HomeMy WebLinkAboutC-1184 - Lifeguard service by the City for unincorporated beach areasDATE October 31, 1968
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. 1184
Description of Contract Lifeguard services in unincorporated areas by City
Authorized by Resolution No. 6830 , adopted on
Effective date of Contract July 25, 1968
Contract with Orange ODunty Harbor District
Address 1901 Bayside Drive
Amount of Contract $17,876
ih
Att:
Beach, Calif.
7 -22 -68
city C e <
July 25, 1968
Mr. Kenneth Sampson
Director Harbors and Beaches
Orange County Harbor District
1901 Bayside Drive
Newport Beach, California 92662
Dear Mr. Sampson:
Fhclosed is executed original and two copies of Lifeguard
Agreement between the City and the Orange County Harbor District
for the fiscal year 1968 -69. Please forward to the Board of
Supervisors for execution. After the agreement has been approved
and signed by the Board of Supervisors, please return one copy
to my office.
Also enclosed is a certified copy of Resolution No. 6830 author-
izing the execution of an agreement with the Orange County Harbor
District for the provision of lifeguard service by the City for
beaches in unincorporated territory.
LL:ih
Enc.
Very truly yours,
Laura Lagics
City Clerk
City of Newport Beach
272
.TS O: l s' 1.
�i A line bearing No. 380 E. running thrcL: c. -he
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most westerly projection cf Abalone Poi-.1L.
PLEASE RETURN TO:
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Block 164 of the Irvine Subdivision cy� the
south and the southewesterly'prolongation of the
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LAU2ALAGIOS,, CITY CLERK
north, which prolonged line is also the easterly
j CITY OF NEWPORT BEACH A 7
property line of the Huntington Beach State Beach.
" 'I' <EV:'PORTBOULEVARD
2611
incorporated boundaries of the City of Newport
iC;-:r;rvLT BEACH, CALIF. 92660
Beach.
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A G R E E M E N T
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THIS AGREEMENT, made and entered into by and between the ORANGE
41�COiNTY
HARBOR DISTRICT, hereinafter referred to as the DISTRICT, and
5�jthe
CITY OF NEWPORT BEACH a municipal corporation,
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located within the County of Orange, hereinafter referred to as the
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CITY,
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W IT NE S SETH:
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WHEREAS, many residents of the CITY utilize the beaches in the
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unincorporated areas adjacent to the CITY, as well as the beaches of
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other cities and State beaches located in the County of Orange;
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WHEREAS, it is determined by the legislative bodies of both the
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CITY and the DISTRICT that the CITY is better able to provide lifeguard
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in the unincorporated areas adjacent to said City;
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NOW THEREFORE, it is agreed between the CITY and the DISTRICT
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as follows:
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1. The CITY shall provide lifeguard services in the following
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described unincorporated area:
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The coastal waters and ti6rlan6s areas of the
Pacific Ocean and tributary ;s and inlets
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within Orange County betw en t.e follcs;ing
lines:
.TS O: l s' 1.
�i A line bearing No. 380 E. running thrcL: c. -he
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most westerly projection cf Abalone Poi-.1L.
headland located in the southerly secs cf
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Block 164 of the Irvine Subdivision cy� the
south and the southewesterly'prolongation of the
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boundary of the City of Huntington Beac:i on the
north, which prolonged line is also the easterly
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property line of the Huntington Beach State Beach.
Excepting therefrom that part lying within the
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incorporated boundaries of the City of Newport
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Beach.
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2. CITY agrees to provide lifeguard services during July,
'August, September and June of the 1968 -69 fiscal year, and at all
such time during the remainder of such fiscal year as the need for the
same may exist, it being expressly understood that CITY shall respond,
!with qualified personnel, to emergency calls therein at any time during
such fiscal year.
3. CITY agrees to employ only properly trained and qualified
lifeguards and supervisory personnel in the discharge of its obligations
under this Agreement, and to maintain and provide an appropriate
training program, satisfactory completion of which shall be mandatory
for all lifeguards employed by CITY. CITY further agrees to provide
adequate supervisory personnel at all times, it being the intent of
the parties that lifeguard service of high quality and standards shall
be available at all times.
4. The standard of service provided shall be subject to the
approval of DISTRICT, and within ten (10) days after the execution of
this Agreement, CITY shall provide the Director of Harbors and Beaches,
a schedule of lifeguard service proposed by it. .
19j 1 5. Each month the CITY shy "l fi e with the Director of Harbors
201; and Beaches, a complete writter. report of its activities and services
21i! rendered pursuant to and under this Agreement.
221; 6. DISTRICT, in consideration of the performance by CITY as in
23 this Agreement provided, does hereby appropriate and agre:. to pay to
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CITY the sum of Seventeen Thousand, Eight hundred seventy -six Dollars
( $17.876 ), payment to be made on the dates and in
installments as follows:
August 1, 1968
September 1, 1968
October 1, 1968
November 1, 1968
February 1, 1969
May 31, 1969
2.
$ 2.979.33
$ 2,979.33
$ 2,979.3
$ 2,979.33
$ 2,979.33
$ 2,979.35
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7. It is expressly understood and agreed that the lifeguard
,service agreed to be. furnished by CITY shall be under the sole and
exclusive direction and employment of CITY, subject, however, to the
Iright of DISTRICT to approve the standards of service, as in this Agree-
ment provided, and subject to the further.right of DISTRICT to request
the placing of a lifeguard station or personnel at any point in the
(unincorporated area of Orange County deemed necessary by the DISTRICT.
S. It is• further agreed, however, that CITY will respond with
(,qualified personnel anywhere within the County of Orange to the extent
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there are qualified personnel available which the Chief Lifeguard of
(the CITY, or his subordinate then on duty, determines are not immedi-
ately needed within the CITY when, in the opinion of the Director of
Harbors and Beaches, an• emergency exists which warrants additional
assistance beyond the ability of any one jurisdiction to control.
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9. It shall be the duty of the Chief Lifeguard of CITY to
immediately notify the DISTRICT in the event of sea rescue or aircraft
emergencies whereby other City, District or State rescue units may be
alerted and coordinated for standby or assistance. .
10. The control and supervision of all lifeguards and other
rescue personnel of the CITY who shall be so called to duty at any such
emergency, shall be in the lifeguard or other public officer or employee
in charge of the area where such emergency occurs.
11. All personnel of.the City while on emergency duty hereunder,
and while going to and returning from the scene of such emergency, shall
be deemed to remain the employee of the CITY; and any State personnel
furnished for an emergency on any beach at which the CITY furnishes
lifeguard service hereunder shall likewise be deemed to remain a State
employee.
12. If, within the CITY'S qualified personnel, there are life-
guards trained to use, and equipped with, Self - Contained Underwater
Breathing Apparatus.(SCUBA), such personnel shall be made available to
serve to the extent reasonably permitted by their capabilities,
3.
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I training, experience and equi:..:.ent as determined by the Chief Lifeguard
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2';of CITY in an Orange.County underwater rescue team coordinated and
3'called into duty by the Director of Harbors and Beaches.
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41 IN WITNESS WHEREOF, DISTRICT has caused this Agreement to be
511executed by the Chairman of the Board of Supervisors, acting as the
611governing board of DISTRICT, and attested by its Clerk, and CITY has
II
7 caused this Agreement to be executed by its Mayor, and attested by its
$;Clerk, all thereunto duly authorized, on the dates set forth opposite
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9their respective signatures.
lOIDATE: _ 1968. CITY OF NEWPORT RRAra
12!ATTEST: By
Mayor
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y
1968.
W. E. ST JOHN
County Clerk and ex- officio Clerk
of its Board of Supervisors
By TZ
Deputy
4.
ORANGE COUNTY HARBOR DISTRICT
By
Chairman ot its Board of
Supervisors
APPROVED ASTO FO
Dated: �9
CITY TT NEX Ji
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anow"co, we
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.: by
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ATTIM3
•
• 272
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
T0: MAYOR AND CITY COUNCIL
FROM: City Manager
(2 0 9,4
July 19, 1968
e.
SUBJECT: AGREEMENT WITH ORANGE COUNTY HARBOR DISTRICT FOR LIFEGUARD PROTECTION ON
UNINCORPORATED BEACHES BY CITY LIFEGUARDS
RECOPTTENDATION:
a. Approve agreement as presented by County in the amount of $17,876
payment for lifeguard services to be rendered and authorize Mayor
to sign and City Clerk to attest thereto.
b. Instruct City staff to review this matter with the Director of the
Harbor District in order that a more equitable arrangement might
be made in 1969 -70.
DISCUSSION:
At its last meeting the City Council was presented with a contract agreement
from the Orange County Harbor District for continuing lifeguard services during 1968 -69
on certain County beaches adjacent to the City. The $17,876 payment recommended by the
County Harbor District represented a $1,864.00 reduction from last year's payment for
the equivalent services.
Approval of this contract was held up pending appeal to the Board of Supervisors
on the entire County payment for lifeguard services in Orange County coastal communities.
As a result of the appeal from Newport Beach and other coastal communities, the Board of
Supervisors has agreed to a payment increase equivalent to a 5% blanket increase on that
portion of the payment covering salaries. This will result in a net increase of $2,730
for Newport Beach. However, it will apply only to those payments involving lifeguarding
services within the City of Newport Beach. No change was made in those direct payments
for protecting County beaches.
Since the City has no other recourse in this matter and since the County
beaches involved are contiguous to Newport Beach residential areas and serve the citizens
of Newport Beach, it is recommended that the contract as proposed by the Orange County
Harbor District in the amount of $17,876 be approved. It is further recommended that the
staff be instructed to reevaluate this matter during the year in order that a more equit-
able arrangement might be made with the Orange County Harbor District in next year's
agreement.
HH:mm
HARVEY L. HURLBURT
T
• • 272
CITY OF NEWPORT BEACH
CITY ATTORNEY,
To: City Clerk
From: City Attorney
July 19, 1968
G -I
Subject: Reimbursement agreement with .the Orange County Harbor
District for lifeguard services for fiscal year 1968 -1969
Attached are:
1. The original and two copies of the subject agreement,
together with attached letters to the City Manager from
the Orange County Harbor District.
2. A resolution which, if adopted by the City Council, will
authorize execution of the agreement on behalf of the City.
THS:mec
Atts.
cc - City Manager
Marine Safety Director
Finance Director
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Tully Se
City Attomaym y
=ILE:
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ORANGE C _,a[ NAR'R
U\01Y "
HARBOR COMMISSION l[RNII i C. C. (JACK) HONER. EYE CHAIRMAN XIIEDI
C. C.(D C. NOXELL VIC CHAIRMAN
AX
TED KUCNEL
W. ALLEN GLUpp DI IA IDIXI
FRANK F. MEAD YA1100 -
July 3, 1968
Mr. Harvey L. Hurlburt, City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr. Hurlburt:
DISTRICT
KENNETH SAMPSON
DIRECTOR • HARBORS 6 BEACHES
1901 BATSIDE DRIVE
NEWPORT BEACH, CALIF. 9Z662
TELEPHONE (TIC) 890.3800
We have been advised by the County Administrative Officer that
the County lifeguard budget for fiscal year 1968 -69 is being
referred to the Board of Supervisors for policy determination.
It has been indicated that the Board will hear this matter some-
time between July 12 and July 16. As you are aware, it is diffi-
cult to pinpoint the exact time and day for the hearing. However,
when additional information of a more specific date is available,
we will notify you.
KCK:mph
Yours very truly,
ORANGE COUNTY HARBOR DISTRICT
KENNETH SAMPSON, Director of
Harbors and Beaches
l
K. C. KLINGER, Deputy ector
.G ,P3u
,tune 28, 1968
_ /C7
Mr. Harvey L. Hurlburt, City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr. Hurlburt:
Enclosed is the Lifeguard Agreement between the City of Newport Beach
and the Orange County Harbor District for fiscal year 1968 -69. The agree-
ment with the County of Orange is being held for further review by the
Board of Supervisors at its budget hearing. As you are aware, the County
Administrative Officer is recommending no increase in the County Lifeguard
Budget over that of fiscal year 1967 -68. Following the hearing, the agree-
ment will be processed.
In the meantime, it would be appreciated if you would submit this Harbor
District agreement to your Council for approval as soon as possible. After
approval, please return the original executed copy to this office for pro-
cessing to the Board of Supervisors, together with a copy of the Council's
resolution approving the agreement. /
ADUxt -Very truly,
K NETH SAMPSON, Uirector ^�
Harbors and Beaches
KS:KCK:mph
Encl
272
ORANGE
C
CHAR
R
DISTRICT
I
HARBOR COMMISSION
w
AEENt1
KENNETH SAMPSON
[. C. (J ACR) Nb OLLET.
CX AIRM AN
kit Ht
,
_
DIRECTOR • HARBORS & BEACHES
RICHARD C. HONER, VICE•CHAIRMAN
�'t
BCALIF. DRIVE
TED KUCNEL
BEACH,
NEWPORT BEACH. CALIF. 92662
W. ALLEN GRUBS
04 IBIt1 '
FRANK F. MEAD
1
TELEPHONE (714) 834.3800
`Et�
,tune 28, 1968
_ /C7
Mr. Harvey L. Hurlburt, City Manager
City of Newport Beach
City Hall
Newport Beach, California
Dear Mr. Hurlburt:
Enclosed is the Lifeguard Agreement between the City of Newport Beach
and the Orange County Harbor District for fiscal year 1968 -69. The agree-
ment with the County of Orange is being held for further review by the
Board of Supervisors at its budget hearing. As you are aware, the County
Administrative Officer is recommending no increase in the County Lifeguard
Budget over that of fiscal year 1967 -68. Following the hearing, the agree-
ment will be processed.
In the meantime, it would be appreciated if you would submit this Harbor
District agreement to your Council for approval as soon as possible. After
approval, please return the original executed copy to this office for pro-
cessing to the Board of Supervisors, together with a copy of the Council's
resolution approving the agreement. /
ADUxt -Very truly,
K NETH SAMPSON, Uirector ^�
Harbors and Beaches
KS:KCK:mph
Encl
August 21, 1968
Mr. Adrdan Kuyper. Canty Counsel
Canty of Orange
County Administration Building
P. 0. Box 1863
Santa Ana, California 92702
Dear Mr. Kuyper:
G- 2
Enclosed for execution by the Board of Supervisors are original
and two copies of agremnent between the County of Orange and the
City of Newport Beach concerning the granting of financial assist-
ance for lifeguard services on City beaches, pursuant to Section 2550'
of the Gotrersemut Code.
Execution of said agxeeamt was authorized by the City Council of
Newport Beach on August-19, 1968, by the adoption of Fasolution
No.,6842, of which two certified copies are attached.
Please return an executed copy of the agreement to my office.
Very truly yours,
Laura L.B408
City CLe*
City of Newport Beach
LL:ih
DWAS:
cc: City Attorney
city Manager
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A G R E E M E N T
THIS AGREEMENT, made and entered into by and between the COUNTY
OF ORANGE, a body politic and corporate, hereinafter referred to as
the "COUNTY," and the CITY OF NEWPORT BEACH , a municipal
corporation, located within the County of Orange, hereinafter referred
to as the "CITY," i
W I T N E S S E T H:
WHEREAS, the CITY is situated on the coastline of the County of
Orange where many and various persons, not necessarily residents of
the CITY, but including as well residents of the COUNTY, all other
counties in the State of California, and of other states and foreign
countries, come for relaxation and enjoyment of the beaches in the
CITY, thereby adding to the burden of the CITY and the necessity of
ample and sufficient lifeguard service on said beaches; and
WHEREAS, the City.Council of the CITY has adopted a resolution
by a four - fifths vote of all its elected members, making therein the
findings required by Sections 25551 and 25552 of the Government Code
of the State of California, a certified copy of which resolution is
attached hereto; and
WHEREAS, the Board of Supervisora of the COUNTY has adopted by
a four- ifths vote of all its members, Resolution No. 61- c15 z ,
dated ly �� , making the findings required by Section
25553 of the Government Code;
NOW, THEREFORE, it is agreed between the CITY and the COUNTY as
follows:
1. CITY agrees to provide lifeguard services during July,
August, September, and June of the 1968 -1969 fiscal year, and at all
such time during the remainder of such fiscal year as the need for the
same may exist, it being expressly understood that CITY shall respond,
with qualified personnel, to emergency calls therein at any time during
such fiscal year.
1.
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2. CITY agrees to employ only properly trained and qualified
2
lifeguards and supervisory personnel in the discharge of its obligations
3
under this Agreement, and to maintain and provide an appropriate
4
training program, satisfactory completion of which shall be mandatory
5
for all lifeguards employed by CITY. CITY further agrees to provide
6
adequate supervisory personnel at all times, it being the intent of
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the parties that lifeguard service of high quality and standards shall
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be available at all times.
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3. COUNTY hereby designates the Director of Harbors and Beaches,
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Orange County Harbor District, as its liaison officer for the purposes
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of the administration of this Agreement. CITY shall file monthly with
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such liaison officer a complete written report of its activities and
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services rendered pursuant to and under this Agreement.
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4. COUNTY, in consideration of the performance by CITY as in
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this Agreement provided, does hereby appropriate and agree to pay to
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CITY the sum of -five Thousand Four Hundred Forty Dollars
12.
_Sixty
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($ 65,440.00 J. payment to be made on the dates and in installments
18
as follows:
19
August 1, 1968 $ 10,906.60
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September 1, 1968 $.10,906.60
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October 1, 1968 $ 10,906.60 _
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November 1, 1968 $ 10,906.60
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February 1, 1969 $ 10,906.60
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May 31, 1969 $ 10,907.00
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5. It is further agreed, however, that CITY will respond with
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qualified personnel anywhere within the COUNTY to the extent there are
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qualified personnel available which the Chief Lifeguard of the CITY,
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or his subordinate then on duty, determines are not immediately needed
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within the CITY when, in the opinion of the Director of Harbors and
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Beaches, an emergency exists which warrants additional assistance
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beyond the ability of any one jurisdiction to control.
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6. It shall be the duty of the Chief Lifeguard of CITY to
immediately notify the Harbor District in the event of sea rescue or
aircraft emergencies whereby other City, District, or State rescue
units may be alerted and coordinated for standby or assistance.
7. The control and supervision of all lifeguards and other
rescue personnel of the CITY who shall be so called to duty at any
Such emergency, shall be in the lifeguard or other public officer:
I
r employee in charge of the area where such emergency occurs.
8. All personnel of the CITY while on emergency duty hereunder,
and while going to and returning from the scene of such emergency,
shall be deemed to remain the employee of the CITY, and any State
personnel furnished for an emergency on any beach at which the CITY
furnishes lifeguard service hereunder shall likewise be deemed to
remain a State employee.
9. If, within the CITY'S qualified personnel, there are life-
guards trained to use, and equipped with, Self- Contained Underwater
Breathing Apparatus (SCUBA), such personnel shall be made available
to serve to the extent reasonably permitted by their capabilities,
training, experience and equipment as determined by the Chief Lifeguard
of CITY in an Orange County underwater rescue team coordinated and
called into duty by the Director of Harbors and Beaches.
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be
executed by the Chairman of its Board of Supervisors, and attested by
its Clerk, and CITY has caused this Agreement to be executed by its
Mayor, and attested by its Clerk, all thereunto duly authorized on
the dates set forth opposite their respective signatures.
DATE: CL !9 , 1968 CITY OF NEWPORT BEACH
—
ATTEST: By , ayor
i
City Cler
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DATE: , 1968
I
ATTEST: A
W. E. $T JOHN
County Clerk and ex- officio Clerk
of the Board of Supervisors of
Orange County, California
Deputy
AP VED TO f'W) jK1
Dated: �; �� l4 (p8:
CITYTIOR Y
By.- l -��'�a -=
COUNTY OF ORANGE, a body politic
and corporate
By � 4j�l
airman or is Board or uper-
visors
i
_._.. 4.
_._.. 4.
7/30/68 (10)
1 ,ECGL'JTION_ noy 664 2
2 A RESOLUTIUt °-, Tom.�{ITY COUNCIL OF THE CITY
OF NEWPORT BE REQtiESTING FINANCIAL AID FROM
3 THE COUNTY OF OItAiGE TO PAY FOR LMGUARD SE&Vlc8
ON CITY BEACHES AND AUTHORIZING THE EXECUTION OF
411 AN AGREEMENT THEREFOR
51 I WHEREAS, the p*.iblic beaches in the City are axed by
6 large numbers of County residents wtui are not residents of the
7 City, resulting in increased costs to the City £or maintenance
8 and iifeouard se raw_es, and
911 WHEREAS, the estimated increase in cost to the City
10 for providing said services for the fiscal year 1968 -1969 is
11 the sum of $65,440.00;an„
12 WHEREAS, an agreement has been presented to the City
13 Council in which Orange County agrees to pay the City $65,440.00..
14 to reimburse the City for said additional costs;
15 NOW, THEREFORE, BE IT RESOLVED that the City Council
16 of the City of Newport Beach hereby requests that the County
17 provide financial assistan:e in the amount of $65,440.00 to
18 reimburse the City for said increased casts.
19 BE IT FURTHFR RESOLVED that the Mayor and City Clerk
201are hereby authorized and directed to execute said agreement an
21 behalf of the City.
22 ADOPTED this 19th day of August 1968.
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hayov
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
I, LAURA LAGIOS, City Clerk of the City of Newport Beach, California,
do hereby certify that according to the records of the City of Newport Beach
filed and maintained in my office, the foregoing Resolution No. 6842 was
duly and regularly adopted, passed, and approved by the City Council of the
City of Newport Beach, California, at a regular meeting of said City Council
held at the regular meeting place thereof, on the 19th day of August , 1968;
by the following vote, to wit:
AYES, COUNCILMEN: McInnis, Parsons, Marshall, Rogers, Gruber, Hirth
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Shelton
Dated this 20th day of August , 1960",
City Clerk and Ex-Offici6jClerk of the
City Council, City of Newport Beach,
State of California
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O:kL
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
September 3, 1968
On motion of Supervisor Allen, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that the Chairman of this Board be and he is hereby
authorized to execute the Agreement between the City of Newport Beach and
the County of Orange for lifeguard services for July, August, September
and June of the 1968 -69 fiscal year dated August 19, 1968, and the Clerk
of this Board is directed to attest to same.
AYES: SUPERVISORS ALTON E. ALIEN, DAVID L. BAKER, WILLIAM J.
PHILLIPS, WM. HIRSTEIN, AND C. M. FEATHERLY
NOES: SUPERVISORS' NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA
s8.
I COUNTY OF ORANGE
it W. E. ST JOHN, County Clerk and ex- officio Clerk of the
Board of Supervisors of Orange County, California, hereby certify that
the above and foregoing Resolution was dukyy,and regularly adopted by the
said Board at a regular meeting thereof, 'held:on the. .3rd. day of
Se tember 1968 , and passed by.a - :unanimous vote of said
Boarci
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
rd day of September 19
(.. W. E. ST JOHN
'.County Clerk and ex- officio Clerk
'of the Board of Supervisors of
Resolution No. 68 -952 r Orange County,,.California
Agreement - Lifeguard
}Services - Newport Beach B = /
k Deputy
CITY OF NEWPORT BEACH
CITY ATTORNEY_
DEPARTMENT
August 5, 1968
To: City Clerk
From: City Attorney
„9y
Subject: Reimbursement agreement with the County of Orange for
lifeguard services for fiscal year 1968 -1969
Attached are:
1. Copy of the subject agreement.
2. A resolution which, if adopted by the City Council, will
authorize execution of the agreement on behalf of the
City.
THS :ajr
Atts.
cc - City Manager
Marine Safety Director
Finance Director
Tully Se
City Attorney
0
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