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Home My WebLink About12 - City/County Newport Harbor Mooring Joint Powers MooringMarch 8,1999 Council Agenda Item No. 12 To: Mayor and Members of the City Council From: Timothy Riley, Fire and Marine Chief Subject: City/County Newport Harbor Joint Powers Mooring RECOMMENDATIONS: If desired, authorize the Mayor and City Clerk to execute a five year extension to the Joint Powers Agreement for mooring administration in Newport Harbor. BACKGROUND: Since 1976, the City and the County of Orange have maintained a Joint Powers Agreement for the purpose of mooring administration in Newport Bay. The agreement establishes and defines the responsibility of the City and the County in conjunction with the On and Offshore mooring system over both City and County controlled tidelands. Currently there are twelve hundred and twenty-six Onshore and Offshore moorings in Newport Bay, and all but eighteen of these moorings are over City tidelands. The current Mooring Agreement (No. D89 -035) expired on December 31,1998. The County staff has prepared Amendment No. 2 to Agreement No. D89 -035, which will extend the original agreement for another five year period. Additionally, the amended agreement provides that the City of Newport Beach shall reimburse the County of Orange for their cost in the amount of $77,119.07 for the calendar year 1999, 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 Law Enforcement Bargaining Unit, rounded to the nearest dollar. The agreement shall remain in full force and effect until December 31, 2003. The Fire and Marine Department is recommending that the City Council authorize a five year extension, as proposed by the County of Orange. The County staff has indicated that they prefer a multiyear agreement rather than agreements on a year to year basis. The reason for this is that it reduces their staff cost by eliminating the necessity for the Board of Supervisors to approve yearly agreements. The original agreement provides that either party may terminate this agreement or the amended agreement by notifying the other of termination in writing, not less than ninety days prior to the date of anticipated termination. Attachments County of Orange Public Facilities & Resources Department John W. Sibley, Director September 29, 1998 Mr. Tony Mellum, Director Marine Department City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658 -8915 Subject: Amendment No. 2 to Agreement No. D89 -035 (Newport Harbor Mooring Administration) Dear Tony: Amendment No. 1 to the Joint Powers Agreement between the County of Orange and the City of Newport Beach for the Mooring Administration in Newport Harbor will expire on December 31, 1998. Assuming that the City desires to continue with this agreement, I have enclosed for your consideration Amendment No. 2, extending the term of the agreement for another five years, through December 31, 2003. If the amendment is acceptable, please submit it to your City Council for execution. Afterwards, please forward to me four (4) executed copies, and I will process to the Board of Supervisors for approval. One fully executed copy of the amended agreement will be returned to the City after our Board acts. I would like to place this item on the December 15, Board meeting, or it will be necessary to draft a new agreement. The filing deadline for that agenda is October 29. Therefore, we would need the executed copies back from you before that date. Should you have comments or questions please call me at 834 -6781 or Ted Miller at 834 -6784. I look forward to hearing from you. Very truly yours, I v<---J KennA W. Scattergood, Chief Harbors, Beaches and Parks/Program Support LOCATION: MAILING ADDRESS: TELEPHONE: 300 N. FLOWER ST P.O. BOX 4048 (714) 834 -2300 SANTA ANA, CALIFORNIA SANTA ANA, CA 92702 -4048 FAX # 834 -5188 Project: Newport Harbor Mooring Administration Agreement No. D89 -035 AMENDMENT NO. 2 JOINT POWERS AGREEMENT THIS AMENDMENT TO AGREEMENT is entered into this _ day of 11998, 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 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: 1. The following provisions of the AGREEMENT are amended to read as follows: l.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, terns and conditions of the AGREEMENT shall remain unchanged and full force and effect. T[M- CA98TIO \I III P Gcncral V,Ie \caport Ilarbor N oorin,Anicmdment 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. Watson County Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH, a municipal Corporation of the State of California Attest: Mayor City Clerk City Attorney COUNTY OF ORANGE Chairman, Board of Supervisors TEM. C:MT1I\iIBP GmernI riluWe wport Ilarbor %ft)winOAmcmdmenI No. Uoc Project: Newport Harbor Mooring Administration Agreement No. D89 -035 AMENDMENT NO. 2 JOINT POWERS AGREEMENT THIS AMENDMENT TO AGREEMENT is entered into this _ day of '1998, at Santa Ana, California, between the County of Orange (hereinafter referred to as "COLTNTY ") and the City of Newport Beach (hereinafter referred to as "CITY "). 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. 1 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: 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 reimburse COUNTY 877,119.07 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:'93TWI MP General FilONe,por1 l labor \ Ioonng�Amcmdmenl No. -'.doe IN WITNESS WHEREOF, the parties have executed this AMENDMENT No. 2 the day and year first above written. APPROVED AS TO FORM: Laurence M. Watson County Counsel SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Darlene J. Bloom Clerk of the Board of Supervisors of Orange County, California CITY OF NEWPORT BEACH, a municipal Corporation of the State of California Attest: Mayor City Clerk City Attorney COUNTY OF ORANGE Chairman, Board of Supervisors TE1v1- C\98TAf \I IBP General FilclNcuport tlarbur 3(oorinc\: \mcmdntent No. 2.doc I 1 Project: Newport Harbor Mooring Administration Agreement No. D89 -035 AMENDMENT NO.1 TO 3 JOINT POWERS AGREEMENT 4 THIS AMENDMENT TO AGREEMENT is entered into this/-1 day of 5 AS / , 1993, at Santa Ana, California, between the County of Orange G (hereinafter "COUNTY ") and the City of Newport Beach (hereinafter "CITY "). 7 RECITALS 8 1. On February 21, 1989 the COUNTY and CITY entered into a joint powers 9 1 agreement (Agreement No. D89 -035) for mooring administration in Newport 10 Harbor. 11 2. Section VI of said agreement stipulates that the agreement shall 12 A terminate on December 31, 1993. 13 3. Both the COUNTY and CITY desire to extend the term of such agreement la subject to the following amendments. NOW, THEREFORE, COUNTY and CITY hereby agree as follows: V 16 1. The following provisions are amended to read as follows: z 0 17 IB.i. For all onshore mooring,-and offshore moorings over CITY 18 tidelands, CITY shall reimburse COUNTY ,$70,85.2 for calendar year 1994, 19 increased annually thereafter for the per d of this amended agreement by the 20 most recent annual Cost of Living Adjustment (COLA) factor granted by the 21 Board of Supervisors to its General Bargaining Unit, rounded to the nearest 22 dollar. 23 2. The first Section of VI is amended to read as follows: 24 This agreement shall remain in full force and effect until 25 December 31, 1998. 26 3. All other provisions, terms and conditions of Agreement No. D89 -035 27 shall remain unchanged and in full force and effect. 28 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first hereinabove written. Date: -/i 93 Approved as to form by: Date: Date: Q CITY OF NEWPORT BEACH, a municipal corporation of State of California B Ma ATTEST: By: COUNTY OF Orange DEC 1 4 1993 By: Chairman of the Board of Supervisors County of Orange, DEC 1 4 1993 State of California APPROVED AS TO FORM BY: TERRY C. ANDRUS, COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA By: �- /. Deputy KWS:nc3110116574060 Fj Signed and certified that a copy of this Document has been delivered to the Chaip,an of the d Bo rd By: Phyllis A. Henderson DEC 14 1993 Clerk of the Board of Supervisors i F