Loading...
HomeMy WebLinkAboutC-2135 - Lifeguard Financial Assistance for Fiscal Year 1979-800 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 2135 0 CITY OF NEWPORT BEACH CALIFORNIA City 11au 7100 W. Newport filed. Area Code 714 DATE November 20, 1979 Description of Contract Lifeguard Finaicial Assistance FY 79 -80 Authorized by Resolution No. 9655 , adopted on October 9, 1979 Effective date of Contract November 1, 1979 Contract with County of Orange Address Amount of Contract 98,037.00 City Clerk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J W F 0z 15 J W W V 4 , W 16 WZu pa4 Jo 0 17 V 18 19 20 21 22 23 24 25 r'Td. v 27 n 0 ti 28 m LL JRF: ® sek 9 11 RESOLUTION OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA December 4, 1979 On motion of Supervisor Wieder, duly seconded and carried, the fol- lowing Resolution was adopted: BE IT RESOLVED that the Clerk of this Board is hereby authorized to sign the Lifeguard Financial Assistance Agreements on behalf of the Board of Supervisors, dated October 8, 1979, on behalf of the County of Orange with the Cities of Seal Beach, Newport Beach, Huntington Beach, Laguna Beach and San Clemente for lifeguard services. / / AYES: SUPERVISORS HARRIETT M. WIEDER, THOMAS F. RILEY, EDISON W. MILLER, RALPH B. CLARK AND PHILIP L. ANTHONY NOES: SUPERVISORS NONE ABSENT: SUPERVISORS NONE 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 4th day- 'of.'cPmr , 19_29__, and passed by a unanimous vote of said Board-..-' IN WITNESS WHEREOF, I have hereunto set my hand and-seal this 4th day-of December , 1979 A JUNE ALEXANDER Clerk of the Bodrdi of Supervisors of Resolution No. 79 -1794 Orange Cbi�ri Lifeguard Financial Assistance Program 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 a A G R E E M E N T El THIS AGREEMENT is 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 "CITY ". The implementing agency for the COUNTY shall be the Orange County Environmental Management Agency. WHEREAS, the CITY is situated on the coastline of the County of Orange, where many and various persons, not necessarily residents of 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 Supervisors of the COUNTY has adopted by a vote of all its members, Resolution No. T74-/'-4 4 dated ✓ ,, sn, a 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 1979 -80 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 the CITY shall respond, with qualified personnel, to emergency calls therein at any time during such fiscal year. 2. CITY agrees to employ only properly trained and qualified lifeguards and supervisory personnel in the discharge of its obligations under this Agreement, and to +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 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 agree- ment, training and qualification of lifeguard personnel shall comply with United States Surf Lifesaving Association standards. CITY further agrees to provide adequate super- visory personnel at all times, it being the intent of the parties that lifeguard service I of high quality and standards shall be available at all times. i 3. COUNTY hereby designates the Director, Environmental Management Agency as its liaison officer [or the 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 Ninety - Eight Thousand Thirty -Seven Dollars 00 /100, payment to be made on the dates and installments as follows: November 1, 1979 $49,019.00 February 1, 1980 $24,509.00 j May 31, 1980 $24,509.00 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 I available which the Chief Lifeguard of the CITY, or his subordinate then on duty, I, 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. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander, in the event of sea rescue or aircraft emergencies so that other City, District, County, or State rescue units may be alerted and coordinated for standby or assistance. -2- • • I 1 7. All lifeguards and other rescue personnel of CITY, who shall be called 2 on duty at any such emergency, shall be under the control and supervision of the indi- 3I vidual in charge where such emergency occurs; the above individual being expressl.y under - 41 stood as the Chief Lifeguard, public official, city employee or County employee who has i 5 jurisdiction and responsibility over the immediate area where the emergency exists. I. 6 8. All personnel of the CITY while on emergency duty hereunder, and while ! 7 going to and returning from the scene of such emergency, shall. be deemed to remain the 8 employee of the CITY; and any State personnel furnished for an emergency on any beach 9 at which the CITY furnishes lifeguard service hereunder shall likewise be deemed to 10 remain a state employee. 11 9. If, within the CITY's qualified personnel, there are lifeguards equipped 12 with and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), such 13 personnel shall be made available to serve, to the extent reasonable permitted by their 14 capabilities, training, experience and equipment as determined by the Chief Lifeguard of 15 CITY, in an Orange County underwater rescue team coordinated and called into duty by 16 the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander. 17 I 10. CITY will, no later than July 16, 1980, submit to COUNTY's Director, 18 Environmental Management Agency, or designee thereof, an accounting of CITY's expense 19 in providing lifeguard service for Fiscal Year 1.979 -80. 20 11. If, as described in clause 10 herein, CITY's approved budget allocation 21 exceeds actual expenditures for CITY's lifeguard services program, COUNTY shall reduce 22 financial assistance subsidy by the same percent; COUNTY shall bill CITY for subsidy 23 paid in excess and, CITY will remit to COUNTY said excess as billed. 24 IN WITNESS GIHEREOF, COUNTY has caused this Agreement to be executed by the 25 Chairman of the Board of Supervisors and attested by its Clerk, and CITY has caused this 26 Agreement to be executed by its Mayor, and attested by its Clerk, all thereunto duly 27 28 /// 11 21 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 0 authorized, on the dates set forth oppostie their respective signatures. CITY OF NEWPORT BEACH DATED C G= �- .. /�.� L ATTEST: City Cle I BY Deputy DATED I ATTEST: JUNE ANd NDER Clerk of the Boa f Supery isors Orange Countalifornia APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA ORANGE ,COUNTY, By � 1 C iC�-A- -r` By - Mayor COUNTY OF ORANGE -4- Chair a of its Board of Super ervisors of Orange County, California N - Octob -r 19, 1979 Mr. Kurt Brittain - R- cr -ation Facilttips Sup- rint�nd,nt County of Oranges 10852 - Douglass Road Anah -im, CA 92806 RA: Lifeguard SPrvic�s ^ncic-svd ar• the original and two copi -s o4 tha agr - -m -nt batwPpn th< City of NAwport B =ach and tho County of Orang for lifoguard - financial assistant.- for :h- fi-ca? y <a,• 1979=�0 which hav= bd6 n -•xo<:ut -d by the Cit;, as authoriz�l by —ia adoption of RAsuluti,'-irdVo. 9655 cn 9, 1979, a c -tttfi -d- copy of which is'als-o - uclos�d. Pl.as- r -turn ane fully - xocut,d copy cf th- agr- -rn -nt 6.;r our fil.�s. DORIS GEORGr: City Clark DG Encl. 0 0 9655 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE COUNTY OF ORANGE FOR LIFEGUARD FINANCIAL ASSISTANCE FOR FISCAL YEAR 1979 -80 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: Balboa, Corona del Mar, and Newport; 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 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 $98,037.00 to the County of Orange is hereby authorized in accordance with section 25551 of the Government Code of the State of California; and 0 0 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 agreement with the County of Orange providing for such financial assistance. ATTEST: City Clerk ADOPTED this 9th day of October , 1979. -2- r kv 10/2/79 CITY OF NEWPORT BEACH Q ly 7y MARINE DEPARTMENT October 9, 1979 ' TO: MAYOR AND CITY COUNCIL ITEM NO.:H2 -D FROM: Marine Department SUBJECT: LIFEGUARD FINANCIAL ASSISTANCE AGREEMENT FROM THE COUNTY OF ORANGE FY 1979 -80 Recommendation If desired, adopt Resolution # authorizing the Mayor and City Clerk to execute the attached agreement prepared by the County of Orange. Discussion The agreement under consideration is between the County of Orange and the City of Newport Beach for Fiscal Year 1979 -80. The agreement provides for a County contribution to the City to help finance a portion of lifeguard services provided to the regional populas (non -city residents). The text of the agreement is the same as those approved by the City Council in the past. The agreement provides for the payment of $98,037 to the City in installments as follows: November 1, 1979 $49,019 February 1, 1980 24,509 May 31, 1980 24,509 TOTAL $98,037 The Board of Supervisors, at their regular meeting of August 28, 1979, set financial assistance subsidies for coastal cities at the same funding levels as the 1978 -79 fiscal year. Provisions for inflation increases were not granted. -/0 -1� David Harshbarger, Director Marine Department DH: mw Attachments 0 C I AGREEMENT E1 THIS AGREEMENT is made and entered into by and between the COUNTY OF ORANGE, 3 a body politic and corporate, hereinafter referred to as the "COUNTY ", and the CITY OF i 4 NEWPORT BEACH a municipal corporation, located within the County of Orange, hereinafter i 5 referred to as "CITY ". The implementing agency for the COUNTY shall be the Orange 6 County Environmental Management Agency. I 7 WITNESSETH 8 WHEREAS, the CITY is situated on the coastline of the County of Orange, where 9 many and various persons, not necessarily residents of 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 i 12 CITY, thereby adding to the burden of the CITY and the necessity of ample and sufficient 13 lifeguard service on said beaches; and i 14 WHEREAS, the City Council of the CITY has adopted a resolution by a four - fifths; I 15 vote of all its elected members, making therein the findings required by Sections 25551 16 and 25552 of the Government Code of the State of California, a certified copy of which 17 resolution is attached hereto; and I i i 18 WHEREAS, the Board of Supervisors of the COUNTY has adopted by a 19 vote of all its members, Resolution No. dated making the j 20 findings required by Section 25553 of the Government Code; I 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, it i 23 and June of the 1979 -80 fiscal year, and at all such time during the remainder of such 1 24 fiscal year as the need for the same may exist, it being expressly understood the CITY 25 shall respond, with qualified personnel, to emergency calls therein at any time during 26 such fiscal 'year. j 27 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 �' 3 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 0 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 agree- ment, training and qualification of lifeguard personnel shall comply with United States Surf Lifesaving Association standards. CITY further agrees to provide adequate super- visory 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. 3. COUNTY hereby designates the Director, Environmental Management Agency as its liaison officer for the 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 Ninety -Eight Thousand Thirty -Seven Dollars 00 /100, payment to be made on the dates and installments I as follows: November 1, 1979 $49,019.00 February 1, 1980 $24,509.00 May 31, 1980 $24,509.00 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. 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notify the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau Commander, in the event of sea rescue or aircraft emergencies so that other City, District, County, or State rescue units may be alerted and coordinated for standby or assistance. -2- 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 G 7. All lifeguards and other rescue personnel of CITY, who shall be called on duty at any such emergency, shall be under the control and supervision of the indi- vidual in charge where such emergency occurs; the above individual being expressly under- stood as the Chief Lifeguard, public official, city employee or County employee who has jurisdiction and responsibility over the immediate area where the emergency exists. 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 lifeguards equipped with and trained to use Self- Contained Underwater Breathing Apparatus (SCUBA), such personnel shall be made available to serve, to the extent reasonable permitted by their capabilities, training, experience and equipment as determined by the chief Lifeguard of i CITY, in an Orange County underwater rescue team coordinated and called into duty by the Orange County Sheriff- Coroner Department, Harbor Patrol Bureau Commander. 10. CITY will, no later than July 16, 1980, submit to COUNTY's Director, Environmental Management Agency, or designee thereof, an accounting of CITY's expense i in providing lifeguard service for Fiscal Year 1979 -80. 11. If, as described in clause 10 herein, CITY's approved budget allocation exceeds actual expenditures for CITY's lifeguard services program, COUNTY shall reduce financial assistance subsidy by the same percent; COUNTY shall bill CITY for subsidy paid in excess and, CITY will remit to COUNTY said excess as billed. IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the j Chairman of the 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 -3- 0 0 authorized, on the dates set forth oppostie their respective signatures. CITY OF NEWPORT BEACH DATED ATTEST: City Clerk ■:l'1 Deputy DATED ATTEST: JUNE ALEXANDER Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA By i By COUNTY OF ORANGE By Chairman of its Board of Supervisors of Orange County, California -4-