bill each mooring permit holder
20 annual mooring fee, for moorings located over CITY owned and
21 controlled tidelands and COUNTY owned and controlled tidelands.
22 B. Reimburse COUNTY as follows:
23 i. For all onshore mooring and offshore moorings over CITY
24 tidelands, $52,945 for calendar year 1989, plus 6% for
25 normally anticipated cost increases each year thereafter for
26 the period of this agreement.
27 ii. For all off shore mooring over COUNTY tidelands, 100% of
28 COUNTY fee per vessel per year;
-1-
Agreement No. D89-035
11
C. Reimburse COUNTY on or before end of March, each year during term
2
hereof.
3
D. Should there be delinquencies in payment by a permit holder of
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annual mooring fee, reimbursement by CITY to COUNTY for services
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rendered over CITY tidelands shall not be affected, and CITY shall
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pay COUNTY said full fees as provided in Paragraph B. i. above.
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However should said mooring fees be delinquent from a permit
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holder over COUNTY tidelands, reimbursement by CITY to COUNTY
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shall be reduced proportionately for each delinquent fee. COUNTY
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shall be responsible for collecting delinquent mooring fees over
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COUNTY tidelands, which fees are more than ninety (90) days in
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arrears.
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E. Allow the COUNTY to rent any vacant mooring over CITY tidelands
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and retain all rents collected therefrom.
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II. COUNTY shall:
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Administer, regulate and control enforcement of all CITY and COUNTY
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ordinances dealing with anchorage and mooring regulations, including,
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but not limited to inspection of moorings, their chains and
19
fastenings, and inspection of vessels to determine whether they are
20
moored properly and to appropriate mooring buoy(s).
21�
III• Any change in size and/or location of mooring areas shall be
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recommended by Harbors, Beaches and Parks Commission, and shall be
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approved jointly by City Council and Board of Supervisors.
24
IV. Neither CITY nor any officer or employee thereof shall be responsible
25
for any damage or liability occurring by reason of anything done or
26
omitted to be done by COUNTY under or in connection with any work or
27
activity under this Agreement. It is understood and agreed that,
28
pursuant to Government Code Section 895.4, COUNTY shall fully
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Agreement No. D89-035
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 activity under this Agreement.
V. Neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability 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. 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 activity under this Agreement.
VI. This Agreement shall remain in force and effect for five (5) years,
commencing January 1, 1989 and ending December 31, 1993. Either party
may terminate this Agreement by notifying the other of termination in
writing not less than ninety (90) days prior to date of anticipated
termination. Because billings authorized pursuant to COUNTY and CITY
regulations on an annual basis, it is contemplated that this
Agreement, should it be terminated, should be terminated on last day
of any calendar year. Should it be in the interest of one party
hereto to terminate this Agreement at any other date, parties agree
that cost to be rebated by CITY to COUNTY as provided above, will be
appropriately pro rated for that portion of year in which CITY would
be obligated to undertake duties performed by COUNTY related to
inspection of moorings and vessels, as provided above.
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Agreement No. D89-035
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day and year first hereinabove written.
CITY OF NEWPORT BEACH, a municipal
corporation of State of California
/Vlh A
U
Date: �c� D By : &&- ",
Mayor
ATTEST:
Approved as to form by:
Date:
Date: — ,GAL& fi-y 02 l� /
APPROVED AS TO FORM BY:
ADRIAN KUYPER, COUNTY COUNSEL
COUNTY OF ORANGE, CALIFORNIA
Deputy
KS/BH:jcPR001-30
8333
,�O:
# City Cler%
0 City Attorney
COUNTY OF ORANGE
By:
r
nChairman of the Board of Supervisors
County of Orange,
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chairman of the Board
By: c2s=ok� 14
Linda D. Ruth
Clerk of the Board of Supervisors
-4-
BOARD OF SUPERVIS S
ORANGE COUNTY, CA— FORNIA MINUTES
February 21, 1989
JOINT POWERS AGREEMENT NO. D89-035 WITH THE CITY OF NEWPORT BEACH FOR
NEWPORT HARBOR MOORING ADMINISTRATION PROJECT: Environmental Management
Agency requests approval of Joint Powers Agreement for administering
Newport Harbor moorings.
MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth,
the Board moved to: 1. Confirm 1989 permanent mooring fee at
$26.58/lineal foot/year on County tidelands in Newport Harbor.
2. Authorize execution of Joint Powers Agreement No. D89-035 with the
City of Newport Beach, commencing January 1, 1989 and ending December
31, 1993. MOTION UNANIMOUSLY CARRIED.
MAR 13
ary '- 1989
N"y6r or
JOINT POWERS AGREEMENT
(MOORING ADMINISTRATION)
THIS AGREEMENT made and entered into by and between CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "CITY", and COUNTY OF ORANGE,
hereinafter referred to as "COUNTY".
W I T N E S S E T H
WHEREAS, CITY and COUNTY entered into a Joint Powers Agreement for Mooring
Administration in '.Newport Harbor dated April 1, 1986; and
WHEREAS, purpose of said Mooring Administration Agreement was to,
"establish and define responsibilities of CITY and COUNTY in conjunction with
anchorage and mooring of vessels on CITY and COUNTY owned and controlled tidelands
in Newport harbor"; and
WHEREAS, in accordance with Agreement Clause VI, the term of Mooring
Administration Agreement will expire December 31, 1986; and
WHEREAS, it is in the mutual interest of CITY and COUNTY to continue the
previously defined responsibilities in conjunction with anchorage and mooring of
vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor.
NOW, THEREFORE, for and in consideration of covenants herein contained to
be mutually performed by parties hereto, said parties agree as follows:
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.
B. Reimburse COUNTY as follows:
i. For all onshore mooring and offshore moorings over CITY
tidelands, $47,121 for calendar year 1987, plus 6% for
normally anticipated cost increases each year thereafter for
the period of this agreement.
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ii. For all off shore mooring over COUNTY tidelands, 100% of
COUNTY fee per vessel per year;
C. Reimburse COUNTY on or before end of March, each year during term
hereof.
D. Should there be delinquencies in payment by a permit holder of
annual mooring fee, reimbursement by CITY to COUNTY for services
rendered over CITY tidelands shall not be affected, and CITY shall
pay COUNTY said full fees as provided in Paragraph B. i. above.
However should said mooring fee be delinquent from a permit holder
over COUNTY tidelands, reimbursement by CITY to COUNTY shall be
reduced proportionately for each delinquent fee. COUNTY shall be
responsible for collecting delinquent mooring fees over COUNTY
tidelands, which fees are more than ninety (90) days in arrears.
E. Allow the COUNTY to rent any vacant mooring over CITY tidelands
and retain all rents collected therefrom.
II. COUNTY shall:
Administer, regulate and control enforcement of all CITY and
COUNTY ordinances dealing with anchorage and mooring regulations,
including, but not limited to inspection of moorings, their chains
and fastenings, and inspection of vessels to determine whether
they are moored properly and to appropriate mooring buoy(s).
III. Any change in size and/or location of mooring areas shall be
recommended by ,joint Harbor Committee and Harbors, Beaches and Parks
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 reason of anything done or
omitted to be done by COUNTY under or in connection with any work or
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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 activity under this Agreement.
V. Neither COUNTY nor any officer or employee thereof shall be
responsible for any damage or liability 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. 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 activity under this Agreement.
VI. This Agreement shall remain in force and effect for two (2) years,
commencing January 1, 1987 and ending December 31, 1988. Either party
may terminate this Agreement by notifying the other of termination in
writing not less than ninety (90) days prior to date of anticipated
termination. Because billings authorized pursuant to COUNTY and CITY
regulations on an annual basis, it is contemplated that this
Agreement, should it be terminated, should be terminated on last day
of any calendar year. Should it be in the interest of one party
hereto to terminate this Agreement at any other date, parties agree
that cost to be rebated by CITY to COUNTY as provided above, will be
appropriately pro rated for that portion of year in which CITY would
be obligated to undertake duties performed by COUNTY related to
inspection of moorings and vessels, as provided above.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day and year first hereinabove written.
Date: '/'Q —/ % 02(p
Approved as to form by:
Date:
Date: 198%
tr
APPROVED AS TO FORM BY:
ADRIAN KUYPER, County Counsel
COUNTY OF ORANGE, CALIFORNIA
CITY OF NEWPORT BEACH,
a municipal corporation of State of
California
COUNTY OF ORANGE
Chairman of the Board of Supervisors
County of Orange,
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chairman of the Board.
By: l 6 By
Deputy inda Roberts
Clerk of the Board p rvisors
KS:rmPRO03-42
6302
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COUNTY
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
JANUARY 6, 1987
NEWPORT HARBOR MOORING ADMINISTRATION AGREEMENT WITH THE CITY OF NEWPORT
BEACH: Environmental Management Agency requests a new joint powers agreement
with the City of Newport Beach for continued mooring administration.
MOTION: On motion by Supervisor Wieder, seconded by Supervisor Riley, the
Board approved the foregoing item to authorize execution of the Mooring
Administration Agreement with the City of Newport Beach for the period
January 1, 1987, through December 31, 1988. MOTION UNANIMOUSLY CARRIED.
®F1013-2.3 (12/76)
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Agreement No.
JOINT POWERS AGREEMENT
(MOORING ADMINISTRATION)
THIS AGREEMENT made and entered into by and between CITY OF NEWPORT BEACH,
a municipal corporation, hereinafter referred to as "CITY", and COUNTY OF ORANGE,
hereinafter referred to as "COUNTY".
W I T N E S S E T H
WHEREAS, CITY and COUNTY entered into a Joint Powers Agreement for Mooring
Administration in Newport Harbor dated January 30, 1981; and
WHEREAS, purpose of said Mooring Administration Agreement was to,
"establish and define responsibilities of CITY and COUNTY in conjunction with
anchorage and mooring of vessels on CITY and COUNTY owned and controlled tidelands
in Newport Harbor"; and
WHEREAS, in accordance with Agreement Clause VI, as amended, term of
Mooring Administration Agreement expired December 31, 1985; and
WHEREAS, it is in the mutual interest of CITY and COUNTY to continue the
previously defined responsibilities in conjunction with anchorage and mooring of
vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor.
NOW, THEREFORE, for and in consideration of covenants herein contained to
be mutually performed by parties hereto, said parties agree as follows:
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.
B. Reimburse COUNTY as follows:
i. For all onshore mooring and offshore moorings over CITY
tidelands, $53,350 for calendar year 1986.
ii. For all off shore mooring over COUNTY tidelands, 100% of
COUNTY fee per vessel per year;
C. Reimburse COUNTY on or before end of March 31, 1986.
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Agreement No.
D. Should there be delinquencies in payment by a permit holder of
annual mooring fee, reimbursement by CITY to COUNTY for services
rendered over CITY tidelands shall not be affected, and CITY shall
pay COUNTY said full fees as provided in Paragraph B. i. above.
However should said mooring fee be delinquent from a permit holder
over COUNTY tidelands, reimbursement by CITY to COUNTY shall be
reduced proportionately for each delinquent fee. COUNTY shall be
responsible for collecting delinquent mooring fees over COUNTY
tidelands, which fees are more than ninety (90) days in arrears.
E. Allow the COUNTY to rent any vacant mooring over CITY tidelands
and retain all rents collected therefrom.
II. COUNTY shall:
Administer, regulate and control enforcement of all CITY and
COUNTY ordinances dealing with anchorage and mooring regulations,
including, but not limited to inspection of moorings, their chains
and fastenings, and inspection of vessels to determine whether
they are moored properly and to appropriate mooring buoy(s).
III. Any change in size and/or location of mooring areas shall be
recommended by Joint Harbor Committee and Harbors, Beaches and Parks
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 reason 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
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Agreement No.
anything done or omitted to be done by COUNTY under or in connection
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with any work or activity under this Agreement.
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V. Neither COUNTY nor any officer or employee thereof shall be
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responsible for any damage or liability occurring by reason of
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anything done or omitted to be done by CITY under or in connection
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with any work or activity under this Agreement. It is understood and
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agreed that, pursuant to Government Code Section 895.4, CITY shall
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fully indemnify and hold COUNTY harmless from any liability imposed
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for injury (as defined by Government Code Section 810.8) occurring by
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reason of anything done or omitted to be done by CITY under or in
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connection with any work or activity under this Agreement.
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VI. This Agreement shall be for a period of one year, commencing
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January 1, 1986 and ending December 31, 1986. Either party may
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terminate this Agreement by notifying the other of termination in
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writing not less than ninety (90) days prior to date of anticipated
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termination, in which case parties agree that COUNTY will rebate to
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CITY a proportionate share of funds paid, prorated for that portion of
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year after termination date, for which CITY would be obligated to
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undertake duties performed by COUNTY related to inspection of moorings
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and vessels, as provided above.
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Agreement No.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day and year first hereinabove written.
Date: /g lqz
Approved as to form by:
Date:
Date: APR 1 1986
APPROVED AS TO FORM BY:
ADRIAN KUYPER, County Counsel
COUNTY OF ORANGE, CALIFORNIA
By: ;
�j Deputy
KS:rmPRO03-8
6034
CITY OF NEWPORT BEACH,
a municipal corporation of State of
California
11; Z/ _)
tl"lw City Cler
By:
- -_
City Attorney—-
COUNTY OF ORANGE
By: L�O�A &ad.
Ch1dirfan of the Board of Supervisors
County of Orange,
State of California
Signed and certified that a copy of this
Document has been delivered to the
Chairman of the Board.
By:
Linda Roberts
Clerk of the Board of SupetvisorS'I
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
APRIL 1, 1986
AGREEMENT WITH CITY OF NEWPORT BEACH FOR NEWPORT HARBOR MOORING ADMINISTRATION:
Environmental Management Agency requests approval of an agreement wit t e
City of Newport Beach for calendar year 1986 to establish respective
responsibilities of City and County in administering vessel anchorages and
moorings located upon City and County controlled tidelands in Newport Harbor;
and authorization for the Clerk of the Board, on behalf of the Board of
Supervisors, to execute the agreement.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Nestande, the
foregoing item was approved. MOTION UNANIMOUSLY CARRIED.
®F1013-2.3 (12/76)
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L-22_�41 (a)
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into between the COUNTY OF ORANGE,
hereinafter referred to as "COUNTY," and the CITY OF NEWPORT BEACH, hereinafter
referred to as "CITY," and
WHEREAS, COUNTY and CITY entered into a Joint Powers Agreement for Mooring
Administration in Newport Harbor dated January 30, 1981; and
WHEREAS, purpose of said Mooring Administration Agreement is to, "establish
and define responsibilities of CITY and COUNTY in conjunction with anchorage and
mooring of vessels on CITY and COUNTY owned and controlled tidelands in Newport
Harbor"; and
WHEREAS, in accordance with Agreement Clause VI, term of Mooring Administra-
tion Agreement expired December 31, 1984; and
WHEREAS, COUNTY and CITY mutually desire to extend Mooring Administration
Agreement one additional year through 1985; and
THEREFORE, COUNTY and CITY do agree that their Agreement dated January 30,
1981, is amended as follows:
Clause VI is amended to read:
VI. This Agreement shall remain in force and effect through December 31, 1985.
Either party may terminate this agreement by notifying the other of termination in
writing not less than ninety (90) days prior to date of anticipated termination.
Because billings authorized pursuant to COUNTY and CITY regulations on an annual
basis, it is contemplated that this Agreement, if terminated, should be terminated
on last day of any calendar year. Should it be in the interest of one party hereto
to terminate this Agreement at any other date, parties agree that cost to be rebated
by CITY to COUNTY as provided above, will be appropriately prorated for that portion
of year in which CITY would be obligated to undertake duties performed by COUNTY
related to inspection of moorings and vessels, as provided above.
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tl
CITY OF NEWPORT BEACH, a municipal corporation
of State of California
Date: By:
Mayor Pro Te
Approved as to form by:
�j
Date: 1 7 5 By: 7-5
/dity Attorney
Date: J U N 1 8 1985
APPROVED AS TO FORM BY:
ADRIAN KUYPER, County Counsel
County of Orange, California
puty
RH:emwDR04-28
3/25/85
COUNTY OF ORANGE
By:
Chairman of the Board of Supervisor
County of Orange, State of California
Signed and certified that a copy of this
Document has been delivered to the Chairman
of the Board.
Linda Roberts
Clerk of the Board of Supervisors
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MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
JUNE 18, 1985
AMENDMENT TO AGREEMENT WITH THE CITY OF NEWPORT BEACH: On motion by Supervisor Clark,
seconded by Supervisor Wieder, the Clerk of the Board, on behalf of the Board of
Supervisors, was authorized to execute an Amendment to Agreement with the City of
Newport Beach establishing respective responsibilities of City and County in
administering vessel anchorages and moorings located upon City- and County -controlled
tidelands in Newport Harbor, extending the term one additional year, to December 31,
1985. MOTION UNANIMOUSLY CARRIED.
&F1013-2.3 (12/76)
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C011 -'y Fi
JOINT POW AGREEIENT
(MOORING ADMINISTRATION)
THIS AGREEMENT made and entered into by and between CITY OF NEWPORT BEACH, a
municipal corporation, hereinafter referred to as "CITY", and COUNTY OF ORANGE, herein-
after referred to as "COUNTY".
W I T N E S S E T H:
WHEREAS, CITY adopted an ordinance adding; Chapter 17.22 to Newport Beach
Municipal Code dealing with anchorage and mooring regulations, regulating anchorage and
mooring of vessels in Newport Ffarbor over CITY owned and controlled tidelands, and
WHEREAS, it is in the mutual interest of CITY and COUNTY to establish and
define responsibilities of CITY and COUNTY in conjunction with anchorage and mooring
of vessels on CITY and COUNTY owned and controlled tidelands in Newport, Harbor;
NOW, THEREFORE, for and in consideration of covenants herein contained to
be mutually performed by parties hereto, said parties agree as follows:`
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.
B. Reimburse COUNTY as follows:
i. For all offshore mooring over CITY tidelands, $38,500 per
year;
ii. For all offshore mooring over COUNTY tidelands, 100 of COUNTY
fee per vessel foot per year;
i_ii. For all onshore mooring over CITY tidelands, $5,500 per. year.
C. Reimburse COUNTY on or before end of March, each year during term
hereof.
D. Should there be delinquencies in payment by a permit holder of annual
mooring fee, reimbursement by CITY to COUNTY for services rendered
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over CITY tidelands shall not be affected, and CITY shall pay COUNTY
said full fees as provided in Paragraph B.i., and iii, above. However
should said mooring fee be delinquent from a permit holder over
COUNTY tidelands, reimbursement by CITY to COUNTY shall be reduced
proportionately for each delinquent fee. COUNTY shall be responsible
for collecting delinquent mooring fees over COUNTY tidelands, which
fees are more than ninety (90) days in arrears.
E. Allow the COUNTY to rent any vacant mooring over. CITY tidelands
and retain aLl rents collected therefrom.
II. COUNTY shall:
Administer,I
regulate and control enforcement of all CITY and COUidTY
ordinances dealing with anchorage and mooring regulations, including,
i
but not limited to, inspection of moorings, their chains and fasten-
ings, and inspection of vessels to determine whether they are moored
properly and to appropriate mooring buoy(s).
III. Any change in size and/or location of mooring areas shall be recommended
by Joint Harbor Committee and Harbors, Beaches and Parks 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 reason of anything done or omitted to be done
by COU14TY 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 CQUNTY under or in connection with any work or activity under.
this Agreement.
V. Neither COUNTY nor any officer or employee thereof shall be responsible
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 cork 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 activity under
this Agreement.
VI. This Agreement shall remain in force and effect for one (1) year and may
be extended in one (1) year increments up to a maximum of three (3) years by letter
from Director EMA and concurrence City of Newport Beach. Either party may terminate
this agreement by notifying the other of termination in writing not less than ninety
(90) days prior to date of anticipated termination. Because billings authorized
pursuant to COUNTY and CITY regulations on an annual basis, it is contemplated that
this Agreement, should it be terminated, should be terminated on last day of any
calendar year. Should it be in the interest of one party hereto to terminate this
Agreement at any other date, parties agree that cost to be rebated by CITY to COUNTY
as provided above, will be appropriately prorated for that portion of year in which
CITY would be obligated to undertake duties performed by COUNTY related to inspection
of moorings and vessels, as provided above.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the day of 198/
ATTEST
1
City Clerk
CITY OF NEWPORT BEACH
By
ayor
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SIGNED AND CERTIFIED THAT
A COPY OF THIS DOCUMENT
HAS BEEN DELIVERED TO THE
CHAIM4AN OF THE BOARD
JUNE ALEXANDER
Clerk of -the Board of Supervisors
I APPROVED AS TO FORK!
(ADRIAN KUYPER, COUNTY COUNSEL
By z -f 3
Deputy
COUNTY OF ORANGE, a political subdivision
of the Stat of California
By i C/ 0,
ChaT i4m an is Board of ,Super_ .§ors
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