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Home My WebLink AboutH-2c - Revised Joint Power Mooring AgreementJAN BY the Ci i'( CITY OF t4EWPORT SkAACM January 26, 1981 TO: FROM: SUBJECT: MARINE DEPARTMENT MAYOR AND CITY COUNCIL Marine Director C-�3yi (3; 9� Item No.: H 2 C REVISED JOINT POWERS MOORING AGREEMENT Recommendation: If desired, adopt Resolution NoM14 authorizing the Mayor and City Clerk to execute the Revised Joint Powers Agreement for offshore and onshore mooring administration. Background: The City of Newport Beach and the County of Orange have had a Joint Powers Mooring Agreement since January 1976. The agreement defines the responsibilities of the City and County regarding the administration of the mooring system. In essence, the City's responsibilities are for the preparation of the necessary billing and collecting of'mooring fees for those moorings located over both City owned and controlled tidelands as well as County owned and controlled tidelands. The County is responsible for administrating, regulating and enforcing all City and County ordinances dealing with mooring regulations, including but not limited to the inspection of moorings, and the inspection of vessels to determine if they are moored properly and to the appropriate mooring buoys. In 1979 the County staff, as a result of a cost benefit study, requested the City to increase the amount of money reimbursed to the County for regulating the mooring systema The county request was to increase the County reimburse- ent from $35,000 to $90,000 a year. Over the next several months City and County staff met on several occasions to discuss a Revised Joint Powers Agree- ment, as well as to review the County's cost benefit study. The Tideland Affairs Committee met in November. of 1980 to discuss and review a revised draft Joint Powers Mooring Agreement. In this draft Joint Powers Agreement, the City staff proposed that the County be reimbursed at the rate of $2 per vessel foot per year for offshore moorings and $1 per vessel foot per year for onshore moorings. The Tideland Affairs Committee recommended that the staff negotiate further with the County and reduce the reimbursement to approximately $1.75 per vessel foot per year for offshore moorings and 0.87 per vessel foot per year for onshore moorings. The current Joint Powers agreement, which has been in effect since 1976, reimburses the County at the rate of $1.20 per vessel foot for offshore moorings and 0.601 for onshore moorings. Discussion: After several months of meetings and correspondence, the City and County staffs believe they have arrived at an equitable Joint Powers Agreement. The proposed Joint Powers Agreement stipulates that the County will be re- imbursed $38,500 for regulating the City's 578 offshore moorings and $5,500 for the City's 447 onshore moorings. The above dollar figures, if calculated on a vessel foot basis, amount to slightly less than $1.75 per vessel foot per year for offshore and approxi- mately 0.87¢ per vessel foot per year for onshore moorings. In relationship to the 1976 Joint Powers Agreement, the increase is up from $1.20 per vessel foot for offshore and 0.601 per vessel foot for on- shore moorings. The total dollar amount increase, as reimbursement to the County, is up from approximately $31,000 to a total of $44,000 per year. The gross dollar figure collected from the City's moorings is approximately $202,000. The net amount, less County reimbursement, for calendar year 1981 would be approximately $158,000, if the proposed Joint Powers Agreement is approved. Additionally, the Agreement is proposed for a one year period with pro- visions for annual extensions up to a maximum of three years. All other provisions of the proposed Joint Powers Agreement remain sub- stantially the same as in the original 1976 Agreement. David Harshbarger, Director MARINE DEPARTMENT DH: db Attachment 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, 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 Harbor 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; iii. 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 7 a 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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, 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 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 I 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 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 FJ 1 by CITY under or in connection with any work or activity under this Agreement. It 2 is understood and agreed that, pursuant to Government Code Section 895.4, CITY 3 shall fully indemnify and hold COUNTY harmless from any liability imposed for injury 4 (as defined by Government Code Section 810.8) occurring by reason of anything done or 5 omitted to be done by CITY under or in connection with any work or activity under 6 this Agreement. 7 VI. This Agreement shall remain in force and effect for one (1) year and may 8 be extended in one (1) year increments up to a maximum of three (3) years by letter 9 from Director EMA and concurrence City of Newport Beach. Either party may terminate 10 this agreement by notifying the other of termination in writing not less than ninety 11 (90) days prior to date of anticipated termination. Because billings authorized 12 pursuant to COUNTY and CITY regulations on an annual basis, it is contemplated that 13 this Agreement, should it be terminated, should be terminated on last day of any 14 calendar year. Should it be in the interest of one party hereto to terminate this 15 Agreement at any other date, parties agree that cost to be rebated by CITY to COUNTY 16 as provided above, will be appropriately prorated for that portion of year in which 17 CITY would be obligated to undertake duties performed by COUNTY related to inspection 18 of moorings and vessels, as provided above. 19 20 21 22 23 24 25 26 27 28 ///