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
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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,
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to emergency
calls
therein
at any time during such
fiscal
year.
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2.
CITY
agrees
to employ only properly
trained
and qualified
lifeguards
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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.
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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/
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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
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�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
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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