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HomeMy WebLinkAbout14 - BA-015 - Community Watch Volunteer Program CoordinatorITEM 14 Page 1 TO: Members of the Newport Beach City Council FROM: Tony Melum, Division of Harbor Resources SUBJECT: Agreement with County of Orange for Community Watch Volunteer Program Coordinator RECOMMENDED ACTION: 1) Authorize the Mayor to execute the agreement between the City and the County of Orange. 2) Approve a Budget Amendment ( B.A. # ) in the amount of $25,276.00 to account number 2371 -7030 (Temporary Salaries) and increase revenue estimates by $18,333 (grant funds from the State of California Coastal Resources Agency) with the remaining $6,943.00 coming from the Tidelands Fund unappropriated reserve. BACKGROUND: At the City Council Meeting of November 23, 1998, the Council received a Staff Report from the Fire and Marine Department relative to the condition of the Corona Del Mar Tidepools. As mentioned in that report, the Marine Environmental Division (currently the Harbor Resources Division) was appraised that there appears to be significant loss in species diversity in the tidepools at Corona Del Mar compared to similar tidepools in the area. These studies suggested that some of the possible reasons for the deterioration were as follows: 1. Foot trampling by humans of the animals and plants. 2. Shell collecting by people for hobby reasons. 3. Ravaging of mussel beds and shellfish populations for bait used by fisherman. 4. Collecting of inner tidal creatures for direct food consumption by humans. As a result of this report, the Mayor requested staff establish a panel of experts to assess the current condition of the ecosystem at Little Corona Tidepools and report their findings to the City Council with recommended action. That panel was established and their findings were reported to the City Council on April 26, 1999. The consensus of that group was that while damage to intertidal systems could be caused by many factors, it was evident that human activity, in particular unlawful harvesting, visitor foot traffic and human manipulation of rocks and organisms was a significant factor. The designation of an area as a "Marine Life Refuge" in and of itself was ineffective in preventing or reducing this type of damage. It was felt that the routes that had the best chance for success were better management practices, increased public education and awareness and continued research, which could lead to better design and management for truly effective refuges. Page 2 Based on that information, the City Council approves the following recommendations: 1. Participate with other agencies, including the Department of Fish and Game and other marine life refuges, to make the refuge a more effective tool for protecting coastal intertidal resources. 2. Support continued studies to define causes of intertidal decline and to identify strategies for restoration. 3. Reduce the number of visitors scheduled for daily visits to a more manageable number. 4. Prepare new signage at Corona Del Mar Marine Life Refuge that will alert visiting public to the rules and regulations in effect, the harm done by unlawful collecting, and the impact of foot traffic within the intertidal zone. 5. Prepare increased staff estimates and bring them back to City Council that would: a) Provide for a seasonal Marine Preserve Supervisor to coordinate the tidepool program. b) Ensure staffing of a Marine Preserve Officer at the Marine Life Refuge at all low tides, when the tidepools are exposed during daylight hours. c) Coordinate the creation of a volunteer community service group to assist in the preservation of the Marine Life Refuge. As a first step in implementing the above, the City joined the Orange County Marine Life Refuge Committee. This committee consists of members from Orange County Harbors, Beaches and Parks, California State Parks, California Dept. of Fish and Game, California Sea Grant and the cities of Newport Beach, Laguna Beach and Dana Point. This group has taken a leadership role in developing and listing models for improved research, education and enforcement in the Marine Life; Refuges of Orange County and has been instrumental in assisting the City of Newport Beach in implementing recommendations 1 through 4. To accomplish Recommendation #5, the County, on behalf of the Committee, applied for and received a grant of $100,000 from the State of California's Resources Agency to fund a Regional Marine Life Refuge Community Watch Program. The grant will fund one staff person for a three -year period ($55,000), and pay for materials, including a training manual, resource kits, office supplies and volunteer recognition awards ($45,000). The position will involve: 1). Establishing a Community Watch Volunteer Docent Program for the Marine Life Refuges to include training and staffing volunteer docents; 2). Creating a volunteer training manual; 3). Staying abreast of management strategies and research in the intertidal field and; 4). Pursuing related grant funding. The position will also involve managing the Little Corona Marine Life Refuge. To accomplish the above, we propose hiring a seasonal supervisor for 28 hours per week at $16.37 per hour for an annual total of $25,276 salary and benefits. $18,333 of that will be covered by the grant. The balance $6,943 will come from the requested budget amendment of $6,943 (see attachment B). It will be the City's responsibility to hire and supervise the position and to provide office space and supplies, much of which will be reimbursed from the grant. The agreement (see attachment A) has been reviewed and approved by the City Attorney as to form. Attachments — (A) Agreement D01 -094, Community Watch Volunteer Program (B) Budget Amendment 1 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 Amendment NO.DO1 -0 A G R E E M E N T THIS AGREEMENT, for purposes of identification is hereby dated the day of , 2001, is BY AND BETWEEN The County of Orange, a political subdivision of the State of California, hereinafter referred to as "COUNTY ". AND The City of Newport Beach, a municipal corporation, hereinafter referred to as "CITY ". RECITALS WHEREAS, The COUNTY and CITY are participants in the Regional Marine Life Refuge Committee ( "Committee ") a coalition of public and private land managers, educators, interpreters and consultants concerned with the protection and management of seven marine life refuges found in Orange County; and WHEREAS, the Committee members have developed goals and a work plan for the regional management of the seven marine life refuges that include enhanced enforcement, consistent signage at all refuges, increased public education and community outreach, zero tolerance for poaching and the development of a region wide community watch volunteer program; and WHEREAS, the Committee, including the COUNTY and CITY, and their elected /decision making bodies supported a grant application to the State Resource kgency, Coastal Resources Grant Program ( "Grant ") for funding the development of a :ommunity watch volunteer program. The COUNTY, on behalf of the Committee, submitted 1 Amendment NO.D01 -0� 1 the Grant application to the State and hence will execute all related documents, 2 receive funds, provide cost accounting and report back to the State on Grant 3 expenditures; and 4 WHEREAS, the COUNTY on June 19, 2001, executed the Grant Agreement with 5 the State Resources Agency (Resolution No. 01 -175) which authorized the establishment 6 of a Community Watch Volunteer Program (the "Community Watch Volunteer Program"); and 7 WHEREAS, included in the Community Watch Volunteer Program is funding for 8 a part time volunteer coordinator position ( "Coordinator") and the CITY is agreeable 9 to hiring and supervising the Coordinator position on behalf of the Committee; and 10 WHEREAS, this Agreement details the exact terms and conditions between the 11 COUNTY and the CITY for the employment and funding of the Coordinator position. 12 NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS: 13 A. PURPOSE 14 The purpose of this AGREEMENT is to establish responsibilities of both 15 parties as it relates to Community Watch Volunteer Program expenditures specifically 16 the employment conditions, funding, hiring, supervision and payment process of the 17 Coordinator. 18 B. TERM 19 The term of this AGREEMENT shall be for a period of three (3) years 20 from the date of execution of this AGREEMENT, unless terminated earlier as provided 21 herein. The parties may extend the term of this AGREEMENT to correspond with any 22 extensions that may be granted by the California State Resource Agency. 23 C. CITY RESPONSIBILITIES 24 1. CITY shall assume all hiring responsibilities for the Coordinator 25 position including but not limited to preparation of a job 26 description, advertising of the position, selection, and background 2 Amendment No.D01 -09 - 1 check (if required) or other hiring or selection requirements that 2 the CITY may have. 3 2. CITY to hire Coordinator position as a member of City staff and 4 provide all administrative oversight, payroll, benefits, tax 5 deductions, workers compensation, government orientation, training, 6 discipline etc. as legally required. 7 3. CITY to provide supervision of the Coordinator position including 6 direction and review of work done on behalf of the Community Watch 9 Volunteer Program. CITY in consultation with COUNTY will develop the 10 work plan for the Coordinator. 11 4. CITY to provide Coordinator with office space, phones, computers, 12 fax and other office materials and supplies as may be required. 13 Grant funds identified for these purposes may be used to offset CITY 14 costs for these items. 15 5. CITY to provide system of cost accounting to track salary and 16 expenditures of Coordinator position associated with the development 17 and implementation of the Community Watch Volunteer Program. COUNTY 16 may audit CITY cost accounting and other records associated with 19 Coordinator and grant expenditures. CITY shall make such cost 20 accounting information available, upon request, to COUNTY for 21 payment and Grant reconciliation purposes. 22 6. CITY shall submit annual invoice at the start of the Cordinator work 23 year for salary funding. Subsequent invoices for equipment, 24 materials and supplies as detailed in the provisions of the Grant 25 shall be submitted to the COUNTY as needed. The Grant budget is 26 attached hereto as Exhibit "A" and incorporated herein. E Amendment NO.D01 -09 1 7. CITY shall at the end of this AGREEMENT submit to the COUNTY final 2 cost accounting that includes all salary, materials, equipment and 3 supply costs. COUNTY shall use this information for purposes of 4 reimbursement from the Grant. 5 D. COUNTY RESPONSIBILITIES 6 1. COUNTY shall execute all Grant documents and contracts related to 7 the Grant. COUNTY shall act as liaison with the California State g Resources Agency for all correspondence, accounting, expenditures 9 and other details associated with administration of this Grant. 10 2. COUNTY shall, on receipt of invoice, provide CITY with annual salary 11 amount for the Coordinator position. Incidental expenditures 12 supporting this position and allowable under the terms of the Grant 13 shall be invoiced as provided for under the "Notices" Section. 14 COUNTY shall determine the appropriateness of these expenditures. 15 3. COUNTY shall establish a cost accounting system in order to track 16 expenditures related to the Grant. Upon request, CITY may review all 17 of the County's cost accounting for this program. 18 4. COUNTY shall submit final accounting to the California State 19 Resource Agency, Coastal Resources Section for reimbursement in 20 accordance with terms and conditions found within the Grant. 21 E. TERMINATION FOR CAUSE 22 1. If the CITY, through its actions, breaches any of the covenants or 23 conditions of this AGREEMENT, COUNTY shall have the right to 24 terminate this AGREEMENT upon thirty (30) days written notice prior 25 to the effective date of termination. The CITY shall have the 26 opportunity to cure the alleged breach prior to termination. If CITY fails to correct the alleged breach during the time allotted then 4 Amendment No.D01 -C 1 all work performed by the CITY pursuant to this AGREEMENT shall 2 cease. Upon termination, CITY shall provide COUNTY with full 3 accounting of all expenditures and refund any monies not yet 4 expended associated with the Coordinator. 5 2. The CITY may terminate this AGREEMENT by giving thirty (30) days 6 written notice to the County's Director, Public Facilities Resource 7 Department, Harbors, Beaches and Parks, should the COUNTY fail 6 substantially to perform in accordance with this AGREEMENT, through g no fault of the CITY. 10 F. TERMINATION FOR CONVENIENCE 11 Either party, in accordance with this clause, may terminate this 12 AGREEMENT whenever either party determines that it is in their best 13 interest. Any such termination shall be effected by the delivery to the 14 other party of a "Notice of Termination" specifying the date of 15 termination. All work performed under the term and conditions of this 16 AGREEMENT shall cease effective that date and a final accounting shall 17 be provided by both parties. 16 G. DELEGATION AND ASSIGNMENT 19 Should either termination clause be invoked the COUNTY reserves the 20 right to assign or delegate or negotiate a new AGREEMENT with other 21 qualified parties to provide funding for the Coordinator position. CITY 22 may, with prior written consent of COUNTY, delegate the obligations or 23 assign the rights hereunder in whole or in part. COUNTY shall not with 24 hold its consent unreasonably. Failure to obtain COUNTY'S required 25 written approval of any proposed transfer or assignment will render 26 this AGREEMENT terminated as specified above. H. WAIVER OF RIGHTS 5 Amendment No.D01 -09 1 The failure of the COUNTY or CITY to insist upon strict performance of 2 any of the terms, covenants, or conditions of this AGREEMENT shall not 3 be deemed a waiver of any right or remedy that the COUNTY or CITY may 4 have, and shall not be deemed a waiver of the right to require strict 5 performance of all terms, convents, and conditions of the AGREEMENT 6 thereafter. Nor is it a waiver of any remedy for the subsequent breach or default of any term, covenant or condition of this AGREEMENT. 6 I. INDEMNIFICATION 9 The CITY shall to the fullest extent allowed by law, indemnify, defend 10 and hold harmless the COUNTY its agents, officers and employees from 11 and against any and all liability of any sort arising from, or in any 12 way connected with, the performance by the CITY of any of its various 13 tasks under the terms of the AGREEMENT. 14 J. NOTICES 15 All official notices, correspondences and invoices related to this 16 AGREEMENT shall be made as follows: 17 County of Orange 18 C/O PFRD /HBP 19 PO Box 4048 20 Santa Ana CA 92702 -4048 21 Attention: Kevin Thomas Director 22 23 City of Newport Beach 24 C/O Harbor Resources Division 25 PO Box 1768 26 Newport Beach CA 92658 -8915 Attention: Tony Melum Director 6 1 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 Amendment No.D01-0 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on 11dates opposite their respective signatures: 11 Date: Date: Date: By Chairman of the Board of Supervisors Of the District. SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD By DARLENE J. BLOOM Clerk of the Board of Supervisors of Orange County, California X- 0 APPROVED AS TO FORM LAURENCE M. WATSON COUNTY COUNSEL ORANGE CO NTY, CALIFORNIA l By l�/di 7 1 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 Amendment NO.D01 -09 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on t 11dates opposite their respective signatures: IICITY OF NEWPORT BEACH IDate: [ATTEST: By Mayor AS TO FORM: City Clerk 4ity Attorney of Newport Beach n City of Newport Beach BUDGET AMENDMENT 2001 -02 EFFECT ON BUDGETARY FUND BALANCE: Increase Revenue Estimates X Increase Expenditure Appropriations Transfer Budget Appropriations SOURCE: from existing budget appropriations X from additional estimated revenues X from unappropriated fund balance EXPLANATION: NO. BA- 015 AMOUNT: Sz5,z7s.00 Increase in Budgetary Fund Balance AND X Decrease in Budgetary Fund Balance No effect on Budgetary Fund Balance This budget amendment is requested to provide for the following: To increase revenue and expenditure appropriations due to receipt of grant for Community Watch Volunteer Program. ACCOUNTING ENTRY: Number 2371 City Manager - Tidelands Account Number 7425 Amount BUDGETARY FUND BALANCE Number 2371 Debit Credit Fund Account Description PERS Employee Contribution $1,794.00 230 3605 Tidelands Fund Balance $6,943.00 ' REVENUE ESTIMATES (3601) Number Fund /Division Account Description 2371 5868 Other Government Grants $18,333.00 EXPENDITURE APPROPRIATIONS (3603) Description Division Number 2371 City Manager - Tidelands Account Number 7030 Advertising & Public Relations $23,136.00 Division Number 2371 City Manager - Tidelands Account Number 7425 Medicare Fringe $346.00 Division Number 2371 City Manager - Tidelands Account Number 7439 PERS Employee Contribution $1,794.00 Division Number Account Number Division Number Account Number Signed: Fin cial Ap royal: Adminis� rvicees Director Date Signed: �• `�-� /O /GA Administrative Approval."Ciry Manager D e Signed: City Council Approval: City Clerk Date