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HomeMy WebLinkAboutC-1938 - Lifeguard services - City-owned beachesCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 DATE _gnat 25. 1977 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1938 Description of Contract Lifagnard Sarvico Authorized by Resolution No. 9131 , adopted on 6 -27 -77 Effective date of Contract 7 -1 -77 Contract with g,3M Coanty - Mavironaantal Managa ut Aganey Address v.0_ Am 4048 Sa-ta Ana. CA 92702 Amount of Contract 898,728 City Clerk OUNTYOF RANGE ® ENVIRONMENTAL MANAGEMENT AGENCY ORANGE COUNTY HARBORS, BEACHES & PARKS DISTRICT LOCAL PARKS, TRAILS, SERVICE AREAS RECREATION /OPEN SPACE PROGRAM LARRY M. LEAMAN, MANAGER 811 NO. BROADWAY P. O. BOX 4048 SANTA ANA, CA 92702 714/ 834 -3808 August 23, 1977 Mrs. Doris George, City Clerk City of Newport Beach 1170 Newport Pier Newport Beach, California 92660 Dear Mrs. George: H.G. OSBORNE DIRECTOR C.R. NELSON ASSISTANT DIRECTOR DEVELOPMENT FILE 1977 -78 Lifeguard Financial Assistance Agreement Orange County Board of Supervisors' Resolution No. 77 -1244 authorized the execution of the FY 1977 -78 Lifeguard Financial Agreement with your city. Enclosed is a copy of that Board action and a fully executed copy of the agreement for your files. Continuing with the practice begin last year, we request that you use city invoices when submitting financial assistance payments. Please sub- mit the invoices, according to the payment schedule in the agreement, to: Environmental Management Agency Attention: Budget and Fiscal Post Office Box 1078 Santa Ana, California 92702 Very truly yours, Lar M. Leaman, Program Manager Recreation and Open Space BKW:po Enclosures cc: Carol Graeber Finance Director, City of Newport Beach Y F,ECEIVED CM CLEP1 AUG2; 1977► C,Tr OF NEq"I ' BEACH, i CALIF. 1 2 3 4 5 6 7 8I 9 10 11 12 13 14 W> Wf o�; 15 30 '0Q 4 >W 16 4 >0 0zi 00 17 0 18 19 20 21 22 23 24 25 ° 26 lV c 27 LL I:' M • RECEIVED AUG 9 1977 1. 111. A. RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA August 2, 1977 On motion of Supervisor Clark, duly seconded and carried, the following Resolution was adopted: WHEREAS, many non -city residents utilize the beaches of the cities of Huntington Beach, Laguna Beach, Newport Beach, San Clemente and Seal Beach; and WHEREAS, the cost of maintenance and lifeguard services of the city beaches is increased by reason of use by non -city residents; NOW, THEREFORE 7BE IT RESOLVED that this Board finds that the cost of maintenance and lifeguard services of the city beaches of the cities of Huntington Beach, Laguna Beach, Newport Beach, San Clemente and Seal Beach are increased by reason of their use by non -city residents. BE IT FURTHER RESOLVED that this Board approves the Financial Assistance Agreement with the cities of Huntington Beach, Newport Beach, Laguna Beach, San Clemente and Seal Beach for the fiscal year 1977 -78 in the amount as immediately set forth below and authorizes the Chairman of this Board to execute said Agreements and the Clerk of this Board is directed to attest to same. CITY AMOUNT Huntington Beach $61,109 Laguna Beach 32,792 Newport Beach 98,728 San Clemente 34,821 Seal Beach 23,930 I• (Resolution No. 77 -1244 Lifeguard Financial Assistance Beach Cities 1• • . .. • SUPERVISORS RALPH B. CLARK, PHILIP L. ANTHONY, RALPH A. DIEDRICH AND THOMAS F. RILEY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS LAURENCE J. SCHMIT STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I, JUNE ALEXANDER, 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 2rid day of August , 19 77 , and passed by a unanimous vote of said Board members -present. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 2nd :'—day of August y I tS 19 77 : -1 Ij Clerk of)the< Board of Supervisors; of Oran. County, Cal ifornia_:;-;; 2. 'ry PLEASE RETURN TO��''"''s. • CITY CLERK CITY OF NEWPORT BEACH 3300 NEWPORT BOULEVARD NEWPORT BEACH, CALIF. 92663 1 A G R E E M 6 N T 2 THIS AGREEMENT is made and entes4d into by and between the COUNTY OF 3 ORANGE, a body politic and corporate, hereinafter referred to as the "COUNTY ", 4 and the CITY OF NEWPORT BEACH, a municipal corporation, located within the 5 County of Orange, hereinafter referred to as "CITY ". The implementing agency 6 for the COUNTY shall be the Orange County Environmental Management Agency. 7 WITNESSETH 8 WHEREAS, the CITY is situated on the coastline of the County of 9 Orange, where many and various persons, not necessarily residents of the CITY, 10 but including as well residents of the COUNTY, all other counties in the State 11 of California, and of other states and foreign countries, come for relaxation 12 and enjoyment of the beaches in the CITY, thereby adding to the burden of the CITY 13 and the necessity of ample and sufficient lifeguard service on said beaches; and 14 WHEREAS, the City Council of the CITY has adopted a resolution by a 15 four - fifths vote of all its elected members, making therein the findings re- 16 quired by Sections 25551 and 25552 of the Government Code of the State of 17 California, a certified copy of which resolution is attached hereto, and 18 WHEREAS, the Board of Supervisors of the COUNTY has adopted by a 19 four- fifths vote of all its members, Resolution No. "- /2gV_dated 8/x177 20 making the findings required by Section 25553 of the Government Code; 21 NOW, THEREFORE, it is agreed between the CITY and the COUNTY as 22 follows: 23 1. CITY agrees to provide lifeguard services during July, August, 24 September, and June of the 1977 -78 fiscal year, and at all such time during 25 the remainder of such fiscal year as the need for the same may exist, it 26 being expressly understood the CITY shall respond, with qualified personnel, 27 to emergency calls therein at any time during such fiscal year. 28 2. CITY agrees to employ only properly trained and qualified lifeguards -1- • • and supervisory personnel in the discharge of its obligations under this Agree- ment, and to maintain and provide an on -going training program, satisfactory completion of which shall be mandatory for all lifeguards employed by CITY. For the purposes of this agreement, training and qualification of lifeguard personnel shall comply with National Surf Lifesaving Association of America standards. 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 availalbe at all times. 3. COUNTY hereby designates the Director, Environmental Management Agency as its liaison officer for the purposes of the administration of this Agree- ment. 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 Ninety Eight Thousand Seven Hundred Twenty Eight Dollars ($98,728), payment to be on the dates and installments as follows: September 1, 1977 $ 32,908 October 1, 1977 16,455 November 1, 1977 16,455 February 1, 1978 16,455 May 31, 1978 16,455 5. It is further agreed 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 Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander, an emergency exists which warrants additional assistance beyond the ability of any one jurisdiction to provide. -2- 0 1 6. It shall be the duty of the Chief Lifeguard of CITY to immediately 2 notify the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau 3 Commander, in the event of sea rescue or aircraft emergencies so that other 4 City, District, County, or State rescue units may be alerted and coordinated 5 for standby or assistance. 6 7. All lifeguards and other rescue personnel of CITY, who shall be 7 called on duty at any such emergency, shall be under the control and supervision 8 of the individual in charge where such emergency occurs; the above individual 9 being expressly understood as the Chief Lifeguard, public official, city employee 10 or County employee who has jurisdiction and responsibility over the immediate 11 area where the emergency exists. 12 8. All personnel of the CITY while on wnergency duty hereunder, and 13 while going to and returning from the scene of such emergency, shall be deemed 14 to remain the employee of the CITY; and any State personnel furnished for an 15 emergency on any beach at which the CITY furnishes lifeguard service hereunder 16 shall likewise be deemed to remain a State employee. 17 9. If, within the CITY's qualified personnel, there are lifeguards 18 equipped with and trained to use Self- Contained Underwater Breathing Apparatus 19 (SCUBA), such personnel shall be made available to serve, to the extent reasonably 20 permitted by their capabilities, training, experience and equipment as determined 21 by the Chief Lifeguard of CITY, in an Orange County underwater rescue team 22 coordinated and called into duty by the Orange County Sheriff - Coroner Department, 23 Harbor Patrol Bureau Commander. 24 IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed 25 by the Chairman of the Board of Supervisors and attested by its Clerk, and 26 11/11 27 1111/ 28 1111/ -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 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. DATED ATTEST: DATED ? � r'/ i % ATTEST: _ JUNE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER,:County Counsel ORANGE OUNTY,- CgLIFORNIA By BW:rm344a(1) CITY OF NEWPORT BEACH EVA 00 OWN 69,111,11, COUNTY OF rman or LES noara or 5upervis of Orange County, California APPROVED AS TO FORM: A. J' ty Attorney -4- i u r. 0 5: � : �. � %�:.. ..ii �3:� `�` � a x r`-�1. x "'- ,..,�• .: �, _ ,�� ': "ate �TY OP RAN G E 0 ENVIRONMENTAL MANAGEMENT AGENCY Oil NORTH BROADWAY SANTA ANA, CALIFORNIA JUN 3 1977 H. G. OSBORNE DIRECTOR Mrs. Doris George, City Clerk City of Newport Beach 1170 Newport Pier Newport Beach, California 92660 Dear Mrs. George: TELEPHONE: 894 -5578 AREA CODE 714 MgIl1NG pOOPE99: P.O. BOX 4048 SANTA ANA, CALIFORNIA 92702 FILE 1977 -78 Financial Assistance Enclosed is an original and two copies of a proposed FY 77 -78 Financial Assistance Agreement between the County of Orange and the City of Newport Beach. The agreement provides for a County contribution to the City to help finance a portion of lifeguard service provided to the non -city residents. The agreement includes a 6.5 percent increase over the FY 76 -77 level of assistance. This increase, in accordance with Orange County Board of Supervisors' Resolution 1172 -700, is based on the U. S. Department of Labor's Consumer Price Index for the Los Angeles /Orange County Metropolitan area for calendar year 1976. Government Code Sections 25551 and 25552 require that your City Council: 1) authorize execution of the agreement by four - fifths vote of all its elected members; 2) designate the public beach affected; 3) request financial assistance in the amount of $98,728; and 4) state the additional costs of providing and maintaining lifeguard services due to use by non -city residents. A sample resolution which complies with the Government Code requirements is provided for your convenience, Return all copies of the executed proposed agreement to EMA /Administration, Attention: Betty Watari, together with a copy of the official action by the City Council. Upon approval by the Board of Supervisors, a fully executed copy of the agreement will be returned for your files, Sincerely, H. G. BKW /NM:po Enclosures 0 0 RESOLUTION NO. 9131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LIFEGUARD FINANCIAL ASSISTANCE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE TO HELP PROVIDE LIFEGUARD SERVICE ON CITY -OWNED BEACHES WHEREAS, many non -city residents utilize the beaches of the City of Newport Beach; and WHEREAS, in accordance with Sections 25551 and 25552 of the Government Code of the State of California, the City Council of the City of Newport Beach hereby finds and determines that the use of City -owned beaches by large numbers of non - residents has created an undue financial burden on the City by increasing the costs of providing and maintaining lifeguard services on the following City -owned beaches: Newport - Balboa Ocean Front and Corona del Mar Ocean Front Beaches and protected swimming beaches in Newport Bay; and WHEREAS, Section 25551 of the Government Code of the State of California provides that under such circumstances a city may request financial assistance from the county in which it is located by resolution adopted by a vote of four - fifths (4/5) of all its elected members. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that: (1) The costs of providing and maintaining lifeguard services on City -owned beaches are increased by reason of their use by non -city residents; and (2) A financial assistance request in the amount of $98,728. to the County of Orange is hereby authorized C-1 • in accordance with Section 25551 of the Government Code of the State of California; and (3) The City Clerk is hereby authorized to transmit the financial assistance request by copy of the City Council's action to the County of Orange; and (4) The Mayor and City Clerk are hereby authorized and directed to execute the attached agreement (Exhibit "A ") with the County of Orange providing for such financial assistance. ADOPTED this 27th day of June 1977. Mayor ATTEST: City Clerk DDO /bc 6/21/77