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HomeMy WebLinkAboutC-1319 - Lifeguard services 1970-71CITY OF SAID CLEMENTE November 11, 1970 b IWO I E A10- f V 100 AVENIDA,-PRESIDIO, SAN CLEMENTE, CALIFORNIA - 492 -5101 Supervisor Alton E. Allen Fifth.District Orange County Post Office Box 838 Santa Ana, California 92700 Dear Alton For many years the county of Orange and the coastal cities of Orange County (Huntington Beach, Seal Beach, Newport Beach., Laguna Beach, and San Clemente) have cooperated in the render- ing of_ lifeguard services on public beaches in a manner that has undoubtedly resulted in a high level of efficient service performed at the lowest possible cost to the taxpayers. The specific arrangements consummated through formal contractual agreements have been deemed to be mutually beneficial to the parties concerned. In the spirit of retaining our mutual responsibilities while at the same time improving our organizational capabilities, we ask you consider these future changes in procedural aspects: (1) All agreements shall be entered into prior to the effective date of services being rendered. To elaborate, if the period covered is to be the fiscal year beginning July 1 and ending June 30, then agreements shall be approved and executed by both parties prior to July 1. (2) The financial appropriations made by the county to the cities pursuant to authority contained in G. C. Section 25553 henceforth be from the tax levy of Orange County Harbor District rather than County General tax levy. C. C S J"o aOOCO . r Supervisor Alton E. Allen Page 2 November 11, 1970 Your serious consideration of these constructive suggestions will'be greatly appreciated. If we can be of further assistance, please do not hesitate to call. Very truly yours City of San Clemente City of Lag�tx na Beach By�/L�`L'+"7 r By �, �//�..` " City of Huntington Beach. City of Newport Beach.�° ByJ.� V1'iC�v-V.v cc: Supervisor David Baker n i 17 T Jam.. MINUTES OF THE BOARD OF SUPERVISORS ; i-- OF ORANGE COUNTY, CALIFORNIA December 15, 1970 INSTRUG C. IQ;J0: IN RE- STATEMENT OF GROSS RECEIPTS N UNES, INC. On motion of Supervisor Allen, d y seconded and unanimously carried, the statement of Gross Receip for the month of October, 1970, from Newport Dunes, Inc., is receive as required by the lease dated February 25, 1958, between the County of Orange and Newport Dunes, Inc., and ordered filed. The Clerk is orde)?dd to forward a copy of said statement to the County Auditor - Controller,. ,114 RE: PROPOSED ESIGN OF EL TORO ROAD On.mot' n of Supervisor Hirstein, duly seconded and unanimously carried, the R d Commissioner and County Surveyor is directed to resume design of th E1 Toro Road project with the understanding that adjustments will be ma to the original design in order to reduce environmental damage, a set forth in his letter dated December 8, 1970. 'IN RE: LETTER REGARDING LIFEGUARD SERVICES ON PUBLIC BEACHES On motion of Supervisor Baker, duly seconded and unanimously carried, the letter dated November 11, 1970, from the Cities of San Clemente, .Huntington Beach, Laguna Beach, Newport Beach and Seal Beach, regarding lifeguard services on public beaches, is ordered referred to the County Administrative Officer, the County Counsel and the Director of harbors, Beaches and Parks for study and report to the Board of Supervisors. IN RE: PROGRESS REPORT CITIZENS COMMITTEE ON SANTA ANA RIVER - SANTIAGO CREEK STUDY On motion of Supervisor Hirstein, duly seconded and unanimously DATE Deoember 9, 1970 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. C -1319 and C-1320 Description of Contract Lifeguard services for bath Ci R -7292 Authorized by Resolution No. R -7293 , adopted on October 12, 1970 Effective date of Contract October 14, 1970 Comty of Contract with Orange Cmmty Harbor District Address Amount of Contract See contracts City Clerk , CITY CLERK December 10, 1970 MARINE SAYM DIRECTOR CITY CLERK LIFEGUARD CONTRACTS FOR 1970 -71 Attached are copies of the lifeguard contracts for the City and the unincorporated areas . These contracts were authorized by Resolutions Nos. 7292 and 7293 on October 12, 1970 . The originals are on file in the City Clerk's office. Laura Lagios City Clerk I.L:>wk enc. 2 & 0 MINUTES OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 10, 1970 IN RE: AGREEMENT LIFEGUARD SERVICES CITY OF HU14TINGTON BEACH On motion of Supervisor Balser, duly seconded and unanimously carried, the Chairman and the.Clerk are authorized to sign the Agreement dated November 10, 1970, between the Orange County Harbor District and the City of Huntington Beach, providing for the city to furnish lifeguard services to certain unincorporated beach areas. IN RE: AGREEMENT LIFEGUARD SERVICES CITY OF NEWPORT BEACH On motion of Supervisor Baker, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated November 10, 1970, between the Orange County Harbor District and the City of Newport Beach, providing for the city to furnish lifeguard services to certain unincorporated beach areas. IN RE: AGREEMENT LIFEGUARD SERVICES CITY OF SAN CLEMENTE On motion of Supervisor Baker, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated November 10, 1970, between the Orange County Harbor District and the City of San Clemente, providing for the city to furnish lifeguard services to certain unincorporated beach areas. IN RE: AGREEMENT LIFEGUARD SERVICES CITY OF SEAL BEACH On motion of Supervisor Baker, duly seconded and unanimously carried, the Chairman and the Clerk are authorized to sign the Agreement dated November 10, 1970, between the Orange County Harbor District and the City of Seal Beach, providing for the city to furnish lifeguard services to certain unincorporated beach areas. F f Of 2 -2.2 1' 2 3 4 5 6 7 81 9 10 11, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 0 J 31 32 rcao•,a A G R E E M E N T i THIS AGREEMENT, made and entered into by and between the ORANGE COUNTY HARBOR DISTRICT, hereinafter referred to as the DISTRICT, and the CITY 6F NEWPORT BEACH, a municipal corporation, located within the County of Orange, hereinafter referred to as the CITY, W I T N E S S E T H: WHEREAS, many residents of the CITY utilize the beaches in the unincorporated areas adjacent to the CITY, as well as the beaches of other cities and State beaches located in the County of Orange; i WHEREAS, it is determined by the legislative bodies of both the,CiTY and 8e i DISTRICT that the CITY is better able to provide lifeguard service in the unincorporated; areas adjacent to said City; NOW, THEREFORE, it is agreed between the CITY and the DISTRICT as follows: 1, The CITY shall provide lifeguard services in the following described j unincorporated area: The coastal waters and tidelands areas of the Pacific Ocean and tributary bays and inlets within Orange County between the following lines: A line bearing N. 380 E. running through the most westerly projection of Abalone Point, a headland - 'located in the southerly section of Block 164 of the Irvine Subdivision on the south and the south- westerly prolongation of the boundary of the City of Huntington Beach on the north, which prolonged line is also the easterly property line of the Huntington Beach State Beach, Excepting therefrom that part lying within the incorporated boundaries of the City of Newport. Beach. 2. CITY agrees to provide lifeguard services during July, August, September and June of the 1970 -71 fiscal year, and at all such time during the remainder of such 11 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 AGREEMEFIT, and to i. maintain and provide an appropriate training program, satisfactory completion of which } I. 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 27 28 29 30 31 321 "W -12 shall be mandatory for all lifeguards employed lly 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. 5. Each month the CITY shall file with the Director of Harbors and Beaches, a complete written report of its activities and services rendered pursuant to and under this Agreement. 6. DISTRICT, in consideration of the performance by CITY as in this Agreement provided, does hereby appropriate and agree to pay to CITY the sum of Thirty Five Thousand Six Hundred and Twenty -Six Dollars ($35,626.00), payment to be made on the dates and in installments as follows: . September 1, 1970 $11,875.32 October 1, 1970 $ 5,937,66 November 1, 1970 $ 5,937.66 February 1, 1971 $ 5,937.66 May 31, 1971 $ 5,937.70 . 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 right of DISTRICT to approve the standard of service, as in the.Agreement provided, and subject to the further right of DISTRICT to request the placing of a lifeguard station or personnel at any point in the previously described unincorporated area of Orange County deemed necessary by the DISTRICT. 8. It is further agreed, however, that CITY will respond with qualified personnel anywhere within the County of Orange to the extent.there are qualified personnel available which the Chief Lifeguard of the CITY, or his subordinate then on duty, determines are not immediately 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. 9. It shall be the duty of the Chief Lifeguard of CITY to immediately notify L. { I the DISTRICT in the event of sea rescue or aircraft emergencies whereby other City, 2 District or State rescue units may be alerted and coordinated for standby or assistance. i 3 10. The control and supervision of all lifeguards and other rescue personnel of { 4 the CITY who shall be so called to duty at any such emergency, shall be in the life - 5 guard or other public officer or employee in charge of the area where such emergency I I 6 occurs. 7 11. All pErsonnel of the City while on emergency duty hereunder, and while going to 8 and returning from the scene of such emergency, shall be deemed to remain the employee i 9 of the CITY; and any State personnel furnished for an emergency on any beach at which 10 the CITY furnishes lifeguard service hereunder shall like wise be deemed to remain a 11 State employee. 12 12. If, within the CITY'S qualified personnel, there are lifeguards trained tdw 13 use, and equipped with, Self - Contained Underwater Breathing Apparatus, (SCUBA), such j 14 personnel shall be made available to serve to the extent reasonably permitted by their l 15 capabilities,training, experience and equipment as determined by the Chief 1_ifeguara 16 of CITY in an Orange County underwater rescue team „oordinated and called into duty 17 by the Director of Harbors and Beaches. 18 IN WITNESS WHEREOF, DISTRICT has caused this Agreement to be executed by the 15 Chairman ofthe Board of Supervisors, acting as the governing board of DISTRICT, and 20 attested by its Clerk, and CITY has,caused this Agreement to be executed by its Mayor, 21 and attested by its Clerk, all thereunto duly authorized, on the dates set forth I 22 { opposite their respective signatures, j 23 DATED;_ NOV 10 1970 1970 ORA R DISTRICT 24 *Chain 25 ATTEST: W. E. ST JOHN ts Board of 26 County Clerk and ex- officio Clerk ors of its Board of Supervisors 27 I 28 BY 29 Deputy I - 3Q DATED: j 1970 CITY OF NEWPORT BEACH i 31 I ATTEST: pr Clerk ,' 1 "a yo r Z) AS iO R-1i0A F1J KLAN 7.U7Yt K, County Lovose; j. ORANGE COUNTY, CALIFORNIA 1�0.13 By i Dfpuly 1 PUOX=ION OF TIU; CITY COWCIL OV TAR CITY VENM*'r BLUM JVjTWRj7'TvG -rim W'3CUTTQ'5 U MR TIM COV= RKRY-'C-5k OR' pjkovnlus u, Lirswipn oratVICZ TM TiiZ C-M FOR SUACIW- its 1K, VHZR&A�i� of the City utilize kw,,zahen loc: ted In o-i llv' County adj� _-•nt to the clt)-- ol Newport WMRSAL. �.r in arcemste.ri lq t��o rfmpectfv'�n govorninn, diep mc CAT— city or Dewport S*aab vmnd the aunty R'4r,x)z OF, Lrict ",,mot I t lu lrd �r-rvice be furnishod to Co*,ZPty beadha!�r ,Ydj;icent to the ""ityl -nrAd _ -WA4=, ituch lif �,-.junxd f,Urvicar. cmn be convert; rely and Qcozovrica 11 y by tIa City, snit wuzpavif the -lost of providinq mail mervicam for the ve.ar 1.97 -1971'y and � t - 'MMMS. m r�-,.4-rownont hzin bam presente-I to tlaa City Counci.'i wheroby the U`rmA40 County -H�Irbor ZiRtrict aqro*s to reinburso the City for tsar !)stimated met of providing said I lifarjuatift zarvi--0,51 ww' vmaLxop�r' Be. w TNZ'"'ULVZD thAt the cit"', co*dncil Bpproves acid a-�,reemeat ��md ziuthoriies its execution by thq I. o.Yor And City ClqtXk on «Whalf of the City. �kDOMZ uhis 7th -,Iny of Octol3ftr'_ 'TTZ3T: City c-" -,'ot ki�o�yor TM i z_ Sts 'V)/7/7f.-: 8 9 10 11 12 13 14 J W' 15 m zi °Do V „ " 16 z pZZ Dz 00.17 v 19 21 22 23 24 25 26 27 28 29 30 31 32 VTB: is RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA November 10, 1970 On motion of Supervisor Baker, duly seconded and carried, the following Resolution was adopted: BE IT RESOLVED that the Chairman of this Board be and is hereby authorized to execute the Agreement dated October 14, 1970, by and between the City of Newport Beach and the County of Orange, for life- guard services, and the Clerk of this Board is directed to attest to same. AYES: SUPERVISORS DAVID L. BAKER, ALTON E. ALLEN, WIf,LI.1M J. PHILLIPS AND WM. HIRSTEIN NOES: SUPERVISORS ROBERT W. BATTIN ABSENT: SUPERVISORS NONE STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) is 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 duly and regularly adopted by the said Board at a regular meeting thereof held on the loth day of November , 1970 , and passed by a four- fifths voce of said Board. IN WITNESS WHEREOF, I have hereunto set .my hand ioid.'scal this loth day of November 1970 . W. 1..'ST JOHN County C1erl and ex- officio`Clerk of the Board.of Supery isors; -of Resolution No. 70 -1203 Orange County, California Agreement- Lifeguard Funding - City of Newport Beach BY� -_l v —,Te u t y "A 0 6 II 1 1 AGREEMENT 2 311 THIS AGREEMENT, made and entered into by and between the COUNTY OF ORANGE, 4 I a body politic and corporate, hereinafter referred to as the; "COUNTY ", and the CITY of 5 NEWPORT BEACH, a municipal corporation, located within the County of Orange, hereinafter 6 referred to as the "CITY ", y 7 W I T N E S S E T H: 8 WHEREAS, the CITY is situated on the coastline of the County of Orange where 9 many and various persons, not necessarily residents of the CITY, but including as well 10 residents of the COUNTY, all other counties in the State of California, and of other 11 states and foreign countries., come for relaxation and enjoyment of the beaches in the 12 CITY, thereby adding to the burden-of the CITY and the necessity of ample and suffiacient 13 lifeguard service on said beaches; and 14 WHEREAS, the City Council of the CITY has adopted a resolution by a four- fifths 15 viite of all its elected members, making therein the findings required by Sections 2.5551 16 and 25552 of the Government Code of the State of California, a certified copy of which i 1711 resolution is attached hereto; and 18 I WHEREAS, the Board of Supervisors of the COUNTY has adopted by a four - fifths 19 vote of all its members, Resolution No. dated 20 1970 making the findings required by_Section 25553 of the Government Code; 21 NOW, THEREFORE, it is agreed between the CITY and the COUNTY as follows: 22 1. CITY agrees to provide lifeguard services during July, August, September, 23 and June of the 1970 -1971 fiscal year, and at all such time during the remainder of 241 such fiscal year as the need for the same may exist, it being expressly understood that 251 CITY shall ruspord, with qualified personnel, to emergency calls therein at any time 261 during such fiscal year. 27 1 2. CITY agrees to employ only properly trained and qualified lifeguards and 28 supervisory personnel in the discharge of its obligations under this Agreement, and to 29 maintain and provide an approorla *_e training program, 5atisi:�ctory tompleticn of r:,ith 30 (shall be mandatory for all lifeguards employed by CITY. CITY further agrees to ;provide 31 supervisory personnel at all times, it being the intent of the parties that 32 Jadequate lifeguard service of high quality and standards shall be available at all times. I. • i 3. COUNTY hereby designates the Director of Harbors and Beaches, Orange County Harbor District; as its liaison officer for purposes of the administration of this Agreement. CITY shall file monthly with such liaison officer a complete written report of its activities and services rendered pursuant to and under this Agreement. 4. COUNTY, in consideration of the performance by CITY as in this Agreement provided, does hereby appropriate and agree to pay to CITY the sum of Sixty -five Y Thousand Four Hundred Forty Dollars ($65,440.00), payment to be made on the dates and in installments as follows: September 1, 1970 $21,813.20 October 1, 1970 $10,906.60 November 1, 1970 $10,906.60 February 1, 1971 $10,906.60 May 31, 1971 $10,907.00 5. It is further agreed, however, that CITY will respond with qualified personnel anywhere within the COUNTY to the extent there aIe qualified personnel avai-1- able which the Chief Lifeguard of the CITY, or hi_s subordinate then on duty. determinoc are not immediately 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. , 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 mSy be alerted and coordinated for .standby or .assistance. 7. The control and supervision of ail-lifeguards and other rescue personnel.-. of the CITY who shall be so called to duty at any such emergency, shall be in the life- guard or other public officer or 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 frc.m 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 at which the. CITY furnished lifeguard service hereunder shall likewise be deemed to remain a State employee. 2. 1 -1 �I i U 9: If, within the CITY'S qualified personnel, there are lifeguards 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: _ CC- t../ L, �� , - 1970 CITY OF NEWPORT BEACH ATTEST: City Clerk VA 11: NOV 10 1970 ATTEST: - W. E. ST JOHN County Clerk and ex- afficio Clerk of the Board of Supervisors of. Orange County, California i970 / / Ca i "ter' 4 ;�' J, 0.o _ Z---->z Deputy APPROVED AS TO FOR %. ADRIAN KUYP-&R, County Counsel ORANGE COI.INTY, CALIFORNIA By.......... ............................... Deputy I By aCi96'ls Mayor COUNI•T Or ORANGE, a bnuy pui ILiu and D ee--� Chairmen "of its Boa Supervisors E RMOLUTION OF THM CITY COUNCIL OF TOR @ C >F 11,MFORT DZAC 1 F.W- UESTn?G FINAVCM AIU THE COUNTY OF ORANGE TO PAY VOR LTYEGUARD nS&WrIiC�R�'!: fill CiTy r;SACHM Ago AU'THORTrY.NG THE E'-? iEcu I v OF Ali AORKRNM TRERWW WIMMEAS, than pkiblie big,�cheq in ther City are IXPPd by large nurrbera of County rmssialants who aarx not remi -Aants of the city, resulting in inereasrd =.o )mts to the City for mairatenVAce and ifa3umrd sarvici:�n; find WHERBAS, thc- iv:5timatsd Incre'sss°; iu cost to the City for proviliny %aaid services for U%,? f scnl yc-.ar 1.970- 1971 is the sum of $65,440.0 ; -am! AREAS, an nr,,rstva*nt %an !�,eeai prosentcad to tho City Counci;. in which Orange County a veers to M the Citu $65,440.f to raimburse the City for s.s.id additional costs; NOWe THAMWOR2, BE IT 4tn3OLVED that the City Council of the City of Newport )a*ach h :�reby requests that tho, County provide financial assistance in tho nmaaaunt of $65,444,.': to reimbasrse the City for @a kid inareasod costs. OR IT FURTMA- + OLVE0 that the City €.,snnger and City Cl*pek Are hereby asuthori ed md •directed to €xocute Paid A4reement on behalf of the! City. N)OPTSD this 12th vny of Oeztober. 1971. Inryor 7,: EST: City Clerk adw X7 /7(