HomeMy WebLinkAbout23 - Mooring AdministrationCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 2
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Harbor Resources Division (City Manager's Office)
Tom Rossmiller, Manager Harbor Resources, 949 - 644 -3041
trossm i I ler(a)city. newoort- beach. ca. us
Dave Kiff, Assistant City Manager, 949 - 644 -3002
dkiffCa)city. newoort- beach.ca. us
SUBJECT: Extension of a Joint Powers Agreement for Mooring Administration
ISSUE:
Should the City authorize a 3 -year extension of a Joint Powers Agreement (D89 -035)
with the County of Orange for mooring administration in Newport Harbor?
RECOMMENDATION:
Authorize the Mayor to approve an amendment to the Joint Powers Agreement (D89-
035) between the City and the County of Orange authorizing the County to administer
moorings in Newport Harbor.
DISCUSSION:
Background
On January 6, 1987, the City and County first entered into a Joint Powers Agreement
(JPA) for mooring administration in Newport Harbor. The agreement was substantially
revised on February 21, 1989 and is the underlying agreement for the proposed
amendment. The Agreement "establish(es) and define(s) responsibilities of City and
County owned and controlled tidelands in Newport Harbor."
Terms of Agreement
Under this agreement, the City prepares billings and collects fees for mooring on City
and County controlled tidelands. The City will also reimburse the County for related
Sheriffs Harbor Patrol services, in the sum of $83,011 for calendar year 2004,
increased annually thereafter for three years at the most recent Cost of Living
Adjustment (COLA) factor granted by the Board of Supervisors to the Law Enforcement
Extension of City - County JPA for Mooring Administration
December 9, 2003
Page 2
Bargaining Unit. The City also remits to the County all fees collected annually for
offshore moorings over County tidelands.
The County will administer, regulate and control enforcement of II City and County
ordinances pertaining to anchorage and mooring regulations. By the terms of this
agreement, the County is responsible for inspections of moorings (buoys, chains,
fasteners, and anchors) and inspections of vessels to ensure proper mooring usage.
Any change in the mooring area size and location requires the joint approval of City
Council and the Board of Supervisors. In addition, the County agrees to charge the
same fee per linear foot per year as the City for its permanent moorings. Currently, this
fee is $20 per linear foot of mooring per year. Mooring rates were last raised in 1995.
The agreement shall remain in full force for the three years and may be terminated by
either party by notifying the other party not less than ninety days prior to the anticipated
termination.
The Harbor Resources Division has evaluated the terms of this amendment and the
original agreement and finds that the lever of services performed by both jurisdictions
and the reimbursement provided to the County for mooring administration is fair and
equitable. Provided below is a discussion of alternatives.
Environmental Review: The City Council's discussion of this Agenda Item does not
require environmental review.
Public Notice: This agenda item may be noticed according to the Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Funding Availability: This amendment to the JPA is funded in the current FY 200312004
budget.
Alternatives: The only other feasible alternative to the JPA is to hire additional staff and
perform the administration of moorings over City Tidelands. It is estimated that City
Administration of the Tidelands would require one Code and Water Quality Enforcement
Officer and one Department Assistant (at a minimum) and would cost approximately
$141,000 including salary and benefits. This alternative would only provide eight hours
per day and five days per week coverage. The Harbor Patrol currently provides 24
hours per day, seven days per week contact with the public for mooring administration
including short- term rental to transient vessels.
Extension of City- County JPA for Mooring Administration
December 9, 2003
Page 3
Prepared by: Submitted by:
Wr\L 4VII eL ((Ij
Tom Rossmiller, Harbor Resources Manager Dave Kiff, Assistant City Manager
Attachments: Amendment No. 3 to the Joint Powers Agreement
Joint Powers Agreement D89 -035
PROJECT: Newport Harbor Mooring Administration Agreement No.89 -035
AMENDMENT NO. 3
2 JOINT POWERS AGREEMENT
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THIS AMENDMENT TO AGREEMENT is entered into this day of
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2003, at Santa Ana, California, between the County of Orange (hereinafter referred
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to as "COUNTY ") and the City of Newport Beah (hereinafter referred to as "CITY ").
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RECITALS
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8 WHEREAS, on February 21, 1989, the COUNTY and CITY entered into a Joint Powers
9 Agreement (Agreement No. D89 -035, hereinafter referred to as "AGREEMENT ") for mooring
10 administration in Newport harbor through December 31, 1993; and
11 WHEREAS, the term of said AGREEMENT has been extended until December 31, =003 by
12 subsequent amendments thereof; and
13 WHEREAS, by Resolution No. 01-428 the COUNTY did amend the "Harbors, Beaches an
14 Parks Fee Schedule - Permanent (Newport) Mooring as follows:
15 "Fees per linear foot per year shall be the same amount as set by the
16 City of Newport Beach for its permanent moorings in Newport Harbdi-, and
17 WHEREAS, it remains in the mutual interest of CITY and COUNTY to continue the
18 previously defined responsibilities in conjunction with anchorage and mooring of
19 vessels on CITY and COUNTY owned and controlled tidelands in Newport Harbor; and
20 WHEREAS, CITY and COUNTY desire to extend the term of the AGREEMENT subject to
21 the following amendments.
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PROJECT: Newport Harbor Mooring Administration
Agreement No.89 -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$89,185 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 b
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 Harbor Mooring Administration
Agreement N0.89 -035
IN WITNESS WHEREOF, the parties hereto have executed thisAMENDMENT NO. 3
to AGREEMENT on this day and year first hereinabove written. �
CITY OF NEWPORT BEACH, a municipal corporation
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
Mayor
COUNTY OF ORANGE, a political subdivision
By
Chairman of the Board of Supervisors
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
BENJAMIN P. DEMAYO
COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By
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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 6, 1987; 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, 1968; 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, $52,945 for calendar year 1989, plus 6% for
normally anticipated cost increases each year thereafter for
the period of this agreement.
ii. For all off shore mooring over COUNTY tidelands, 1008 of
COUNTY fee per vessel per year;
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At
Agreement
No. D89 -035
Project: Newport Harbor
Mooring Administration
JOINT POWERS AGREEMENT
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 6, 1987; 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, 1968; 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, $52,945 for calendar year 1989, plus 6% for
normally anticipated cost increases each year thereafter for
the period of this agreement.
ii. For all off shore mooring over COUNTY tidelands, 1008 of
COUNTY fee per vessel per year;
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f Agreement No. D89 -035
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 fees 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 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 895.9. COUNTY shall fully
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X( AgreemerAL no. D89 -035
indemnify, and hold CITY harmless from any liability imposed for injury
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(as defined by Government Code Section 810.8) occurring by reason of
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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 remain in force and effect for five (5) years,
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commencing January 1, 1989 and ending December 31, -1993. Either party
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may terminate this Agreement by notifying the other of termination in
writing not less than ninety (90) days prior to date of anticipated
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termination. Because billings authorized pursuant to COUNTY and CITY
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regulations on an annual basis, it is contemplated that this
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Agreement, should it be terminated, should be terminated on last day
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of any calendar year. Should it be in the interest of one party
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hereto to terminate this Agreement at any other date, parties agree
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that cost to be rebated by CITY to COUNTY as provided above, will be
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appropriately pro rated for that portion of year in which CITY would
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be obligated to undertake duties performed by COUNTY related to
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inspection of moorings and vessels, as provided above.
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Agreement No. Doy -035
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11i IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
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2j1day and year first hereinabove written.
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5 Date :
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7 j Approved as to form by:
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Date:
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Date:
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CITY OF NEWPORT BEACH, a municipal
corporation of State of California
/%% /;
City Clerk /
City Attorniy
COUNTY OF ORANGE
By:
Chairman of the Board of Supervisors
County of Orange,
State of California
17;IAPPROVED AS TO FORM BY: Signed and certified that a copy of this
18 ADRIAN RUYPER, COUNTY COUNSEL Document has been delivered to the
COUNTY OF ORANGE, CALIFORNIA Chairman of the Board
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20 By : li t By
21 Deputy Linda D. Ruth
II1 i/
Clerk of the Board of Supervisors
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