HomeMy WebLinkAboutC-2247 - Lifeguard, financial assistance0
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November 25, 1996
Council Agenda
Item 10
To: Mayor and Members of the City Council LTi ?r. c , c
From: Tim Riley, Fire and Marine Chief CI Y of NEwPc
Subject: County Lifeguard Subsidy Agreement 4
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BACKGROUND: (zw e
At the City Council meeting of October 28,1996, Mayor Pro Tern Jan Debay requested a
staff report on the above agreement. Specifically, her request was that staff explain why
the agreement was phased out, what was the phase -out period, and could the
agreement be reinstituted today.
Attached are two staff reports prepared by the City Manager, one dated October 24,
1994, and one dated February 27, 1995. These staff reports answer Mayor Pro Tern
Debay's first two questions.
In regards to whether the subsidy could be reinstituted now, City staff could explore
with the Harbors, Beaches and Parks Department whether the climate is right for
reinstituting the subsidy agreement. As the City Manager pointed out in his staff report
of October 24, 1994, although the County felt that the original rationale for the subsidy
was no longer valid, it was staff's opinion that arguments could be made refuting the
County's rationale and logic, and that the reasons for the existence of the subsidy are
just as valid now and possible more so than in the recent past.
However, inasmuch as the Harbors, Beaches and Parks' special property tax revenues
were utilized for bankruptcy recovery purposes and their revenues have therefore been
reduced by another $4 million per year, it is unlikely that the subsidy would be
reinstituted.
RECOMMENDATION:
Receive and file.
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CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
February 27,1995
Agenda Item No.
TO: Honorable Mayor and Members of the City Council
FROM: Kevin J. Murphy, City Manager V
SUBJECT: COUNTY LIFEGUARD SUBSIDY AGREEMENT
PURPOSE
To seek the City Council's approval of an amendment to the City's current
agreement with the County of Orange on Lifeguard Services.
FACTS
1. On October 24, 1994 1 provided to the City Council the attached staff
report regarding a letter received from the Director of County Harbor,
Beaches and Parks, Bob Fisher, recommending that the County Board of
Supervisors phase -out the lifeguard subsidy program through non - renewal
of the existing subsidy agreements with the coastal cities when they expire
in June 1995.
2. As indicated in the attached report, the City Managers from the affected
cities met with the Director of Harbor, Beaches and Parks and an
alternative recommendation was developed for a phase -out of the
program. The proposed phase -out is described in the October 24th report
and is more definitively described in the attached amendment to the
agreement entered into in 1992.
3. At the City Council meeting on October 24th I recommended that the City
Council continue this item to explore legal avenues which were under
consideration by the City of Huntington Beach to force the County's
payment of the lifeguard subsidy, as well as discussing with soon to be
Supervisor Marian Bergeson her position on this matter so that it could be
determined if the County might be able at a future date to continue the
lifeguard subsidy as has been in place for many years.
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4. In the intervening period since the City Council reviewed this, the County
on December 6, 1994 filed for bankruptcy and the Harbor, Beaches and
Parks Department budget is now much more seriously impacted financially
and it is now in the City's interest to join with Seal Beach, Huntington
Beach, Laguna Beach, and San Clemente in becoming signatories to this
phase -out agreement as opposed to the complete elimination of the
lifeguard subsidy. While it is uncertain at this point to determine whether
the County with tidelands revenues would continue to fund the program, it
is hoped that if the City enters into the agreement along with the other
cities that the County will honor this phase -out program.
RECOMMENDATION
The City Council approve the amended lifeguard subsidy agreement providing for
phasing out of the subsidy over a four fiscal year period.
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Agenda Item #21
CITY
OF
NEWPORT
BEACH
•
OFFICE
OF
THE CITY
MANAGER
October 24, 1994
TO: Honorable Mayor And Members Of The City Council
FROM: Kevin J. Murphy, City Manager
SUBJECT: COUNTY LIFEGUARD SUBSIDY AGREEMENT
PURPOSE:
To seek the City Council's approval of an amendment to the City's current
agreement with the County of Orange on Lifeguard Services.
FACTS:
1. On June 28, 1994 the Director of Harbor, Beaches and Parks, Bob
Fisher, forwarded a letter to the coastal cities in Orange County that are
signatories to an agreement providing for payment to the cities for
lifeguard services. These cities include: Newport Beach, Seal Beach, •
Huntington Beach, Laguna Beach and San Clemente. A copy of the
letter is attached for information, along with a copy of a report prepared
by the County HBP Department which is titled "Report on the Financial
Status of Harbors, Beaches, and Parks and County Tidelands Funds."
2. One of the recommendations in the report cited above is the phasing out
of the Lifeguard Subsidy Program through non - renewal of existing
subsidy agreements which expire in June 1995.
3. Upon receipt of the letter and report, the effected cities met with the
Director of HBP to discuss the County's position in the matter and
determine the fiscal status of the Department supporting the
discontinuation of the Lifeguard Subsidy Program. At the conclusion of
this discussion the City Managers in the effected cities agreed to
recommend to their respective City Councils that rather than a total
elimination of the program in fiscal year 95 -96 that the program be
phased out over a four year period beginning in fiscal year 95 -96.
4. The position of the County's HBP Director on this matter is that the
financial position of the County's HBP Department over the last two fiscal
years has dramatically changed, and in addition to previous reductions
and new fees implemented, the Department must look to further
reductions to balance future HBP budgets. Not unlike the City's budget, •
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the County HBP Budget has had its property tax share- reduced by a shift
of property taxes to the State. This loss to the HBP budget is $4.5 million.
annually on a total expenditure budget of $43.0 million.
5. The County staff has indicated that they believe that the original rationale
for the maintenance of the subsidy is no longer valid. In meeting and
discussing this item with the County staff, they indicated that originally the
subsidy started at a time when there were no County beaches and the
cities receiving the subsidies were very small and had little fiscal ability to
handle the large number of beach visitors. In addition, at the time of the
first subsidy the County's unincorporated population was vastly larger in
comparison to the incorporated cities in the County.
6. In City staff's opinion an argument can be made refuting the County's
rationale and logic, but the fact remains that the subsidy is the County's
and it can be withdrawn in lump sum in fiscal year 95 -96 which would
reduce the City's revenues supporting lifeguard services by $110,000.
The City may be able to secure the votes of a majority of the Supervisors
on this matter, but this is unlikely since only two Supervisors represent
beach communities.
7. The City Councils in Seal Beach and Laguna Beach approved the
amended agreement on October 10th and October 4th respectively. The
Huntington Beach City Council continued this item when it was
considered last Monday evening and asked that their City Attorney
explore legal alternatives to its elimination.
ANALYSIS:
The proposed phase -out of the City's lifeguard
the State's budgetary decisions over the last
"shifted" property taxes from counties, cities
maintain its General Fund operations and
contained in Proposition 98 for the schools.
subsidy results from the fallout of
two fiscal years. The State has
and special districts in order to
the constitutional requirements
The County in turn is passing on new fees or eliminating subsidies to cities in
order to fiscally survive. Examples of this are the jail booking fees, the property
tax collection charges, and now the lifeguard subsidy program. If the past
practice of the State continues in the future, the infighting among other levels of
government over the same tax dollars can be expected to intensify.
RECOMMENDATION:
The City Council approve the amended Lifeguard Subsidy Agreement
providing for a phasing out of the subsidy over a four fiscal year period.
September 19, 1994
Mr. Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92663
RE: Amendment No. 2 to Lifeguard Subsidy Agreement No. D87 -318
Dear Kevin:
At its meeting of September 13, 1994, the Board of Supervisors directed us to
negotiate and return for its consideration an amendment to the Lifeguard
Subsidy agreements with the cities of Huntington Beach, Laguna Beach, Newport
Beach, San Clemente and Seal Beach, respectively, to progressively reduce the
annual lifeguard subsidies for final phase out of the program over the next
four years. •
In accordance with the Board's direction, we have drafted an amendment that
retains the base annual subsidy at $248,248 for FY 1994 -95; reduces the annual
subsidy by 25 percent per year over the following three years, and
discontinues the subsidy thereafter.
Enclosed are four conformed copies of the amendment for signature. Following
your council's approval, please return all four signed copies of the amended
agreement to the attention of Mr. Kenneth W. Scattergood, our Chief of Program
Support at the above address. Mr. Scattergood will transmit the amendment to
the Board of Supervisors for execution. One fully conformed copy of the
executed agreement will subsequently be returned to the city.
Should you have any questions, please contact Mr. Scattergood directly at
834 -6781.
Very truly yours,
Robert G. Fisher, D U Ictor
RWS:ms4090815581086 Ul(-
Enclosures: (4) conformed copies - Amendment No. 2
CC: Kenneth Bruner, Executive Assistant, Fifth District .
Michael M. Ruane, Director, Environmental Management Agency
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MICHAEL M. RYANE
F •
DIRECTOR, EMA. .-
TYC
ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES 8 PARKS
LOCATION:
AN G E
300 N. FLOWER ST.
FOURTH FLOOR
-
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
ENVIRONMENTAL MANAGEMENT AGENCY
P.O. Box 4048
HARBORS, BEACHES AND PARKS
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834 -6667
FAX # 834 -4744
September 19, 1994
Mr. Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92663
RE: Amendment No. 2 to Lifeguard Subsidy Agreement No. D87 -318
Dear Kevin:
At its meeting of September 13, 1994, the Board of Supervisors directed us to
negotiate and return for its consideration an amendment to the Lifeguard
Subsidy agreements with the cities of Huntington Beach, Laguna Beach, Newport
Beach, San Clemente and Seal Beach, respectively, to progressively reduce the
annual lifeguard subsidies for final phase out of the program over the next
four years. •
In accordance with the Board's direction, we have drafted an amendment that
retains the base annual subsidy at $248,248 for FY 1994 -95; reduces the annual
subsidy by 25 percent per year over the following three years, and
discontinues the subsidy thereafter.
Enclosed are four conformed copies of the amendment for signature. Following
your council's approval, please return all four signed copies of the amended
agreement to the attention of Mr. Kenneth W. Scattergood, our Chief of Program
Support at the above address. Mr. Scattergood will transmit the amendment to
the Board of Supervisors for execution. One fully conformed copy of the
executed agreement will subsequently be returned to the city.
Should you have any questions, please contact Mr. Scattergood directly at
834 -6781.
Very truly yours,
Robert G. Fisher, D U Ictor
RWS:ms4090815581086 Ul(-
Enclosures: (4) conformed copies - Amendment No. 2
CC: Kenneth Bruner, Executive Assistant, Fifth District .
Michael M. Ruane, Director, Environmental Management Agency
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PROJECT: City of Newport Beach Agreement No. D87 -318
Amendment No. 2
Lifeguard Subsidy Program
AMENDMENT TO AGREEMENT
This AMENDMENT to AGREEMENT is made and entered into this
day of , 1994,
BY AND BETWEEN
The City of Newport Beach,
hereinafter referred to as "CITY,"
AND
The County of Orange, specifically
the Environmental Management Agency,
hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, on December 15, 1987, the COUNTY, as the successor to the
former Harbors, Beaches and Parke District, and the CITY entered into a
five -year agreement, hereinafter referred to as the "Original Agreement,"
for the provision of lifeguard services at CITY owned and operated public
beaches; and
WHEREAS, the term of the Original Agreement was extended until June 30,
1997 by amendment dated June 23, 1992, hereinafter referred to as the "First
Amendment;" and
WHEREAS, as a result of the state's permanent reallocation of local
property taxes, COUNTY'S Harbors, Beaches and Parke County Service Area No.
26 revenue has been reduced; and
WHEREAS, this tax reallocation has necessitated a re- evaluation of
Harbors, Beaches and Parks funded contributions to other programs, including
the Lifeguard Subsidy Program; and
WHEREAS, both CITY and COUNTY desire to revise and clarify the terms,
provisions and conditons of the Original Agreement and First Amendment
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Agreement No. D87 -318
thereto for a gradual phase -out of annual lifeguard subsidy.
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THEREFORE, CITY and COUNTY hereby agree as follows:
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1. EFFECT OF AGREEMENT. This Amendment to Agreement is intended to
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further amend the Original Agreement and the First Amendment as such
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agreements apply to the Lifeguard Subsidy Program. The Original Agreement
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remainds in full force and effect except as modified herein.
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2. TERM OF AGREEMENT. Paragraph "1" of the first amended Original
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Agreement is amended to extend the term of this Agreement until June 30, 1998.
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3. REQUESTS FOR ADJUSTMENTS. Paragraph "10" is deleted.
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4. ANNUAL SUBSIDY AMOUNT. Paragraph "11" is amended and replaced to
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read as follows:
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COUNTY shall annually ontribute funds for the Lifeguard guard Subsidy
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Program in the below amounts for each corresponding fiscal year. This amount
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is the total amount budgeted by the COUNTY and will be distributed each year
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among each participating coastal city in direct proportion to the actual
.
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sale costs aid for life guarding services in the
salary p g g preceding fiscal year.
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Percentage
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Fiscal Year Amount Difference
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FY 1994 -95 $248,248 1001
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FY 1995 -96 $186,186 75t
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FY 1996 -97 $124,124 SOt
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FY 1997 -98 $62,062 25t
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S. OTHER PROVISIONS. TERMS AND CONDITIONS. All other provisions, terms
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and conditions of the Original Agreement shall remain unchanged and in full
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force and effect.
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CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: PURCHASING /ADMINISTRATIVE SERVICES DEPARTMENT
FROM: CITY CLERK - / ((% 4-5 3
Y / -,J
DATE: August 4, 1995
SUBJECT: Contract No. C -2247
Description of Contract Amendment to Lifeguard Subsidy_
Effective date of Contract May 16, 1995
Authorized by Minute Action, approved on February 27, 1995
Contract with Orange County Environmental Management Agency
Address Harbors, Beaches and Parks
we
Santa Ana, CA 92702 -4048
Amount of Contract (See
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
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Agenda Item No.
• CITY OF NEWPORT BEACH evTHe CITY Co
cm oFoa,
OFFICE OF THE CITY MANAGER r I
February 27, 1995
ED
TO: Honorable Mayor and Members of the City Council
FROM: Kevin J. Murphy, City Manager
SUBJECT: COUNTY LIFEGUARD SUBSIDY AGREEMENT
PURPOSE
To seek the City Council's approval of an amendment to the City's current
agreement with the County of Orange on Lifeguard Services.
•FACTS
1. On October 24, 1994 1 provided to the City Council the attached staff
report regarding a letter received from the Director of County Harbor,
Beaches and Parks, Bob Fisher, recommending that the County Board of
Supervisors phase -out the lifeguard subsidy program through non - renewal
of the existing subsidy agreements with the coastal cities when they expire
in June 1995.
2. As indicated in the attached report, the City Managers from the affected
cities met with the Director of Harbor, Beaches and Parks and an
alternative recommendation was developed for a phase -out of the
program. The proposed phase -out is described in the October 24th report
and is more definitively described in the attached amendment to the
agreement entered into in 1992.
3. At the City Council meeting on October 24th I recommended that the City
Council continue this item to explore legal avenues which were under
• consideration by the City of Huntington Beach to force the County's
payment of the lifeguard subsidy, as well as discussing with soon to be
Supervisor Marian Bergeson her position on this matter so that it could be
determined if the County might be able at a future date to continue the
lifeguard subsidy as has been in place for many years.
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In the intervening period since the City Council reviewed this, the County . •
on December 6, 1994 filed for bankruptcy and the Harbor, Beaches and
Parks Department budget is now much more seriously impacted financially
and it is now in the City's interest to join with Seal Beach, Huntington
Beach, Laguna Beach, and San Clemente in becoming signatories to this
phase -out agreement as opposed to the complete elimination of the
lifeguard subsidy. While it is uncertain at this point to determine whether
the County with tidelands revenues would continue to fund the program, it
is hoped that if the City enters into the agreement along with the other
cities that the County will honor this phase -out program.
RECOMMENDATION
The City Council approve the amended lifeguard subsidy agreement providing for
phasing out of the subsidy over a four fiscal year period.
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CITY OF NEWPORT BEACH
• OFFICE OF THE CITY MANAGER
October 24, 1994
Agenda Item #21
TO: Honorable Mayor And Members Of The City Council
FROM: Kevin J. Murphy, City Manager
SUBJECT: COUNTY LIFEGUARD SUBSIDY AGREEMENT
PURPOSE:
To seek the City Council's approval of an amendment to the City's current
agreement with the County of Orange on Lifeguard Services.
FACTS:
• 1. On June 28, 1994 the Director of Harbor, Beaches and Parks, Bob
Fisher, forwarded a letter to the coastal cities in Orange County that are
signatories to an agreement providing for payment to the cities for
lifeguard services. These cities include: Newport Beach, Seal Beach,
Huntington Beach, Laguna Beach and San Clemente. A copy of the
letter is attached for information, along with a copy of a report prepared
by the County HBP Department which is titled "Report on the Financial
Status of Harbors, Beaches, and Parks and County Tidelands Funds."
2. One of the recommendations in the report cited above is the phasing out
of the Lifeguard Subsidy Program through non - renewal of existing
subsidy agreements which expire in June 1995.
3. Upon receipt of the letter and report, the effected cities met with the
Director of HBP to discuss the County's position in the matter and
determine the fiscal status of the Department supporting the
discontinuation of the Lifeguard Subsidy Program. At the conclusion of
this discussion the City Managers in the effected cities agreed to
recommend to their respective City Councils that rather than a total
• elimination of the program in fiscal year 95 -96 that the program be
phased out over a four year period beginning in fiscal year 95 -96.
4. The position of the County's HBP Director on this matter is that the
financial position of the County's HBP Department over the last two fiscal
years has dramatically changed, and in addition to previous reductions
and new fees implemented, the Department must look to further
reductions to balance future HBP budgets. Not unlike the City's budget,
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the County HBP Budget has had its property tax share reduced by a shift
of property taxes to the State. This loss to the HBP budget is $4.5 million
annually on a total expenditure budget of $43.0 million.
5. The County staff has indicated that they believe that the original rationale
for the maintenance of the subsidy is no longer valid. In meeting and
discussing this item with the County staff, they indicated that originally the
subsidy started at a time when there were no County beaches and the
cities receiving the subsidies were very small and had little fiscal ability to
handle the large number of beach visitors. In addition, at the time of the
first subsidy the County's unincorporated population was vastly larger in
comparison to the incorporated cities in the County.
In City staff's opinion an argument can be made refuting the County's
rationale and logic, but the fact remains that the subsidy is the County's
and it can be withdrawn in lump sum in fiscal year 95 -96 which would
reduce the City's revenues supporting lifeguard services by $110,000.
The City may be able to secure the votes of a majority of the Supervisors
on this matter, but this is unlikely since only two Supervisors represent
beach communities.
7. The City Councils in Seal Beach and Laguna Beach approved the
amended agreement on October 10th and October 4th respectively. The
Huntington Beach City Council continued this item when it was
considered last Monday evening and asked that their City Attorney
explore legal alternatives to its elimination.
ANALYSIS:
The proposed phase -out of the City's lifeguard subsidy results from the fallout of
the State's budgetary decisions over the last two fiscal years. The State has
"shifted" property taxes from counties, cities and special districts in order to
maintain its General Fund operations and the constitutional requirements
contained in Proposition 98 for the schools.
The County in turn is passing on new fees or eliminating subsidies to cities in
order to fiscally survive. Examples of this are the jail booking fees, the property
tax collection charges, and now the lifeguard subsidy program. If the past
practice of the State continues in the future, the infighting among other levels of
government over the same tax dollars can be expected to intensify.
RECOMMENDATION:
The City Council approve the amended Lifeguard Subsidy Agreement
providing for a phasing out of the subsidy over a four fiscal year period.
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UNTY OF
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MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES & PARKS
s 3 \RANGE
ENVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
September 19, 1994
Mr. Kevin Murphy, City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92663
RE: Amendment No. 2 to Lifeguard Subsidy Agreement No. D87 -318
Dear Kevin:
LOCATION:
300 N. FLOWER ST.
FOURTHFLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834 -6667
FAX # 834 -4744
At its meeting of September 13, 1994, the Board of Supervisors directed us to
negotiate and return for its consideration an amendment to the Lifeguard
Subsidy agreements with the cities of Huntington Beach, Laguna Beach, Newport
Beach, San Clemente and Seal Beach, respectively, to progressively reduce the
annual lifeguard subsidies for final phase out of the program over the next
four years.
In accordance with the Board's direction, we have drafted an amendment that
retains the base annual subsidy at $248,248 for FY 1994 -95; reduces the annual
subsidy by 25 percent per year over the following three years, and
discontinues the subsidy thereafter.
Enclosed are four conformed copies of the amendment for signature. Following
your council's approval, please return all four signed copies of the amended
agreement to the attention of Mr. Kenneth W. Scattergood, our Chief of Program
Support at the above address. Mr. Scattergood will transmit the amendment to
the Board of Supervisors for execution. One fully conformed copy of the
executed agreement will subsequently be returned to the city.
Should you have any questions, please contact Mr. Scattergood directly at
834 -6781.
Very, /t /rJuly yours, —c
Om / Robert G. Fisher, D U Ictor
KWS:ms4090815581086 G�W
Enclosures: (4) conformed copies - Amendment No. 2
cc: Kenneth Bruner, Executive Assistant, Fifth District
Michael M. Ruane, Director, Environmental Management Agency
1 PROJECT: City of Newport Beach Agreement No. D87 -318
Amendment No. 2
2 Lifeguard Subsidy Program
3
AMENDMENT TO AGREEMENT
4
i This AMENDMENT to AGREEMENT is made and entered into this 1'
�
5 day of M�, 1995,
6 BY AND BETWEEN
The City of Newport Beach,
7 hereinafter referred to as "CITY,"
8 AND
9 The County of Orange, specifically
the Environmental Management Agency,
hereinafter referred to as "COUNTY."
10
11 RECITALS
12 WHEREAS, on December 15, 1987, the COUNTY, as the successor to the
13 former Harbors, Beaches and Parks District, and the CITY entered into a
14 five -year agreement, hereinafter referred to as the "Original Agreement,"
15 for the provision of lifeguard services at CITY owned and operated public
16 beaches; and
17 WHEREAS, the term of the Original Agreement was extended until June 30,
18 1997 by amendment dated June 23, 1992, hereinafter referred to as the "First
Amendment;" and
19
20 WHEREAS, as a result of the state's permanent reallocation of local
21 property taxes, COUNTY'S Harbors, Beaches and Parks County Service Area No.
22 26 revenue has been reduced; and
23 WHEREAS, this tax reallocation has necessitated a re- evaluation of
24 Harbors, Beaches and Parks funded contributions to other programs, including
the Lifeguard Subsidy Program; and
26�j WHEREAS, both CITY and COUNTY desire to revise and clarify the terms,
+� provisions and conditons of the Original Agreement and First Amendment
2d
28 thereto for a gradual phase -out of annual lifeguard subsidy.
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Agreement No. D87 -318
thereto for a gradual phase -out of annual lifeguard subsidy.
THEREFORE, CITY and COUNTY hereby agree as follows:
1. EFFECT OF AGREEMENT. This Amendment to Agreement is intended to
further amend the Original Agreement and the First Amendment as such
agreements apply to the Lifeguard Subsidy Program. The Original Agreement
remainds in full force and effect except as modified herein.
2. TERM OF AGREEMENT. Paragraph "1" of the first amended Original
Agreement is amended to extend the term of this Agreement until June 30, 1998.
3. REQUESTS FOR ADJUSTMENTS. Paragraph 1110" is deleted.
4. ANNUAL SUBSIDY AMOUNT. Paragraph "11" is amended and replaced to
read as follows:
COUNTY shall annually contribute funds for the Lifeguard Subsidy
Program in the below amounts for each corresponding fiscal year. This amount
is the total amount budgeted by the COUNTY and will be distributed each year
among each participating coastal city in direct proportion to the actual
salary costs paid for lifeguarding services in the preceding fiscal year.
Percentage
Fiscal Year Amount Difference
FY 1994 -95 $248,248 100%
FY 1995 -96 $186,186 75%
FY 1996 -97 $124,124 50%
FY 1997 -98 $62,062 25%
5. OTHER PROVISIONS, TERMS AND CONDITIONS. All other provisions, terms
and conditions of the Original Agreement shall remain unchanged and in full
force and effect.
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Agreement No. D87 -318
WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly
authorized representative as of this date set forth above.
DATE: MAY 1 6 1995
.1:1VOM
AT TES__
City Clerk
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT RAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Kn i+u._i, E. CCOCNO, ACTING
Clerk of the Board of Supervisors
of Orange County, California
KWS:ms4081111252298
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COUNTY OF ORANGE]
BY: t]r29!
Chairman of the Board of
Supervisors of Orange Coun ,
California
CITY OF NEWPORT BEACH
BY:
Mayor j
City Attorney
APPROVED AS TO FORM:
TERRY ANDRUS, COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
BY:
Deputy
':
.I L
BOARD OF SUPERVISORS •
ORANGE COUNTY, CALIFORNIA
MINUTES
MAY 16, 1995
COASTAL WATERS MAINTENANCE AND SAFETY PROGRAMS: Supervisors
Marian Bergeson and James W. Silva recommend actions which reflect current and future
budget restraints regarding three coastal issues: Harbor Dredging; Coastal City Lifeguard
Assistance; and the Coastal Beach and Bay Water Monitoring Program.
MOTION: On motion by Supervisor Bergeson, seconded by Supervisor Silva, the Board
moved to: 1. Authorize the Environmental Management Agency (EMA) to pursue plans,
specifications and permits for dredging projects at Dana Point Harbor, Newport Harbor and
Sunset Marina. 2. Authorize execution of Amendment No. 2 to Agreements Nos. D87 -316
through D87 -320 with the cities of Huntington Beach, Laguna Beach, Newport Beach, San
Clemente and Seal Beach, respectively, to progressively reduce annual lifeguard subsidies
for final phase out of the program over the next four years. 3. Direct EMA, the Health Care
Agency (HCA), and the Sheriff s Department to finalize an alternative to HCA's water
quality monitoring program to reduce costs, and avoid General Fund expenditures, while
still safeguarding public health and safety, and return to this Board for approval within 45
days. MOTION UNANIMOUSLY CARRIED.
• •
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
March 2, 1995
(714) 644 -3005
Mr. Kenneth W. Scattergood, Chief of Program Support
Harbors, Beaches and Parks
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
RE: Amendment No. 2 to Lifeguard Subsidy Agreement D87 -318
Dear Mr. Scattergood:
At February 27, 1995, City Council of Newport Beach approved
City /County Lifeguard Subsidy Agreement. Enclosed please
find the two original signed agreements.
Following execution by the Board of Supervisors, please
return one copy to this office for our files.
SSiin))cerely,
(/,�
Wanda E. Raggio
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
0
•
(3v
Agenda Item #11
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
NOVEMBER 14, 1994
,t- 11 -12 -7V,
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KEVIN J. MURPHY, CITY MANAGER
SUBJECT: LIFEGUARD SUBSIDY C - 2zy7
I would request that the City Council continue to December 12th it's discussion of the
County Harbor Beaches and Parks Department's proposed contract amendment with
the City for a phased elimination of our Lifeguard Subsidy. I've spoken with the City of
Huntington Beach and Senator Bergeson's office regarding this matter and would like
time to further pursue these conversations.
Agenda Item #21
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
October 24, 1994
TO: Honorable Mayor And Members Of The City
FROM: Kevin J. Murphy, City Manager KU✓'
L
Council
SUBJECT: COUNTY LIFEGUARD SUBSIDY AGREEMENT C - 2 Z �/7
PURPOSE:
To seek the City Council's approval of an amendment to the City's current
agreement with the County of Orange on Lifeguard Services.
FACTS:
1. On June 28, 1994 the Director of Harbor, Beaches and Parks, Bob
Fisher, forwarded a letter to the coastal cities in Orange County that are
signatories to an agreement providing for payment to the cities for
lifeguard services. These cities include: Newport Beach, Seal Beach,
Huntington Beach, Laguna Beach and San Clemente. A copy of the
letter is attached for information, along with a copy of a report prepared
by the County HBP Department which is titled "Report on the Financial
Status of Harbors, Beaches, and Parks and County Tidelands Funds."
2. One of the recommendations in the report cited above is the phasing out
of the Lifeguard Subsidy Program through non - renewal of existing
subsidy agreements which expire in June 1995.
3. Upon receipt of the letter and report, the effected cities met with the
Director of HBP to discuss the County's position in the matter and
determine the fiscal status of the Department supporting the
discontinuation of the Lifeguard Subsidy Program. At the conclusion of
this discussion the City Managers in the effected cities agreed to
recommend to their respective City Councils that rather than a total
elimination of the program in fiscal year 95 -96 that the program be
phased out over a four year period beginning in fiscal year 95 -96.
4. The position of the County's HBP Director on this matter is that the
financial position of the County's HBP Department over the last two fiscal
years has dramatically changed, and in addition to previous reductions
and new fees implemented, the Department must look to further
reductions to balance future HBP budgets. Not unlike the City's budget,
3
the County HBP Budget has had its property tax share reduced by a shift
of property taxes to the State. This loss to the HBP budget is $4.5 million
annually on a total expenditure budget of $43.0 million.
5. The County staff has indicated that they believe that the original rationale
for the maintenance of the subsidy is no longer valid. In meeting and
discussing this item with the County staff, they indicated that originally the
subsidy started at a time when there were no County beaches and the
cities receiving the subsidies were very small and had little fiscal ability to
handle the large number of beach visitors. In addition, at the time of the
first subsidy the County's unincorporated population was vastly larger in
comparison to the incorporated cities in the County.
6. In City staff's opinion an argument can be made refuting the County's
rationale and logic, but the fact remains that the subsidy is the County's
and it can be withdrawn in lump sum in fiscal year 95 -96 which would
reduce the City's revenues supporting lifeguard services by $110,000.
The City may be able to secure the votes of a majority of the Supervisors
on this matter, but this is unlikely since only two Supervisors represent
beach communities.
7. The City Councils in Seal Beach and Laguna Beach approved the
amended agreement on October 10th and October 4th respectively. The
Huntington Beach City Council continued this item when it was
considered last Monday evening and asked that their City Attorney
explore legal alternatives to its elimination.
ANALYSIS:
The proposed phase -out of the City's lifeguard subsidy results from the fallout of
the State's budgetary decisions over the last two fiscal years. The State has
"shifted" property taxes from counties, cities and special districts in order to
maintain its General Fund operations and the constitutional requirements
contained in Proposition 98 for the schools.
The County in turn is passing on new fees or eliminating subsidies to cities in
order to fiscally survive. Examples of this are the jail booking fees, the property
tax collection charges, and now the lifeguard subsidy program. If the past
practice of the State continues in the future, the infighting among other levels of
government over the same tax dollars can be expected to intensify.
RECOMMENDATION:
The City Council approve the amended Lifeguard Subsidy Agreement
providing for a phasing out of the subsidy over a four fiscal year period.
b
0 F
G E
June 28, 1994
0
MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES & PARKS
ENVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
LOCATION:
300 N. FLOWER ST.
FOURTH FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834 -6667
FAX # 834 -4744
Mr. Kevin Murphy, City Manager
City of Newport Beach
Post Office Box 1768
Newport B��+eaach''', California 9 8 -8915
Dear Mr. prth
As you ar ware, for many years the County has provided an annual subsidy to
your and other county coastal cities, to partially defray your costs for
lifeguarding on city beaches. Since 1982 the total annual subsidy has been
fixed at $248,248, divided among the five coastal cities in proportion to
their respective actual lifeguarding costs. The proportionate share for your
city this past year was $110,420.72
You may not be aware that also since 1982, the County's source of funding for
the lifeguard subsidy, has been from the countywide Harbors, Beaches and Parks
(HBP) Fund. The primary source of HBP revenues is its allocated share of
property taxes. As with your city, actions by the State Legislature the past
two years to reallocate property taxes, have significantly reduced annual HBP
financing.
Attached for your information is a report on HBP's financial status, presented
today to the Board of Supervisors. The report presents several
recommendations to mitigate the permanent loss of property tax revenues. One
of these recommendations is to consider phasing out the lifeguard subsidy
program after FY 1994/95. Specifically, the Board of Supervisors approved the
following, directing:
"...EMA to submit a report within 60 days regarding phasing out HBP
funding of Lifeguard subsidy Program by non - renewal of existing subsidy
agreements...; and to advise affected cities of report preparation and to
work with them to identify alternative funding sources."
My staff is assigned the responsibility of preparing this study over the next
sixty days. We are interested in meeting with you or your designee to discuss
the lifeguard subsidy, and alternatives for funding lifeguard services. We
will incorporate information and concerns from your city in our report to the
Board of Supervisors.
3
Page 2
Ken Scattergood, Chief, EMA /HBP Program Support, is assigned to prepare this
report. I would appreciate your designating a contact person with whom we can
coordinate your city's input to our report. Your designee can contact Ken at
(714) 834 -6781 for more detailed information, and to schedule a mutually
convenient time and place to meet.
Very truly yours,
s
i o
Robert G. Fisher, Director
Harbors, Beaches and Parks
REH:dme
4062814533873
I
`
AGENCY /DEPT. USE
CLERK USE ONLY
AGERDA' ITEM- TRANSMITTAL
•
•
•
CAD REVIEW
y 0°
❑ Cacur
c C0N.EM YES...
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CO: BOARD OF SUPERVISORS COUNTY OF ORANGE
CONTACT FOR INFORMATION PHONE
FROM: EMA FILE:
Gil Scofield 834 -2830
Bob Hamilton 834 -6779
MEETING DATE
SUBIECT
June 28, 1994
Harbors, Beaches and Parks (HBP) and County Tidelands Fu
=;ZL
Financial Status Report
SUMMARY OF REQUEST (DcwiP'IW for aeeMa)
Environmental Management Agency is providing Financial Status Report of Harbors, Beaches
and Parks (HBP) and County Tidelands Funds. Due to funding shifts revenue has been lost.
To offset these loses HBP is exploring the need to develop revenue, continue cost
containment activities, establish funding priorities and combine fund units.
ADDITIONAL DATA:
Continuing revenues from property tax and fees declined from $32.3 million in FY 1991 -92 to
$28.6 million in FY 1992 -93. For FY 1993 -94 revenue is budgeted to decrease by another
$.8 million. By taking early measures to contain costs, EMA has kept operating cost
increase to one percent, while opening six new parks and absorbing five percent in salary
adjustments. In order to continue levels of service now being provided, as well as
capital repair and expansion programs, additional budget savings must be pursued and other
revenue sources need to be explored. HBP Commission was presented recommendations on May
4, 1994 and concurred on May 25. EMA requests Board approval of recommendations.
PREVIOUS RELEVANT BOARD ACTIONS ON THIS SPECIFIC ITEM:
None
FUNDING SOURCE(S)
CURRENT YEAR COST
ANNUAL COST
BUDGETED? YES NO
N/A
N/A
N/A
I N/A
WILL PROPOSAL REQUIRE ADDITIONAL PERSONNEL?
CONSISTENT WITH BOARD POLICY?
X NO IF YES. STATE NUMBER PERMANENT LIMITED TERM
YES X NEW ITEM OR EXCEPTION
RECOMMENDED ACTION
1. Receive and file EMA /HBP and Tidelands Financial Status Report.
2. Direct EMA to continue cost containment strategies including transition of appropriate
maintenance services to private contracts.
3. Direct EMA to utilize facility design.standards to minimize ongoing operating costs
of new facilities.
(continued on reverse)
CONCURRENCES(NaWk Me)
ATTACHMENTS
Report on the Financial Status of HBP
and Tidelands
Robert G. Fisher, Director DATf Michael M. Ruane, Director, EMA
Harbors, Beaches & Parks, EMA
AGENDA ITEM '
TRANSMITTAL - -.__._�_ .. �I " ?- .. _. ._.•__
4. Adopt.HBP and Tidelands annual capital program funding goals, in priority
order: a. up to $1 million to repair and replace amenities, and correct
safety hazards at existing facilities; b. $1.5 million future infrastructure
reconstruction; c. $2 million acquisition; and, d. up to $2 million for
new amenities and new facilities.
S. Direct EMA to submit a report within 60 days regarding phasing out HBP funding of
Lifeguard Subsidy Program by non - renewal of existing subsidy agreements expiring
6/30/95; and to advise affected cities of report preparation and to work with them
to identify alternative funding sources.
6. Direct EMA to include $1 million for Urban Parks Program in its annual HBP budget
submittal, with final funding level subject to budget hearings and deliberations.
7. Reaffirm priority of HBP and Tidelands lease revenue program as a means of
replacing lost property taxes; establish a goal of a minimum $300,000 increase in
annual revenues.
B. Direct EMA to continue and expand promotional, marketing and sponsorship
activities for HBP and Tidelands facilities in order to maximize public
utilization and revenues from recreation facilities.
9. Direct EMA to review existing fee schedule, including potential demand- I
based modifications that better reflect service costs.
I`
COUNTY OF ORANGE
ENVIRONMENTAL MANAGEMENT AGENCY
REPORT ON THE FINANCIAL STATUS
OF
HARBORS, BEACHES & PARKS
AND
COUNTY TIDELANDS FUNDS
JUNE, 1994
MICHAEL M. RUANE
DIRECTOR
ORANGE COUNTY BOARD OF SUPERVISORS
ROGER R. STANTON GADDI H. VASQUEZ
First District Third District
HARRIETT M. WIEDER WILLIAM G. STEINER
Second district Fourth District
THOMAS F. RILEY
Fifth District
E
EXECUTIVE OVERVIEW
E
This is a report on Harbors, Beaches and Parks' financial condition resulting from the State's
reallocation of property taxes. It highlights the management actions implemented by ENIA to
adjust to the new fiscal realities. It also outlines policy issues that the Board of Supervisors can
address to further mitigate the impacts of HBP's lost revenues.
Expenditure cuts and operational efficiencies in the last year have saved $1.3 million annually.
However, FY 1993 -94 revenues will be $15.2 million below what was forecasted four years ago
(see graph below). The shortfall worsens next year and beyond. Additional measures are
necessary to continue current levels of service and a viable capital program.
The range of potential measures discussed in this report include: reducing reserves, lowering
levels of service, closing facilities, ending city subsidies for lifeguard services, adjusting fees and
reducing the Urban Parks Program.
HBP OPERATING FUND
mm,009
S70
$60
$50
S40
S30
S20
S10
SO
89 -90 91 -92 93 -94 P " 95 -96 P 97.98 P
90 -91 92 -93 94-95 P 96-97 P
Emu* q aFewN awtva am FBA
REVENUE AND COST IMPACTS SINCE FY 1992 -93
• Property Tax Shift $ 4.5 Million
• SDAF Eliminated $ 1.0 Million
• 5% in Salary Level Adjustments $ 1.7 Million
• Four New Facilities Opened
• Six Facilities Programmed to Open
• Facility Depreciation Continues
NET SAVINGS IMPLEMENTED
• EMA Cost Containment & Privatization
$ 1.2 Million
• EMA Overhead Reallocation
$ 0.6 Million
• Harbor Patrol Cost Containment
$ 0.2 Million
• Position Deletions to Date
28 Positions
• Increased Volunteer Usage
32 Positions (FTE)
• Capital Projects Deferred
Result: Operating Expenditure Increase Held to 1% over 2 years
CURRENT STATUS
* Reduced level of revenues is insufficient to maintain past operating expenditure levels
and capital budget requirements (in millions)
Expenditure Levels Revenues
Current Operations (FY 92/93 Actual) $32.9
New Facilities Operations 1.5
Contributions to Other Agencies 2.3
Capital Program 6.5
Land Acquisitions $2.0
New/Expanded Facilities 10
Depreciation /Replace 1.5
Totals $43.0 $33.3
s
7
• Reduce levels of service
• Close. or leave parks unstaffed at low use times
• Standardize designs in new facilities
• Review costs for services from others
• Reduce subsidy programs
• Use capital reserves for operations
• Defer development and opening of new facilities
• Increase public use of existing facilities
• Develop new revenue - generating leases and concessions
• Increase user fees
• Refine fee waiver policies
RECOMMENDATIONS
Direct EMA to continue cost containment strategies including transition of appropriate
maintenance services to private contracts.
2. Direct EMA to utilize facility design standards to minimize ongoing operating costs of new
facilities.
Adopt funding goals for HBP and Tidelands annual capital program, in priority order: a. up to
$ I million to repair and replace amenities, and correct safety hazards to existing facilities; b.
$1.5 million future infrastructure reconstruction; c. $2 million acquisition; and d. up to $2
million for new amenities and new facilities.
4. Direct EMA to submit a report within 60 days regarding phasing out HBP funding of
Lifegdard Subsidy Program by non - renewal of existing subsidy agreements expiring
6/30/95; and to advise affected cities of report preparation and to work with them to
identify alternative funding sources.
5. Direct EMA to include $1 million for Urban Parks Program in its annual HBP budget submittal,
with final funding level subject to budget hearings and deliberations.
6. Reaffirm priority of HBP and Tidelands lease revenue program as a means of replacing lost
property tares; establish a goal of a minimum $300,000 increase in annual revenues.
Direct EMA to continue and expand promotional, marketing and sponsorship activities for HBP
and tidelands facilities in order to maximize public utilization and revenues from recreation
facilities.
Direct EMA to review existing fee schedule, including potential demand -based modifications
that better reflect service costs.
9
I INTRODUCTION
0
This report provides an overview of Orange County Harbors, Beaches & Parks' (HBP) regional
recreation operations, capital improvement program, and contributions to other agencies, and County
Tidelands Funds. Included are historical perspectives along with current financial status and future
financing strategies.
In the mid -1960s Orange County's regional recreation system consisted of two regional parks, one
harbor and several beach areas. Today's system of vaned recreational facilities includes 18 regional
parks and nature preserves, six historical parks and sites, three harbors, eight beaches and beach parks,
and over 100 miles of trails. During the next two years, six more facilities currently being designed or
under construction are scheduled for completion.
The primary funding source for regional recreation is the annual allocated share of property taxes to the
HBP CSA No. 26. In FY 1992 -93 HBP began facing serious financial challenges as a result of the
continuing economic recession that hindered government revenues. In order to balance the State's
ongoing budget deficiency, local property tax allocations were permanently reduced. As a direct result
HBP's property tax revenue was reduced and the Special District Augmentation Fund was eliminated.
The tax cuts and a slower economy reduced HBP's continuing annual revenue by $4.5 million in FY
1991 -92. Moreover, due to the combined effects of the tax cut and a slower economy, for FY 1993 -94
continuing HBP revenues will be $15.2 million below what was forecasted four years ago.
Reports from economic research organizations and state officials indicate that the State's budgetary
outlook is not improving. The Governor's FY 1994 -95 State budget proposal and State Legislature
deliberations to date indicate that further reductions in local government property tax allocations are not
proposed at this time. However, based on budget balancing actions by the Legislature the past two
years, reduction or reallocation of local property taxes in FY 1994 -95 and later years remains possible.
Revenue losses have forced the search for cost reductions and supplementary revenue. To date EMA
reduced operating costs an estimated $1.3 million annually. Despite these management actions annual
HBP operating expenses are now exceeding recurring annual revenues by $2.7 million. Therefore, HBP
is unable to financially support operating and capital programs envisioned in the late 1990s, based on
forecasts of continuing growth in HBP property tax revenues.
As a result of prior revenue reductions, financial strategies for the future are explored. These strategies
identify areas of cost reduction, supplementary revenue, and operational changes allowing EMA to carry
out its HBP responsibilities.
U
1 1
• •
A. Formation
Harbors, Beaches and Parks (HBP) County Service Area No. 26 was formed by Board
Resolution in 1989. This countywide entity was the successor to the former Harbors, Beaches
and Parks District originally created following a voter approved bond election in 1934.
Newport Bay and Dana Point Tidelands properties were granted in trust to Orange County from
the State of California in 1919 and 1961, respectively.
B. Authority
Authority is derived from Harbors and Navigation Code Section 5800 et. seq. (Harbor
Improvement Districts) and Government Code Section 25210 et. seq. (County Service Areas).
Regulations related to Orange County's use of Newport Bay and Dana Point Tidelands are
contained in State's Chapter 415 (1976) and Chapter 321 (1961), respectively.
C. Responsibilities
Orange County's open space and recreation objectives are to acquire, improve, and maintain
recreational facilities. Additional responsibilities include preservation and protection of cultural
resources and operation of interpretive programs. Current facilities include:
TYPE
QUANTITY
Small Craft Harbors
3
Public Beaches and Shoreline Accessways
8
Regional Parks: Urban, Natural, and Wilderness
16
Nature Preserves
2
Historical Sites
6
Recreational Trails
100+ miles
During the next two years Wagon Wheel Canyon, Bolsa Chica, Upper Newport Bay, Arden,
Talbert Nature Preserve, and Modjeska Nature Preserve are scheduled for opening. In addition
50 miles of trails will be completed by next fiscal year.
Tidelands areas, covering Dana Point Harbor and portions of Newport Harbor, may only be used
for marine- related commercial, navigation and recreational purposes. Revenues generated from
tidelands uses may legally only be spent within respective tidelands area.
2
D. Funding
0
Primary HBP funding source is its allocated share of property tax, pursuant to Sections 97 and
98 of the California Revenue and Taxation Code. Property taxes historically comprise about
80% of continuing annual HBP funding. Other principal continuing revenue sources are parking
and reservation fees, lease and concession rents, and interest. Non - recurring State and Federal
grants help fund capital improvements.
County tidelands revenues are primarily derived from lease and concession rents. By Board
policy, whenever annual tidelands revenues are insufficient to fund their operating and capital
costs, HBP funds are loaned to cover shortfalls.
III PROGRAMS
A. Regional Recreation Program
1. operating Expenses
a. FY 1992 -93 Actual Costs
Total operating expenses for FY 1992 -93 were $32.9 million, These expenses can be
divided into three groups.
1) Facilities Operation and Maintenance ($17 million, 52% of total)
HBP facilities are managed by EMA's Harbors, Beaches and Parks Function.
Operations staff consist of park rangers, park attendants, groundskeepers, animal
attendants and HBP support staff. Examples of these services are interpretive
tours, restroom cleaning, zoo animal care, picnic and room reservations, and
landscape maintenance.
2) EMA Support Services ($9 million, 27% of total)
With a broad range of responsibilities, EMA provides various support services to HBP
programs and interests. Examples of direct services supplied to the HBP program are
heavy equipment operation, vegetation control, surveying, water quality testing,
clerical support, and environmental planning services. Other services provided
include agency overhead and support, computer and mapping systems, and
countywide wildlife and habitat management planning.
1 '�
0
3) County of Orange Support Services ($6.9 million, 21% of total)
County services provided and billed to HBP include general overhead support, property
tax collections and Treasurer's investment expense. Sheriff Coroner Department Harbor
Patrol services are $5.5 million annually or 17% of total HBP and tidelands funds annual
expenses.
EMA also maintains a 20% "cash flow reserve" in the HBP Operating Fund to cover expenditures
until the first property tax installment is received in December. Presently this amount is $6.2 million.
b. FY 1993 -94 Budget
During FY 1993 -94 budget year the following cost cutting measures were implemented or
scheduled by fiscal year end.
1) Selected maintenance services previously performed by regular County staff were privatized
in accordance with EMA Fiscal and Organizational Review. Including related staff
positions deleted through attrition, net annual savings from these contracts totals $362,000.
2) Sixty positions are planned for deletion by attrition in accordance with the EMA Fiscal and
Organizational Review. Twenty eight of these positions were deleted to date.
These position deletions relate to shifts from staff to contract work, and reduced or
re- prioritized workload, and not to reductions in levels of service. Net savings from these
position deletions is largely subject to costs from replacement contracts and is yet to be
determined.
3) Operation of Featherly Regional Park campground was privatized at a minimum net annual
savings of $400,000.
4) Efforts continue to seek new and revised leases to decrease maintenance and operating
expenses, and add lease rental income.
5) Volunteer programs, including an Adopt -A -Park Program, are being expanded to facilitate
and encourage volunteer maintenance and interpretive programs. These programs allow
enhanced public services without paid staffing. Volunteer hours in 1991 totaled 41,547.
During 1993, volunteers provided 67,627 service hours of supporting rangers, maintenance
and specialized services, artists, fossil curators, and landscape architects. Measured in full
time equivalent positions, this equals over 32 employees.
6) Agency expenses allocated among various EMA funds were reviewed and revised.
Estimated savings to HBP exceed $600,000.
lil
�i
0
2. Revenues
0
Continuing revenues from property tax and fees declined from $32.3 million in FY 1991 -92 to
$28.6 million in FY 1992 -93. For FY 1993 -94 revenue is budgeted to decrease by another $.8
million. Property tax revenues are not expected to achieve FY 1991 -92 levels until FY
1995 -96. Total revenue projections assume no increases to recreational fees.
3. Summary of Regional Recreation Program
By taking early measures to contain costs, EMA has kept operating cost increases to one
percent over the past two years. This has been accomplished while opening six new parks and
absorbing five percent in salary adjustments. With the Sheriffs Department cooperation, FY
1992 -93 Harbor Patrol costs were reduced by $245,000. Cost containment measures to date
have been achieved without reducing current levels of service. Additional net savings from a
combination of cost reductions and increased non - property tax revenues must also be pursued
in order to continue providing the same quality enjoyment for residents of Orange County.
4.Strategies for the Future
Options for addressing the current fiscal situation include containing costs, increasing revenues
and reducing levels of service. Further discussion of five such strategies follows.
a. Cost Containment
Originating with EMA's Fiscal and Organizational Review and continuing in reaction to FY
1992 -93 property tax reductions, EMA achieved positive results by aggressively pursuing
cost containment strategies in the past 18 months. These efforts are continuing. Additional
savings may be achieved as EMA completes the transition of certain maintenance services
from County staff to private contracts. As previously noted, privatized maintenance is
estimated to have saved $362,000. Further significant savings are not expected without
impacting current service levels.
b. Asset Management
Rental payments from asset management and leasing program provides second largest
source of revenues. This is a high priority EMA program. Although most H13P properties
are deed- or grant- restricted to recreation - related lease uses, with continued aggressive
pursuit of lease development alternatives and Board support for such uses, EMA and GSA
project an average of $300,000 per year in added revenues as an achievable goal. Current
priorities for new leases include a portion of 137 acre Mile Square Center Triangle, and a
golf course at Mason Regional Park. Increased revenues from lease renewals is also being
pursued.
c. Marketing and Promotional Activities
EMA proposes to develop promotional and marketing programs to maximize public
utilization of HBP facilities. A primary focus of these programs will be to promote
revenue - generating uses of HBP locations and facilities suitable for special public activities
such as weddings, small conferences and off -site business meetings. By doing so, greater use
can be made of existing facilities that will increase revenue. Advertising the unique qualities
of the park facilities will also attract a broader range of users.
d. Parking and Reservation Fees
Parking yields about $1.5 million annually, derived from the existing fees set in 1987. An
informal survey of surrounding counties confirms that their fees for similar uses are generally
higher than Orange County's. Orange County's daily parking fees are historically the lowest
among Southern California counties.
However, Orange County is the only county in the region for which a portion of countywide
property taxes is directly allocated to the regional recreation program. However, other
jurisdictions adjust fees seasonally or during high usage periods; both of these strategies
should be explored further.
Reservation fees yield about $500,000 annually and were last updated in 1991. These fees are
for camping, room reservations, large group usage and interpretive tours. Since the fees were
last updated facilities have been added or improved. Historical facilities usage fees are
not included in the current fee schedule other than the Historic Courthouse. The conference
center at Santiago Oaks is expanded and available for weddings. These facilities are new
sources for revenue.
e. Reduce Service Levels
If cost containment fails to effect sufficient savings, then service level reductions could be
implemented. This could include closing selected parks facilities, or leaving them unstaffed,
on low usage days or months. Under this scenario, some costs would continue for the
maintenance and preservation of the facility, although daily operations costs would be
eliminated. Another alternative is for parks to remain open and significantly reduce staffing.
Both of these options have significant disadvantages to the public and to the investment in our
capital facilities, and would only be recommended in response to further State actions to
drastically cut HBP property tax revenues.
In addition to facility operation and maintenance, the broader regional recreation program
includes: continuing growth through acquisitions and new facility development; and facility
repair and reconstruction.
We
I
• •
1. History
Acquisition of new facilities has been accomplished over the past fifteen years primarily
through land dedications required of major landowners and developers through the planning
process. This yielded several new regional park facilities and enabled preservation of nearly
fifteen thousand acres of lands rich in natural resources and habitats. With the majority of the
large unincorporated area land holdings now developed or planned for future development,
EMA expects most future acquisitions will occur through purchases.
Board of Supervisors previously directed a minimum of $2 million budgeted annually for
property acquisitions. Discretionary development of new facilities or added amenities at
existing facilities is a continuing objective to meet public recreational demands.
Additionally, capital projects are undertaken to restore the useability of facilities. These
include reconstructing or replacing deteriorated facility amenities and minor infrastructure
components, dredging of park lakes and harbor areas, and other requirements to correct
potential safety hazards.
2. Expenditures
FY 1993 -94 capital program expenses are budgeted at $21.8 million, with $12.9 million
projected to be spent. Capital projects for HBP and tidelands reflects further reductions in
previously authorized projects due to minimal new capital funding. Most capital projects
were originally budgeted in a previous fiscal year, and are substantially offset by grants or
other special revenue sources available only for capital project purposes. Owing to past
success in obtaining grants for HBP projects, the current capital budget contains several
significant new facility development projects, despite severely reduced availability of new
HBP capital program funding.
3. Revenues
Prior to the FY 1992/93 property tax reductions, total annual HBP financing was sufficient to
allocate $4 to $6 million for capital purposes. However, no new HBP funding has been
available for capital purposes for the past two years. The currently budgeted capital program is
financed mostly from grants and other outside sources, totaling $16.8 million or 71% of the
capital program budget.
Existing Board policy establishes a $12 million capital reserve to generate interest earnings for
annual capital projects funding. Board previously authorized loans from this reserve for other
HBP purposes. Present balance is $8.9 million due to the Laguna Laurel loan of $3.1 million.
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4. Summary of Capital Program
The following levels of funding are identified as goals for annual capital improvements
funding (in millions of dollars). Currently, continuing revenues are only adequate to meet
operating expenses and contributions to other public agencies.
Acquisition $ 2.0 Consistent with existing Board policy.
Development 3.0 Facilities at existing and new sites
supplemented by grants as available.
Design standards to emphasize low
maintenance costs. Includes critical
projects such as dredging and replacing
deteriorated structures and infrastructure.
Capital Depreciation 1.5 Estimated at this time, pending completion
_ of consultant study currently underway.
Total 6.5
5. Capital Program Strategies for the Future
a. Standard designs would help reduce costs for new or replacement facilities. These
standards could include building designs for use at most facilities, building materials that
are locally obtainable, and landscaping requiring little or no maintenance. These standards
would help reduce initial capital program costs and future operational repairs.
b. Most HBP facilities were initially developed from the late 1960s to the early 1980s.
Aging of these facilities eventually requires costly reconstruction or replacement of major
infrastructure and structures. EMA commissioned a consultant study to evaluate the
present condition and useful life of EBP facilities, and recommend a plan to develop
sufficient financing for major reconstruction when needed.
c. Current capital reserves could be canceled and reappropriated during the annual budget
cycle. This would give the capital program $12 million additional funding for one year,
but would reduce future annual interest earnings.
Alternatively, capital reserves could be combined with general reserves that were
established to provide cash flow until the receipt of property tax revenues each December.
EMA recently studied the separate HBP Funds and recommended consolidation to achieve
accounting efficiencies. Combining the two funds would allow consolidation of the two
reserves. Interest earnings from consolidated reserves, estimated at approximately $1
million per year, could provide permanent funding for capital depreciation needs. a
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C. Contributions to Other Public Agencies
HBP contributes funding to other public agencies' recreational programs through the Urban Parks
Program, lifeguard subsidies, and harbor matching funds.
1. History
Urban Parks Program was established by the Board in FY 1987 -88, to fund up to $2 million
from the Special Districts Augmentation Fund annually. Board subsequently modified the
annual program funding in FY 1989 -90 to $2 million from HBP and up to $1 million SDAF,
depending on annual allocations.
Increasing to $2 million from HBP was based upon Ei�1A financial projections presented at
that time showing significantly growing HBP property tax revenues over a five year period.
Through FY 1992 -93 this program has been allocated a cumulative $11.9 million, of which
$8.1 million or 68% was expended or contracted for city and some County park projects.
Lifeguard Subsidy Program allocates nearly $250,000 annually to five coastal cities in
proportion to respective costs for lifeguarding on city beaches. The original reasoning for this
program was that countywide residents use city beaches.
Program was established in the 1940s, funded by the County General Fund; funding was
reassigned to HBP in the early 1980s. Present annual funding level remained unchanged for
over 15 years. In addition, $30,000 in HBP funds are also contributed on a matching basis to
two coastal cities for harbor debris removal programs.
2. Expenditures
Annual contributions to Other Agencies are for Urban Parks Program ($2 million), subsidies
to coastal cities to defray beach lifeguard costs ($.25 million), and matching funds to two
cities for harbor debris removal ($30,000).
3. Revenues
None of these programs generate money other than interest on unspent funds. Revenues from
SDAF, used to supplement the Urban Parks Program, were eliminated in FY 1993 -94.
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4. Summary of Contributions to Other Public Agencies
Current policy sets annual contribution funding, in millions of dollars, as follows:
Urban Parks $2.00
Lifeguard Subsidy .25
Debris Removal .03
$ 2.28
5. Contributions to Other Public Agencies: Strategies for the Future
Given the revenue shortfalls impeding the full funding of in -house recreational programs,
contributions to other public agencies should be re- evaluated.
a. Urban Parks Program
In line with reductions to property taxes, the Urban Parks Program could be reduced, to the
former HBP funding level of $1 million annually.
b. Phase Out Lifeguard Subsidy Program
Over the past 12 to 15 years Orange County acquired, developed and operated four beach
parks along the coast, swimming beaches at Dana Point and Newport Harbor, and several
shoreline beaches. These County beach and swim areas are within or adjacent to
subsidized coastal cities, and serve both coastal city and inland beach users. HBP costs to
provide lifeguards at its beach facilities are nearly $1 million per year.
Therefore, the original rationale for the subsidy programs is no longer as valid and should
be re- examined in light of new funding constraints. Alternative city sources of funding
could also be cooperatively explored.
D. Tidelands
1. History
Tidelands funds for Newport Bay and Dana Point, finance operations and maintenance in their
respective areas. County is legally obligated to use all revenues derived from commercial
uses of tidelands for reinvestment in operations, maintenance or further improvement of the
respective tidelands areas. Board policy requires HBP to supplement shortfalls when
expenditures exceed revenues, subject to future repayment to HBP from any annual tidelands
revenue surplus. As of June 30, 1993 the two funds had received $6.3 million in net
cumulative supplements from HBP.
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In 1982 California State sued Orange County HBP concerning uses of Dana Point Harbor
Account trust funds outside the Dana Point Trust Grant. An October 1988 settlement resulted
in Newport Bay Tidelands, County General, HBP and HBP capital account owing $3,168,311
to Dana Point but Dana Point owed $14,891,848 to HBP for harbor development costs.
Newport Bay Tidelands owes $481,410 to HBP capital fund.
In 1989, $1.5 million was loaned to Newport Bay Tidelands from HBP Capital fund. As of
June 30, 199' ) $14,508 remains to be repaid.
2. Expenditures
Harbor Patrol services are the tidelands' major expense. FY 1992 -93 Harbor Patrol costs are
$2.4 million. Respective shares of the cost of these services constitute about 49% of Newport
Bay Tidelands funding and 41 % of Dana Point Tidelands funding.
Maintenance and staffing for tidelands facilities total $1.6 million, plus $.9 million in capital
project costs. Total costs for maintenance, staffing, capital projects and Harbor Patrol costs
are $5.9 million for both funds.
Cost containment measures are also being reviewed for tidelands facilities, but the marine
atmosphere requires greater level of maintenance then regional facilities. Additional review is
needed to identify more places to economize including levels of service.
3. Revenues
Tidelands revenue is derived from commercial leases in Newport Bay and Dana Point
Harbors, facilities usage fees at Dana Point Youth and Group Facility and parking meters
located Dana Point. FY 1992 -93 revenue totals $5 million for both funds. Recreation fees
brought in $.25 million. Last year's revenues for the Dana Point parking meter site was $.08
million. These three sources of revenue totaled $5.33 million for both funds.
4. Summary of Tidelands Funding
Tidelands revenues are less than operating and capital project requirements cost. Generating
additional revenues from leases s, rents parking meters, and user fees will help offset costs and
eliminating the need for subsidies from HBP. Further cost cutting measures are needed to
keep expenditures from exceeding revenues. Deferring maintenance is not practical.
5. Tidelands Strategies for the Future
Tidelands funds are unable to cover all operations and maintenance costs. As HBP revenue
decreases, less money will be available to cover tidelands shortfalls. In addition, previous
shortfalls remain for repayment to HBP.
a. Savings may be achieved at tidelands facilities by further privatization. .
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b: Service levels provided by HBP staff at beach facilities may be reviewed for possible
reductions.
c. As tidelands marina leases are up for renewal, options for near -term revenue increases
should be reviewed.
d. Parking meter rates were last adjusted in 1991 and could be adjusted to be competitive
with meter rates of other coastal agencies in the area.
e. The tidelands areas have unique sites for weddings, receptions and family outings.
Comparison to surrounding facilities could identify additional areas of revenue from user
fees.
IV. Conclusions
Orange County's Harbors, Beaches and Parks funds acquire, develop, operate and manage EMA
administered recreational facilities throughout Orange County. These facilities include open space,
parks, harbors, beaches, trails and historic sites. All facilities are operated and maintained for the
benefit of the general public. Existing and planned HBP facilities provide a rich heritage for current
and future generations.
Orange County's regional recreation program suffered a significant loss of revenue over the past two
fiscal years. EMA reduced regional recreation facilities operating costs while opening new parks for
public enjoyment.
In order to continue levels of service now being provided, as well as capital repair and expansion
programs, additional budget savings must be pursued. These budget savings will require management
actions and policy changes to reduce costs and increase non - property tax revenues.
HBP cannot continue funding programs without depleting capital reserves. Contributions provided to
other public agencies were established or transferred to HBP when there was revenue available. Other
sources need to be explored. Inability of Tidelands Funds for self sufficiency placed additional
pressures on regional and capital programs to meet on going maintenance and development costs.
15
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j • •
PROJECT: City of Newport Beach Agreement No. D87 -318
Amendment No. 2
Lifeguard Subsidy Program
AMENDMENT TO AGREEMENT
This AMENDMENT to AGREEMENT is made and entered into this
day of , 1994,
BY AND BETWEEN
The City of Newport Beach,
hereinafter referred to as "CITY,"
AND
The County of Orange, specifically
the Environmental Management Agency,
hereinafter referred to as "COUNTY."
RECITALS
WHEREAS, on December 15, 1987, the COUNTY, as the successor to the
former Harbors, Beaches and Parks District, and the CITY entered into a
five -year agreement, hereinafter referred to as the "Original Agreement,"
for the provision of lifeguard services at CITY owned and operated public
beaches; and
WHEREAS, the term of the Original Agreement was extended until June 30,
1997 by amendment dated June 23, 1992, hereinafter referred to as the "First
Amendment;" and
WHEREAS, as a result of the state's permanent reallocation of local
property taxes, COUNTY'S Harbors, Beaches and Parks County Service Area No.
26 revenue has been reduced; and
WHEREAS, this tax reallocation has necessitated a re- evaluation of
Harbors, Beaches and Parks funded contributions to other programs, including
the Lifeguard Subsidy Program; and
WHEREAS, both CITY and COUNTY desire to revise and clarify the terms,
provisions and conditons of the Original Agreement and First Amendment
-1-
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Agreement No. D87 -318
thereto for a gradual phase -out of annual.lifeguard subsidy.
THEREFORE, CITY and COUNTY hereby agree as follows:
1. EFFECT OF AGREEMENT. This Amendment to Agreement is intended to
further amend the Ori•3ina1 Agreement and the First Amendment as such
agreements apply to the Lifeguard Subsidy Program. The Original Agreement
remainds in full force and effect except as modified herein.
2. TERM OF AGREEMENT. Paragraph "1" of the first amended Original
Agreement is amended to extend the term of this Agreement until June 30, 1998.
3. REQUESTS FOR ADJUSTMENTS. Paragraph "10" is deleted.
4. ANNUAL SUBSIDY AMOUNT. Paragraph I'll" is amended and replaced to
read as follows:
COUNTY shall annually contribute funds for the Lifeguard Subsidy
Program in the below amounts for each corresponding fiscal year. This amount
is the total amount budgeted by the COUNTY and will be distributed each year
among each participating coastal city in direct proportion to the actual
salary costs paid for lifeguarding services in the preceding fiscal year.
Percentage
Fiscal Year Amount Difference
FY 1994 -95 $248,248 100%
FY 1995 -96 $186,186 75%
FY 1996 -97 $124,124 50%
FY 1997 -98 $62,062 25%
5. OTHER PROVISIONS, TERMS AND CONDITIONS. All other provisions, terms
and conditions of the Original Agreement shall remain unchanged and in full
force and effect.
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Agreement No. D87 -318
WITNESS WHEREOF, each party hereto has executed this AGREEMENT by a duly
authorized representative as of this date set forth above.
DATE:
DATE:
ATTEST:
COUNTY OF ORANGE
BY:
Chairman of the Board of
Supervisors of orange County,
California
CITY OF NEWPORT BEACH
BY:
Mayor
City Clerk City Attorney
SIGNED AND CERTIFIED THAT A COPY OF APPROVED AS TO FORM:
THIS DOCUMENT HAS BEEN DELIVERED TO TERRY ANDRUS, COUNTY COUNSEL
THE CHAIRMAN OF THE EOARD ORANGE COUNTY, CALIFORNIA
BY:
Phyllis A. Henderson Deputy
Clerk of the Board of Supervisors
of Orange County, California
KWS:ms4081111252298
-3-
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
TO: ):INANCE DIRECTOR
FROM: CITY CLERK
DATE: July 9, 1992
(714) 644 -3005
SUBJECT: Contract No. C -2247
Description of Contract Amendment to Lifeguard Subsidy Agreement
Effective date of Contract June 23, 1992
Authorized by Minute Action, approved on May 26, 1992
Contract with Orange County Environmental Management Agency
Address Harbors. Beaches and Parks
P.O. Box 4048
Santa Ana, CA 92702 -4048
Amount of Contract (See Agreement)
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
1
May 26, 1992
TO:
FROM:
SUBJECT:
i
CITY OF NEWPORT BEACH
Marine Department
MAYOR AND CITY COUNCIL
Marine Director
0
COUNCIL AGENDA
NQ,, (&)
COUra
MAY 2 6 1992
C' - z 2A1%
COUNTY OF ORANGE LIFEGUARD FINANCIAL ASSISTANCE
AGREEMENT
Recommendation: If desired , adopt Resolution No.
authorizing the Mayor and City Clerk to adopt Amendment No. 1 to
Agreement No. D87 -318 Lifeguard Subsidy Program, to extend the term
of this agreement for another five year period. All other terms
and provisions of the original agreement would remain unchanged.
Discussion: Since 1945 the County of orange has provided annual
lifeguard financial assistance to.Orange County cities providing
lifeguard services on city beaches. The existing agreement with
five Orange County cities expires June 30, 1992.
The Board of Supervisors has expressed willingness to continue
subsidizing lifeguard services on city beaches to help protect
county residents at the previous level of care for an additional
five year period. They have authorized the Environmental
Management Agency to amend the existing agreement with the five
coastal cities for an additional five year term that would expire
on June 30, 1997. The terms and provisions of the existing
agreement would remain unchanged.
Newport Beach's proportional share of the subsidy for Fiscal Year
1992 -93 is estimated at $99,000 per year. Attached is a copy of
Amendment #1 to Agreement D 87 -318 Lifeguard Subsidy Program and a
copy of the original agreement.
David Harshbarger
Marine Director
Attachments
<3f)
• MICHAEL M. R
DIRECTOR, , EMA EMA
4 LINTY C) F ROBERT G. FISHER
DIRECTOR OF HARBORS, BEACHES & PARKS
2 1 LOCATION:
401 CIVIC CENTER DRIVE WEST
s 3 RANG E 10TH FLOOR
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
ENVIRONMENTAL MANAGEMENT AGENCY P -O. BOX 4048
HARBORS, BEACHES AND PARKS SANTA ANA, CA 92702 -4048
July 7, 1992
Ms. Wanda E. Raggio, City Clerk
City of Newport Beach
3300 Newport Beach Boulevard
P. 0. Box 1768
Newport Beach, CA 92658 -8915
TELEPHONE:
(714) 568 -5100
FAX # 568 -5111
N�
Subject: Amendment No. 1 to Lifeguard Subsidy Agreement No. D87 -318
Dear Ms. Raggio:
At its meeting of June 23, 1992, the Orange County Board of Supervisors
approved the subject amendment to the County's cooperative agreement with your
city for lifeguard services at city owned or operated beaches. Enclosed for
your files is a fully executed copy of such amendment.
Should you have any questions in these regards, please call Ms. Debbie Cavers
of my staff at 568 -4999.
Very truly yours,
Kenneth W. Scatterg�d, Chief
Harbors, Beaches an Parks
Program Support
KWS:wf207O7ll385871
Attachment: (Amendment to Agreement)
cc: (with attachment)
Patti Schooley, HBP Coastal Facilities Operations
Marcie Hazen, Administration /Financial Operations
Beverly Morgan, Administration /Central Files
i
BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES June 23, 1992
AMENDMENT NO. 1 TO AGREEMENTS NO. D87 -316 WITH THE CITY OF HUNTINGTON
BEACH; NO. D87 -317 WITH THE CITY OF LAGUNA REACH: NO. DR7 -3IR WTTH THE
WITH THE CITY
OGRAM: Environmental Management Agency requests approval of a
ve -year ?%tension to agreements for the lifeguard subsidy program.
MOTION: On motion by Supervisor Wieder, seconded by Supervisor Vasquez,
the Board authorized execution of Amendment No. 1 to Agreements
No. D87 -316 with the City of Huntington Beach; No. D87 -317 with the City
of Laguna Beach; No. D87 -318 with the City of Newport Beach; No. D87 -319
with the City of San Clemente; and No. D87 -320 with the City of Seal
Beach for the Lifeguard Subsidy Program. MOTION UNANIMOUSLY CARRIED.
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AMENDMENT NO. 1 TO ArRF.F.MENT NO. D87 -31.8
LIFEGUARD SUBSIDY PROGRAM
C- Zy�17
This amendment to Agreement Nc. D87 -318 is made and entered into this
r-'
—?Ord day of J�� _, 1992.
BY AND BETWEEN
AND
to as "COUNTY"
The CITY OF NEWPORT BEACH, a municipal
corporation, hereinafter referred to as
OCITY ",
The COUNTY OF ORANGE, a subdivision of the
State of California, hereinafter referred
1.ECITALS
1. On December 15, 1987, the COUNTY, as the successor to the former
Harbors, Beaches and Parks District, and the CITY entered into a five -year
agreement for the provision of lifeguard services at CITY owned or operated
public beaches; and
2. Section 1 of said agreement stipulates that the agreement shall
terminate on June 30, 1992.
3. The CITY and the COUNTY desire to extend the term of the agreement
for an additional five -year period.
THEREFORE, COUNTY and CITY hereby agree as follows:
I. Term of Agreement. The term of the original agreement is amended to
terminate on June 30, 1997.
Resolution No.
Agreement No. D87 -318
1 II. Other Provisions, Terms and Conditions of Agreement. All other
2 provisions, terms and conditions of the original Lifeguard Subsidy Program
3 Agreement shall remain unchanged and in full force and effect.
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Agreement No. D87 -318
IN WITNESS WHEREOF, COUNTY has caused this amendment to be executed by
the Chairman of the Board of Supervisors, attested by the Clerk of the Board,
and CITY has authorized this amendmen�, attested by its Clerk, the following day
and year as set forth by their respective signatures.
Date:
ATTES
Date:
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JUN 2 3 1992
CITY OF NEWPORT BEACH
! A �-
By. City Clerk
By:
ORANGE
range County, California
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
�J -k^""""� JUN 2 3 1992
"nd- a--"DT Ruth— NANCY K. SWANSON, ASSISTANT
Clerk of the Board of Supervisors
APPROVED AS TO FORM:
Terry C. Andrus, County Counsel
Orange County,..California
1 �
By:
!Deputy
APPROVED AS TO FORM:
By:��1 -
City Attorney
KWS :ms203l7l5541383 -3-
RESOLUTION NO. 92 - 55
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING AN AMENDMENT TO
LIFEGUARD SUBSIDY AGREEMENT.
WHEREAS, on December 15, 1987 the County of Orange and the
City of Newport Beach entered into a five year agreement for the
provision of lifeguard services at City owned or operated beaches
( "Lifeguard Subsidy Agreement ");
WHEREAS, the City and County have agreed to extend the term of
the Lifeguard Subsidy Agreement for five years.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach as follows:
1. The Mayor and the City Clerk are hereby authorized to
execute an amendment to the Lifeguard Subsidy Agreement that would
extend the term of the Agreement to June 30, 1997.
ADOPTED, this 26th day of May , 1992.
ATTE T:
City Clerk
1
MAYOR
Mr. Robert L. Wynn
• MICHAEL M. RUANE
DIRECTOR, EMA
ROBERT G. FISHER
C) F DIRECTOR OF HARBORS, BEACHES & PARKS
LOCATION.
401 CIVIC CENTER DRIVE WEST
G E 1 OTH FLOOR
SANTA ANA, CALIFORNIA
NVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
APR 0 2 1992
City Manager FILE
City of Newport Beach
P.O. Box 1768
Newport Beach, California 92658 -8915
SUBJECT: Amendment to Lifeguard Subsidy Agreement D87 -318
Dear Mr. Wynn:
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 568 -5100
FAX k 568 -5111
Our existing cooperative agreement for financial assistance to your city for
lifeguard services at city -owned and operated beaches expires June 30, 1992.
It is our understanding that your city would like to extend the term of this
agreement for another five -year period. To this end, we have drafted an
amendment, which would extend the term of the existing agreement until June
30, 1997. All other terms and provisions of the agreement would remain
unchanged.
Enclosed are four conformed copies of the amendment for signature. Following
your council's approval, please return all four signed copies of the amended
agreement to the attention of Mr. Kenneth W. Scattergood, our Chief of Program
Support at the above address. Mr. Scattergood will transmit the amendment to
the Board of Supervisors for execution. One fully conformed copy of the
executed agreement will subsequently be returned to the city.
Should you have any questions, please contact Mr. Scattergood at 568 -4968, or
your assigned staff may call Ms. Patti Schooley, our Coastal Facilities
Supervisor at 567 -6203.
KWS:ms2032608030803
Enclosures: Draft Amendment (4)
cc: Michael M. Ruane, Director, EMA
HBP Managers
Very truly yours
obertsh Director U
Harbors, Beaches and Parks
L ZZED
APR 6 1992►
Gry Manager
C;y c, NCW,:ort Beach : ^�
June 4, 1992
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92659 -1768
(714) 6443005
Mr. Kenneth W. Scattergood, Chief of Program Support
Harbors, Beaches and Parks
Environmental Management Agency
P.O. Box 4048
Santa Ana, CA 92702 -4048
Subject: Amendment to Lifeguard Subsidy Agreement D87 -318
Dear Mr. Scattergood:
At May 26, 1992, City Council of Newport Beach approved City /County
Lifeguard Subsidy Agreement. Enclosed please find the four
original signed agreements.
Following execution by the Board of Supervisors, please return one
copy to this office for our files.
Sincerely,
Wan a E. Raggio
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
i` "'
Agenda Item F.2 (a)
CITY OF NEWPORT BEACH BY THE CITY COUNCIL
Marine Department CITY OF NEWPORT BEACH
August 10, 1987 AUG
TO: MAYOR AND CITY COUNCIL ��Gy �G/�J 2-
FROM: Marine Director
SUBJECT: COUNTY OF ORANGE LIFEGUARD FINANCIAL ASSISTANCE PROGRAM
Recommendation:
If desired, adopt Resolution No.
City Clerk to execute a five year
Harbor, Beaches and Parks District
financial assistance for lifeguard
by County residents.
Discussion:
authorizing the Mayor and
agreement with the Orange County
which will provide County
services on City beaches used
Since 1945 the County of Orange has provided annual lifeguard financial
assistance to Orange County cities providing a lifeguard service on
City beaches. The previous Joint Powers Agreement for lifeguard
subsidy expired June 30, 1987. That agreement was executed effective
fiscal year 1982 -83 and defined the responsibilities of the Orange
County cities and the county in conjunction with the provisions of
the Lifeguard Services at city owned and operated public beaches.
The Board of Supervisors has expressed willingness to continue
subsidizing lifeguard services at the previous level, for an additional
five year period and has authorized EMA to negotiate a renewed agree-
ment with the five coastal cities, effective beginning FY 1987 -88.
It is the intent to continue the past board policy position of settinq
annual subsidy funding level at $248,248 for the five cities during
FY 1987 -88. Each city will receive a proportional share of the annual
funding for lifeguard subsidy, based on each participating coastal
city's relative actual direct salary costs paid to lifeguards for
lifeguarding services performed on city beaches in the preceding fiscal
year.
Attached is a renewed Lifeguard Subsidy Program Agreement for the
period July 1, 1987 through June 30, 1992. The terms of the agreement
remain the same as those stipulated in the previous five year agreement.
Newport Beach's percent of total lifeguard
and 1986 -87 was 35 ° ° %. The County subsidy to
is approximately $103,500 and should remain
during the term of he new agreement.
David Harshbarger
Marine Director
Attachment
budget for fiscal year 1985 -86
the City of Newport Beach
remain relatively the same
2 k)
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RESOLUTION NO. 87 -132
0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR do CITY
CLERK TO EXECUTE A 5 -YEAR AGREEMENT WITH THE
ORANGE COUNTY HARBOR BEACHES do PARKS DISTRICT
WHICH WILL PROVIDE FINANCIAL ASSISTANCE FOR
LIFEGUARD SERVICES
WHEREAS, Since 1945, the Orange County Board of Supervisors
has provided annual lifeguard financial assistance to coastal
cities in Orange County; and
WHEREAS, commencing in 1982 -83, determination of the amount
of subsidy funds each respective City would be eligible for was
determined by a measurable basis established by and between the
County and each coastal city; and
WHEREAS, City of Newport
occasions in order to determine
divide this year's County funds
coastal city; and
Beach staff have met on several
an equitable formula that would
of $248,248 among each eligible
WHEREAS, a five -year agreement between the City and County
was reached which provides that each City's distributive share be
based on the actual and direct salary costs paid in each
preceding year for City Lifeguards and Field Supervisors in
rendering lifeguard services for City's beaches.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Newport Beach is desirous of entering into said Agreement
with the County of Orange and hereby authorizes the Mayor and
City Clerk to execute thed agreement referred to herein, a copy
of which is attached as Exhibit "A" and incorporated by
reference.
ADOPTED this 10th day of Aug
ATTEST:
City Clerk
4 S— BOUNTY OP
s �RANGE J(lL20
ENVIRONMENTAL MANAGEMENT AGENCY
•
FILE
Mr. Robert L. Wynn, City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Renewal of Lifeguard Subsidy Program Agreement
Dear Mr. Wynn:
ERNIE SCHNEIDER
DIRECTOR, EMA
12 CIVIC CENTER PLAZA
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834 -2308
Previous joint powers agreement for lifeguard subsidy expired June 30, 1987.
This agreement was executed effective Fiscal Year 1982 -83 to establish and
define responsibilities of city and county in conjunction with the provision of
lifeguard services at city owned or operated public beaches.
The Board of Supervisors has expressed its willingness to continue subsidizing
lifeguard services at the previous level for an additional five -year period, and
authorized EMA to negotiate a new agreement with the five coastal cities,
effective beginning FY 1987 -88. It is our intention to continue the past Board
policy position by setting annual subsidy funding level at $248,248 for the five
cities during FY 1987 -88, subject to evaluation in subsequent years of any city
requests for inflationary adjustments. Each city shall receive a proportional
share of the annual funding for lifeguard subsidy based on each participating
coastal city's relative actual direct salary costs paid to lifeguards for
lifeguarding services performed by participating coastal cities on their public
beaches in the preceding fiscal year.
Enclosed then for your consideration is a new Lifeguard Subsidy Program
Agreement for the period July 1, 1987 through June 30, 1992. The terms of the
Agreement remain the same as those stipulated in the previous Agreement. If you
agree with the terms of the new Agreement, please submit it to your City Council
for approval. If approved, please return original Agreement with four
originally signed signature pages to:
Mr. Kenneth W. Scattergood
EMA Parks and Recreation
Program Planning Division
P.O. Box 4048
Santa Ana, CA 92702 -4048
L� JUG 21 1987 ;l )
Of Newanag"
,�w
Mr. Robert L. Wynn, City Manager
Page 2
Following the receipt of the signed Agreement from all five coastal cities, the
same will be transmitted to the Board of Supervisors Zor its execution. If you
have any questions, or wish to discuss the proposed Agreement, please contact
Mr. Scattergood at 834 -2174.
Very truly yours, �J
Ernie Schneider, Director
KS :jcPRL01 -13
7195
Enclosure: (Agreement)
il
• 0
CITY OF NEWPORT BEACH
August 20, 1987
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
Mr. Kenneth W. Scattergood
EMA Parks and Recreation
Program Planning Division
.P.O. Box 4048
Santa Ana, CA 92702 -4048
Dear Mr. Scattergood:
(714) 644 -3005
As requested by Mr. Ernie Schneider, enclosed is the original Agreement
with four originally signed signature pages for LIFEGUARD SUBSIDY PROGRAM
AGREEMENT, which was approved at the City Council meeting of August 10,
1987 and was fully executed.
Following execution by the Board of Supervisors, please return the original
Agreement (or a copy thereof) to this office for our files.
Sincerely,
/, /)" /"—) cc ' ':: ' / (: ��y zz0
Wanda E. Raggio �U
City Clerk
WER:pm
Enclosure(s)
3300 Newport Boulevard, Newport Beach
is
4 C
2 3
1 <2
l
V
5
Ll
UNTY OF
JAN 11 1988
Gi E
ENVIRONMENTAL MANAGEMENT AGENCY
HARBORS, BEACHES AND PARKS
Ms. Wanda E. Raggio
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
•
ERNIE SCHNEIDER
DIRECTOR, EMA
ROBERT F. WINGARD
DIRECTOR
OF HARBORS, BEACHES & PARKS
LOCATION:
12 CIVIC CENTER PLAZA
P.O. BOX 4048
SANTA ANA, CA 927024048
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
FILE
(714) 894-8894
'JAN 13 1W
J
clry of
` npon 8"Ch.
r.yf
� 7
SUBJECT: Lifeguard Subsidy Program Agreement No. D87 -318 with City of Newport
Beach
Dear Ms. Raggio:
A am pleased to advise you that the Board of Supervisors approved the subject
Agreement at its meeting of December 15, 1987. Enclosed for your files are
copies of the Board's approving Minute Order and originally executed Agreement.
If you have any questions in this regard, please feel free to call me at
834 -2173.
Very truly yours,
Kenn. S attergoo@, Chief
Special Districts and Lease Administration
KS:fcHBL01 -2
8011
Enclosures: Minute Order
Agreement No. D87 -318
MINUTES OF THE BOARD OF SUPERVISORS
OF ORANGE COUNTY, CALIFORNIA
DECEMBER 15, 1987
LIFEGUARD SUBSIDY PROGRAM AGREEMENTS WITH FIVE COASTAL CITIES (HARBORS,
BEACHES AND PARKS DISTRICT): Environmental Management gency requests
app oval of Lifeguard Subsidy Program Agreements.
MOTION: On motion by Supervisor Riley, seconded by Supervisor Roth, the Board
authorized execution of lifeguard subsidy program agreement No. D87 -316 with
the City of Huntington Beach, No. D87 -317 with the City of Laguna Beach,
No. D87 -318 with the City of Newport Beach, No. D87 -319 with the City of
San Clemente and No. D87 -320 with the City of Seal Beach. for the period
July 1, 1987 to June 30, 1992. Supervisor Wieder was absent. MOTION CARRIED.
®F1013 -2.3 (12/76)
Agreement No. D87 -318
1 LIFEGUARD SUBSIDY PROGRAM AGREEMENT
2 This Agreement is made and entered into this /S 11 day of
3 198 _2, by and between the City of Newport Beach, a municipal corporation,
4 hereinafter referred to as "CITY" and the Orange County Harbors, Beaches and Parks
5 District, hereinafter referred to as "DISTRICT."
6 WHEREAS, the CITY is situated on the coastline of the County of Orange,
7 where many and various persons residing throughout the County of Orange come for
8 relaxation and enjoyment of CITY's beaches, and thereby adding to the burden of CITY
9 providing lifeguard service on said beaches; and
10 WHEREAS, CITY's beaches are a recreation resource of CITY, county and
11 statewide significance; and
12 WHEREAS, DISTRICT is authorized to provide for recreational facilities and
13 programs of countywide benefit; and
14 WHEREAS, Section 10900 et seq. of the Education Code of the State of
15 California authorizes cities, counties and special districts to enter into agreement
16 to provide recreation services benefiting residents of the state; and
17 WHEREAS, lifeguard subsidy to cities is an appropriate cooperative
18 community recreation program under provisions of Section 10900 et seq. of the
19 Education Code of the State of California; and
20 WHEREAS, DISTRICT's governing board has determined the Lifeguard Subsidy
21 Program to coastal cities is of general benefit to DISTRICT residents;
22 NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
23 1) CITY agrees to provide lifeguard services at CITY owned or operated
24 public beaches during July, August, September and June for the five fiscal year
25 period commencing with July 1, 1987, and ending with June 30, 1992. CITY further
26 agrees to provide lifeguard services at all other times during this period of said
27 agreement as the need may exist; it being expressly understood the CITY shall
28 respond to the extent of its capability, with qualified personnel to emergency calls
-1-
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0
Agreement No. D87 -318
therein at any time during said fiscal years.
2) CITY agrees to employ only properly trained and qualified lifeguards
and supervisory personnel in the discharge of its obligations under this agreement.
For the purpose of this agreement, training and qualifications of lifeguard
personnel shall comply with United States Surf Lifesaving Association standards.
3) CITY agrees to provide adequate supervisory personnel at all times, it
being the intent of the parties that lifeguard service of high quality and standard
shall be available at all times.
4) CITY shall maintain payroll records of all lifeguard employees and
their direct field supervisors by name and /or employee number and classification to
verify actual direct salary costs. CITY shall make these records available upon
request of the Director, EMA, County of Orange, or his designee, hereinafter
referred to as "Director, EMA," and said records are subject to audit by the Orange
County Auditor- Controller. Payroll records shall be kept on file by CITY for three
fiscal years.
5) DISTRICT, in consideration of the performance by CITY under terms of
this agreement, shall allocate to CITY a proportional share of DISTRICT's annual
funding for lifeguard subsidy program, based on each participating coastal city's
relative actual direct salary costs paid to lifeguards for lifeguarding services
performed by participating coastal cities on their public beaches in the preceding
fiscal year. Qualifying direct salary costs are more specifically defined as:
a. Direct salaries or wages, including overtime, paid for
lifeguarding services to full time and part -time lifeguard personnel; excludes
consideration of employee benefits, CITY overhead, etc.
b. Direct salaries or wages as above paid to supervisory lifeguarding
personnel, only to extent supervisors are required to provide direct lifeguard
protection on CITY beaches, supplementary to regularly assigned lifeguard personnel.
c. Salaries or wages paid to lifeguards for lifeguard protection
-2-
1
2
3
41
5
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9
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Agreement No. D87 -318
provided on private beaches or upon public beaches under the authority of another
public agency may not be claimed for subsidy assistance under this agreement.
6) CITY shall submit payroll data for qualifying salaries as provided in
Clause 5 to the Director, EMA, within thirty days of execution of this agreement for
agreement year 1987 -88, and by August 15 for succeeding agreement years.
7) The Director, EMA, shall review qualifying salary data of CITY and
other participating coastal cities and shall determine CITY's proportional lifeguard
subsidy allocation accordingly. Prior to such determination, DISTRICT may convene a
meeting of representatives of participating coastal cities to jointly review salary
data submitted by cities for consistency and reasonableness.
8) DISTRICT shall notify CITY in a timely manner of percentage proportion
and related allocated amount determined by Director, EMA, to be due to CITY and
other participating coastal cities, such determination to be considered final.
9) CITY shall submit invoice for allocated amount due to CITY to
Director, EMA, Financial Operations, P.O. Box 4048, Santa Ana, CA 92702 -4048.
DISTRICT shall make payment to CITY within thirty days of receipt of invoice.
10) CITY may submit written request and justification to Director, EMA,
for annual adjustment in lifeguard subsidy program amount by March 1; Director, EMA,
will evaluate CITY justification and may submit a budget request for program funding
increase, provided that such increase may not exceed five percent for any agreement
2111 year.
22
23
24
25
26
27
28
11) Director, EMA, shall notify CITY of lifeguard subsidy program amount
requested for following fiscal year budget by June 1, and shall notify CITY of
annual program budget adopted by Board of Supervisors by September 1, provided that
program amount for agreement year 1987 -88 is $248,248.
12) DISTRICT reserves right to change proportional allocation basis among
coastal cities by Resolution of DISTRICT's governing board, provided that at least
thirty days advance notice of any proposed change will be provided to CITY.
-3-
•
Agreement No. D87 -318
13) CITY shall indemnify and hold harmless the County of Orange and Orange
County Harbors, Beaches and Parks District from all claims for damages arising from
the negligent acts or omissions of CITY, its officers, agents or employees in CITY's
conducting of lifeguarding services under this agreement.
-4-
• 0
Agreement No. D87 -318
IN WITNESS WHEREOF, DISTRICT has caused this agreement to be executed by
the Chairman of the Board of Supervisors, acting as the governing board of DISTRICT,
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.
ATTEST: CIT'.
Date: I987 By:
Date: By:
ORANGE COUNTY HARBORS, BEACHES .AND
,. .
PARKS D"TRICT
Date: , %a -15- '; � By:
SIGNED AND CERTIFIED THAT A COPY OF
THIS DOCUMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Linda D. Roberts
Clerk of the Board of Supervisors
of Orange County, California
Approved as to form:
Adrian Kuyper, County Counsel
Orange County, California
l
By :i
1� Deputy
as to form:
By:
City Attorney
KS:rmPRO11 -27 -5-
7195
cna man or the Board of Supervisors
f Orange County acting as the
Governing Board of the Orange COUrfty
Harbors, Beaches and Parks District
y
February 13, 1984
TO:
FROM:
SUBJECT:
Recommendation:
CITY OF NEWPORT BEACH
Marine Department
MAYOR AND CITY COUNCIL
Marine Department
C - D6ay7
C3g�
AGENDA ITEM NO. F 2 (a)
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
FEB 13 1984
If desired, adopt Resolution No.S4 -0 authorizing the Mayor and City
Clerk to execute a five year agreement with the Orange County Harbor Beaches
and Parks District which will provide financial assistance for lifeguard
services.
Discussiont.
Since 1945 the Orange County Board of Supervisors has provided annual
lfieguard financial assistance to Orange County cities providing a life-
guard service. Beginning with FY 1982 -83 the County's allocations to
each City was conditioned on the County and coastal cities determining
a mutually satisfactory measureable basis for determining the amount of
city subsidy.
The City and County staff have met on several occasions during the last
year and a haTf.to find^an equitable formula to divide up the $248,248
(budgeted by the County) between the cities of Seal Beach, Huntington
Beach, Newport Beach, Laguna Beach and San Clemente. The attached five
year agreement provides that each city's proportionate share shall be
based on the relative actual direct salary cost paid in the preceding
fiscal year to Catty Lifeguards and the Field Supervisors for lifeguarding
on city beaches.
Newport Beach's proportionate share for fiscal ,years 1982 -83 and 1983 -84
are based on actual expenditures for FY 1982 -83. The City's share is
as follows:
1. City's percentage of total lifeguard costs for the 5 cities was
40.23%.
2. 40.23% of the County budgeted funds of $248,248 represents
a monetary allocation of $99,870.17 for FY 1982 -83 and
FY 1983 -84.
The amount of allocation for FYs 84 -85, 85 -86, and 86 -87 per the terms
of the agreement could increase slightly if the county budgets an 8%
increase in the Lifeguard Subside Program.
The agreement further provides that in order for the City to receive the
financial lifeguard subsidy payment, the City must provide lifeguard services
at City owned and operated beaches during June, July, August and September for
the 5 fiscal years between July 1982 and June 30, 1987.
The last county payment to Orange County cities was for the 1981 -82 FY, at
which time Newport Beach received $98,037. The new agreement and respective
formula increases this city's share by $1,833.
David Harshbarger
Marine Director
DH:db
RESOLUTION NO. 8 4 - 1 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR & CITY
CLERK TO EXECUTE A 5 -YEAR AGREEMENT WITH THE
ORANGE COUNTY HARBOR BEACHES & PARKS DISTRICT
WHICH WILL PROVIDE FINANCIAL ASSISTANCE FOR
LIFEGUARD SERVICES
WHEREAS, Since 1945, the Orange County Board of supervisors
has provided annual lifeguard financial assistance to coastal
cities in Orange County; and
WHEREAS, commencing in 1982 - 83, determination of the
amount of subsidy funds each respective City would be eligible
for was determined by a measurable basis established by and
between the County and each coastal city; and
WHEREAS, City of Newport Beach staff have met on several
occasions in order to determine an equitable formula that would
divide this year's County funds of $248,248 among each eligible
coastal city; and
WHEREAS, a five -year agreement between the City and County
was reached which provides that each City's distributive share be
based on the actual and direct salary costs paid in each
preceding year for City Lifeguards and Field Supervisors in
rendering lifeguard services for City's beaches.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Newport Beach is desirous of entering into said Agreement
with the County of Orange and hereby authorizes the Mayor and
City Clerk to execute thed agreement referred to herein, a copy
of which is attached as Exhibit "A" and incorporated by
reference.
ADOPTED this day of FEB 13 F 1984.
�UR►J k 'p k+
Mayor
ATTEST:
G) (V-nA a-) 'AK&n Prt_�)
City Clerk
AGREEMENT
1 This Agreement is made and entered into this day of ,
2 198, by and between the City of a municipal corporation, hereinafter
3 referred to as "CITY" and the Orange Canty Harbors, Beaches and Parks District,
4�Ihereinafter referred to as "DISTRICT."
5�1 N11EREkS, the CITY is situated on the coastline of the County of Orange,
I
61 where many and various persons residing throughout the County of Orange come for
I
7; relaxation and enjoyment of CITY's beaches, and thereby adding to the burden of CI--'-'
8Providing lifeguard service on said beaches; and
91I WEREAS, CITY's beaches are a recreation resource of CITY, county and
1011statewide significance; and
11;� hhTREAS, DISTRICT is authorized to provide for recreational facilities a_d
I
12 programs of count)vide benefit; and
13 Section 10900 et seq. of the Education Code of the State of
14 ilCalifornia authorizes cities, counties and special districts to enter into agreeme -'s
15 !110 provide recreation services benefiting residents of the state; and
16 i1 11HEREAS, lifeguard subsidy to cities is an appropriate cooperative
I.
171lcoimuiity recreation program under provisions of Section 10900 et. seq. of the
18; Education Code of the State of California; and
19 I IsHERE4S, DISTRICT's governing board has determined the Lifeguard Subs'dy
i
20 Program to coastal cities is of general benefit to DISTRICT residents;
21 1 NOW, THEREFORE, it is agreed by and between the parties hereto as follow=:
221 1) CITY agrees to provide lifeguard services at CITY owned or operated
23ipublic beaches during July, August, September and June for the five fiscal year
24 period commencing with July 1, 1982 and ending with June 30, 198'. CITY further
25� agrees to provide lifeguard services at all other times during this period of said
26I agreement as the need may exist; it being expressly understood the CITY shall resprnd,
27 to the extent of its capability, with qualified personnel to emergency calls therein
28 at any time during said fiscal years.
-l- EXHIBIT A
1 2) CITY agrees to employ only properly trained and qualified lifeguards
2 and supervisory personnel in the discharge of its obligations under this agreement.
3 For the purpose of this agreement, training and qualifications of lifeguard
4 personnel shall comply with United States Surf Lifesaving Association standards.
5 3) CITY agrees to provide adequate supervisory personnel at all times,
6�iit being the intent of the parties that lifeguard service of high quality and
71 I
standard shall be available at all times.
8 4) CITY shall maintain payroll records of all lifeguard employees and
9, their direct field supervisors by name and /or employee number and classification tc
10i verify actual direct salary costs. CITY shall make these records available upon
11 request of the Director, DIA, County of Orange, or his designee, hereinafter referred
12 to as "Director, Dd4," and said records are subject to audit by the Orange County
13 (Auditor- Controller. Payroll records shall be kept on file by CITY for three fiscal
1411 years.
1511 5) DISTRICT', in consideration of the performance by CITY under terms of
16 this agreement, shall allocate to CITY a proportional share of DISTRICf's annual
17I funding for lifeguard subsidy program, based on each participating coastal city's
18I relative actual direct salary costs paid to lifeguards for lifeguarding services
19 iperformed by participating coastal cities on their public beaches in preceding fiscal
201 year, except that allocation for agreement years 1982 -83 and 1983 -84 shall be bases
21 on actual direct salary costs for fiscal year 1982 -83. Qualifying direct salary tests
221 are more specifically defined as:
23I a. Direct salaries or wages, including overtime, paid for lifeguarding
241 services to full -time and part -time lifeguard personnel; excludes consideration of
I
2511 employee benefits, CITY overhead, etc.
261(1 b. Direct salaries or wages as above paid to supervisory lifeguarding
27I personnel, only to extent supervisors are required to provide direct lifeguard
28 protection on CITY beaches, supplementary to regularly assigned lifeguard personnel.
-2-
If,
c. Salaries or wages paid to lifeguards for lifeguard protection
I'
21, provided on private beaches or upon public beaches under the authority of another
I
3i public agency.may not be claimed for subsidy assistance under this agreement.
I�
4 6) CITY shall submit payroll data for qualifying salaries as provide:
5i in Clause 5 to the Director, DLA, within thirty days of execution of this agreer.Fnt
6'for agreement years 1982 -83 and 1983 -84, and by August 15 for succeeding agreement
7 '! vears.
8; ) The Director, DLA, shall review qualifying salary data of CITY an-'
9 'other participating coastal cities and shall determine CITY's proportional lifet.= J
.10 subsidy allocation accordingly. Prior to such determination, DISTRICT may convene
11 ;a meeting of representatives of participating coastal cities to jointly review
12 a salary data submitted by cities for consistency and reasonableness.
13 8) DISTRICT shall notify CITY in a timely manner of percentage proportion
14 and related allocated anount determined by Director, E�IA, to be due to CITY and
15" other participating coastal cities, such determination to be considered final.
161 9) CITY shall submit invoice for allocated amount due to CITY to Direztcr,
17'' 9LA, Financial Operations, P. 0. Box 4048, Santa Ana, CA 92702 -4048. DISTRICT shall
18 'make payment to CITY within thirty days of receipt of invoice.
19i 10) CITY may submit written request and justification to Director, Dia, for
20 iannual adjustment in lifeguard subsidy program amount by March 1; Director, ENLa, will
21 !l evaluate CITY justification and may submit a budget request for program funding
i
22i� increase , provided that such increase may not exceed eight percent for ary, agree-ment
23 year.
24 ;I
25 ; 11) Director, DIA, shall notify CITY of lifeguard subsidy program amount
261 I
requested for following fiscal year budget by June 1, and shall notify CITY of
27 1 annual program budget adopted by Board of Supervisors by September 1, provided that
I
28.: ;program amount for agreement years 1982-83 and 1983 -84 respectively is S2 48,246.
i
ii
!
II
1 j 12) DISTRICT' reserves right to change proportional allocation basis among
!I
2!. coastal cities by Resolution of DISTRICr's governing board, provided that at least
3. thirty days advance notice of any proposed change will be provided to CM.
41. 13) CITY shall indemnify and hold harmless the County of Orange and Orange
i
5; County Harbors, Beaches and Parks District from all claims for damages arising from
6'':the negligent acts or omissions of CITY, its officers, agents or employees in CITY's
7';conducting of lifeguarding services under this agreement.
8
9
IV/
12
13
14
15
16
17
18
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20
21
221
23
24!,
25
26.
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• 0
IN WITNESS WNEREOF, DISTRICT has caused this agreement to be executed by
ithe Chairman of the Board of Supervisors, acting as the governing board of DIST-RIC.,
and attested by its Clerk, and CITY has caused this agreement to be executed by its
!Mayor, and attested by its Clerk, all therunto duly authorized on the dates set
!forth opposite their respective signatures.
ATTEST:
Date:
8 I
l
9
Date:
is
10
i!
11
12
13" Date:
14 !
15.1
16',i SIG \TD X\i) CERTIFIED THAT A COPY OF
i THIS DOCU!dE \l' ws BEEN DELIVERED TO
li l THE C-LAIRNM OF THE BOARD.
18
q
19 June Alexander
" Clerk of the Board of Supervisors of
20;i Orange County, California
21;
I�
22 j
Approved as to form:
Kuyper, County Counsel
lAdrian
i
Orange
Punty, Ca ifornia
li
25 i
Bv:
DCpUt )r\ —1
I;
26 it
li
Approved as to form:
271;
it
2811
'i
By:
City Attorney
CITY OF
By:
Mayor
By:
Cit)TTlerR
ORANGE COUNTY HARBORS, BEACHES � %D
PARKS DISTRICT
UN
11
-5-
Chairman of the Board of tuperviscrs
of Orange County acting as the
Governing Board of the Orange Coun:.:
Harbors, Beaches and Parks I'istrict.
7
M
a
10;
11
i
12
13
14
15
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17
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20
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211
22
23
24
Agreement No. D -83 -138
0
AGREHAINT
This Agreement is made and entered into this Z 1 y of
198, by and between the City ofl��, a municipal corporation, hereinafter
referred to as "CITY" and the Orange County Harbors, Beaches and Parks District,
hereinafter referred to as "DISTRICT."
h1EREaS, the CITY is situated on the coastline of the County of Orange,
where many and various persons residing throughout the County of Orange come for
relaxation and enjo}-ment of CITY's beaches, and thereby adding to the burden of CIS"
providing lifeguard service on said beaches; and
WIEREaS, CITY's beaches are a recreation resource of CITY, county and
statewide significance; and
IgiEREaS, DISTRICT is authorized to nrovide for recreational facilities a-.]
programs of county�,ide benefit; and
I%'HEREAS, Section 10900 et seq. of the Education Code of the State of
California authorizes cities, counties and special districts to enter into agreeme-ts
to provide recreation services benefiting residents of the state; and
WHEREAS, lifeguard subsidy to cities is an appropriate cooperative
:o°amuiity recreation program under provisions of Section 10900 et. seq. of the
Education Code of the State of California; and
INHEREaS, DISTRICT's governing board has determined the Lifeguard Subs dy
Program to coastal cities is of general benefit to DISTRICT residents;
NOW, THEREFORE, it is agreed by and between the parties hereto as follow =:
1) CITY agrees to provide lifeguard services at CITY owned or operated
public beaches during July, August, September and June for the five fiscal year
period commencing with July 1, 1982 and ending with June 30, 198'. CITY further
25; agrees to provide lifeguard services at all other times during this period of said
26 agreement as the need may exist; it being expressly understood the CITY shall respond
27 to the extent of its capability, with qualified personnel to emergency calls therein
28 at any time during said fiscal years.
�� -1-
,
1 2) CITY agrees to employ only properly trained and qualified lifeguards
2 and supervisory personnel in the discharge of its obligations under this agreement.
3 For the purpose of this agreement, training and qualifications of lifeguard
4 personnel shall comply with United States Surf Lifesaving Association standards.
51 CITY agrees to provide adequate supervisory personnel at all times,
6.1 it being the intent of the parties that lifeguard service of high quality and
i
7 standard shall be available at all times.
i
8i 4) CITY shall maintain payroll records of all lifeguard employees and
91 their direct field supervisors by name and /or employee number and classification tc
10i verify actual direct salary costs. CITY shall make these records available upon
I
11 request of the Director, ENIA, County of Orange, or his designee, hereinafter referred
12 to as "Director, aV,," and said records are subject to audit by the Orange County
13• Auditor- Controller. Payroll records shall be kept on file by CITY for three fiscal
14 !! years.
15 I 5) DISTRICT, in consideration of the performance by CITY under terms of
161 this agreement, shall allocate to CITY a proportional share of DISTRICT's annual
I
17 funding for lifeguard subsidy program, based on each participating coastal city's
I
18 (relative actual direct salary costs paid to lifeguards for lifeguarding services
19 (performed by participating coastal cities on their public beaches in preceding fiscal
20� year, except that allocation for agreement years 1982 -83 and 1983 -84 shall be base-4
21 on actual direct salary costs for fiscal year 1982 -83. Qualifying direct salary costs
I
2211 are more specifically defined as:
I
231 a. Direct salaries or wages, including overtime, paid for lifeguarding
24 services to full -time and part -time lifeguard personnel; excludes consideration of
25i employee benefits, CITY overhead, etc.
I
26 Direct salaries or wages as above paid to supervisory lifeguarding
271 personnel, only to extent supervisors are required to provide direct lifeguard
28; protection on CITY beaches, supplementary to regularly assigned lifeguard personnel.
-2-
'I
1, c. Salaries or wages paid to lifeguards for lifeguard protection
2 1 provided on private beaches or upon public beaches under the authority of another
'i
3 public agency may not be claimed for subsidy assistance under this agreement.
4 0) CITY shall submit payroll data for qualifying salaries as provided
5 in Clause 5 to the Director, DIA, within thirty days of execution of this agreement
6i'for agreement years 1982 -83 and 1983 -84, and by August 15 for succeeding agreement
7 " years.
3 7) The Director, DLA, shall review qualifying salary data of CITY and
9 'other participating coastal cities and shall determine CITY's proportional lifeg: arc
10 subsidy allocation accordingly. Prior to such determination, DISTRICT ma' convene
ll la meeting of representatives of participating coastal cities to jointly review
12 salary data submitted by cities for consistency and reasonableness.
13 8) DISTRICT shall notify CITY in a timely manner of percentage proportion
14 and related allocated amount determined by Director, EMA, to be due to CITY and
15 :'other participating coastal cities, such determination to be considered final.
16 j 9) CITY shall submit invoice for allocated amount due to CITY to Director,
�i
17 ; L%14, Financial Operations, P. 0. Box 4048, Santa Ana, CA 921-03 -4048. DISTRICT shall
i�
19 make payment to CITY within thirty days of receipt of invoice.
19_, 10) CITY may submit written request and justification to Director, E+la, for
I
20 annual adjustment in lifeguard subsidy program amount by March 1; Director, E�14, will
21! evaluate CITY justification and may submit a budget request for program funding
22;i increase, provided that such increase may not exceed eight percent for any agreement
23 year.
'I
24
25;1 11) Director, E\L-%, shall notify CITY of lifeguard subsidy program amount
I
26 requested for following fiscal year budget by June 1, and shall notify CITY of
i
27 ;1' annual program budget adopted by Board of Supervisors by September 1, provided that
28 ' 1 program amount for agreement years 1982-83 and 1983 -84 respectively is $248,248.
II
i
l 12) DISTRICT reserves right to change proportional allocation basis among
2icoastal cities by Resolution of DISTRICT's governing board, provided that at least
3 : thirty days advance notice of any proposed change will be provided to CITY.
4ii 13) CITY shall indemnify and hold harmless the County of Orange and Orang°
i
5; County Harbors, Beaches and Parks District from all claims for damages arising froi-.
6: the negligent acts or omissions of CITY, its officers, agents or employees in CITY's
7�!; conducting of lifeguarding services under this agreement.
8
9
r
10
12
13
14
15
i
16
17
18
19
20
21
22
23
24
25::
26 j,
ii
27':
28
�I -a-
I
I\ WITNESS INIEREOF, DISTRICT has caused this agreement to be executed by
2jithe Chairman of the Board of Supervisors, acting as the governing board of DISTRICT,
3iiand attested by its Clerk, and CITY has caused this agreement to be executed by itE
4 Mayor, and attested by its Clerk, all therunto duly authorized on the dates set
11
5 jforth opposite their respective
6 ; ATTEST:
i,
signatures.
7 i Date:_T�yiyy
8
i
9 �� Date:
10 � i � --
i!
11 !
12
131, Date:
14
15:1
16;1 SIGNED .kvJ CERT 'IF IED THAT A COPY OF
THIS DOCLJIE\T liAS BEEN 'DELIVERED TO
17 l
THE CF11IRN1A -N OF THE BO.ARD.
18
19
Doris L. Hilbert
Clerk of the Board of Supervisors of
20i; Orange County, California
it
21 I'
22 .Approved as to form:
23 I! Adrian Kuyper, County Counsel
Chance Punty, California
By:
25;1 Deputy'\ — L ,
26
s 27. BY:
CITY OF
By:
jf
B:
y City Clerk
ORANGE COUNTY HARBORS, BEACHES sND
PARKS DISTRICT
s
-5-
Chairman of the Board of Superviscrs
of Orange County acting as the
Governing Board of the Orange Count:
Harbors, Beaches and Parks Fistrict.
aEW PO
CITY OF NEWPORT BEACH
n
OFFICE OF THE CITY CLERK 640 -2251
Mayor
Evelyn R. Hart
Mayor Pro Tern
Philip R. Maurer
Council Members
Bill Agee
John C. Cox Jr.
Jackie Heather
Ruthelyn Plummer
Donald A. Strauss
February 22, 1984
Recreation Facilities
10852 Douglass Road
Anaheim, CA 92806
Attn: Patti Schooley
Dear Ms. Schooley:
Enclosed are three executed copies of the 5 -Year Agreement between
the Orange County Harbor, Beaches and Parks District and the City
of Newport Beach which will provide financial assistance for life-
guard services within Newport Beach.
When all copies are executed, please return one to our office.
If you have any questions, please call me.
Sincerely,
i
Wanda E. Andersen
CITY CLERK
WEA:lr
Enclosures (3)
cc: Marine Dept.
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
CITY OF NEWPORT BEACH
AGENDA ITEM:F -2c
Marine Department
September 13, 1982
SEP 13 1q� !
TO: MAYOR AND CITY COUNCIL
FROM: Marine Department �,TY QP tzWPCRT BEACH
SUBJECT: COUNTY OF ORANGE ANNUAL LIFEGUARD FINANCIAL ASSISTANCE PROGRAM
Recommendation:
If desired, adopt Resolution No.k-lZ"uthorizing the Mayor and City Clerk to
request financial assistance from the County of Orange in the amount of $98,037
for fiscal year 1981 -82 and $98,037 for fiscal year 1982 -83.
Discussion:
The Orange County Board of Supervisors, during budget hearings of 1982 -83,
approved financial assistance for Orange County cities maintaining a lifeguard
service. The approval was for fiscal years 1981 -82 and 1982 -83. Beginning
with fiscal year 1982 -83 the County's financial assistance allocations to each
coastal city will be conditioned on county and coastal cities determining
a "mutually satisfactory measurable basis for determining the amount of city
need for subsidy ".
Government Code 25551 requires the City Council to request financial assistancy
by resolution adopted by four - fifths vote of the elected members. The resolution
should identify beach areas impacted by non -city resident use and the amount of
assistance requested.
The County staff has notified the City that upon receipt of a certified copy of the
resolution, the Board of Supervisors may, by four - fifths vote of its members,
extend aid to the City for the purpose of providing the subject lifeguard service.
assistance. If the Board of Supervisors approve the City's request, the County
staff will prepare an agreement for future review and processing by the City
Council prior to final execution by the County Board of Supervisors.
The County staff has indicated that the amount of $98,037 is available to
the City of Newport Beach for 1981 -82. This amount has remained constant since
fiscal year 1977 -78. The amount of funds for 1982 -83 will be determined in
the near future. City staff will work with the County staff to justify the
figure of $98,037 for fiscal year 1982 -83.
DAVID HARSHBARGER,
Director Marine Department
DH:db
Attachment
• RESOLUTION NO. 82 1 2 6
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH REQUESTING FINANCIAL
ASSISTANCE FROM THE COUNTY OF ORANGE FOR
FISCAL YEARS 1981 -1982 AND 1982 -1983 TO
HELP OFFSET CITY COSTS OF LIFEGUARD
SERVICES FOR COUNTY RESIDENTS USING THE
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: 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 for 1981 -1982 and $98,037.00 for 1982 -1983 is hereby
authorized to the County of Orange as authorized in accordance
with section 25551 of the Government Code of the State of
P
0 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92663 -3884
September 15, 1982
County of Orange
Environmental Management Agency
P.O. Box 4948
Santa Ana, CA 92702 -4048
Attn: K.F. Brittain, Manager
Recreation Facilities
OFFICE OF THE CITY CLERK
(714) 640 -2251
Subject: Newport Beach Resolution regarding Lifeguard Assistance Program
Enclosed is a copy of Resolution No. 82 -126 requesting financial assistance
from the County of Orange for Fiscal Years 1981 -1982 and 1982 -1983 to help
finance Lifeguard services for county residents using the beaches.
Resolution 82 -126 was adopted by the City Council of Newport Beach on
September 13, 1982.
Sincerely,
Wanda E. Andersen
City Clerk
WEA:lr
enc.
cc: Marine Dept.
3300 Newport Boulevard, Newport Beach
I
4 _AUNTY OF
s %03/A
Ft^N CA F_
v / ENVIRONMENTAL MANAGEMENT AGENCY
PUBLIC WORKS
AUG 2 G 1982
Robert L. Wynn, City Manager
_ City of Newport Beach
City Hall
3300 West Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Wynn:
MURRAY STORM
DIRECTOR, EMA
C. R. NELSON
DIRECTOR OF PUBLIC WORKS
LOCATION:
400 CIVIC CENTER DRIVE WEST
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 92702 -4048
TELEPHONE:
(714) 834-2300
FILE MS36.10
RED �p �9�
AUG 10 1982o-
City Manager
City of New -art Beach
The Board of Supervisors of the County of Orange has approved the Lifeguard
Assistance Program for fiscal year 1982/83.
Section 25551 of the Government Code requires cities to request subsidy via
resolution adopted by a vote of four - fifths of all its elected members.
Please note that city requests for subsidy should cover fiscal year 1981/82
as well as 1982/83. A copy of said resolution will be presented to the
Board of Supervisors.
Please return City Resolution to K. F. Brittain, Manager, Recreation Facilities,
10852 Douglass Road, Anaheim, CA 92806.
If you have any questions regarding this matter, please call Janice Bingel
at 634 -7047.
Very truly,
A�
K. F. Brittain ager
Recreation Facilities
JB:ce
M
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
(714) 640 -2251
May 6, 1981
TO: FINANCE DIRECTOR
FROM: Citv Clerk
SUBJECT: Contract No. 2247
Description of Contract Agreement for Lifeguard Service
1981 Financial Assistance
Effective date of Contract April 14, 1981
Authorized by Resolution No. 9919 , adopted on Nov. 10, 1980
Contract with Orange County Environmental Management Agency
Adress 400 Civic Center Drive West
Santa Ana, CA
Amount of Contract $98,037
Wanda E. Andersen
City Clerk
WEA:bf
City Hall • 3300 Newport Boulevard, Newport Beach, California 92663
RESOLUTION OF THE BOARD OF SUPERVISORS OF
ORANGE COUNTY, CALIFORNIA
April 14, 1981
On motion of Supervisor Wieder, duly seconded and carried, the
following Resolution was adopted:
BE IT RESOLVED that the lifeguard financial assistance agreements
between the County of Orange and the Cities of Seal Beach, Huntington
Beach, Newport Beach, Laguna Beach and San Clemente are hereby approved,
and the Clerk of the Board of Supervisors is authorized to execute said
agreements.
AYES: SUPERVISORS HARRIETT M. WIEDER, RALPH B. CLARK, ROGER R.
STANTON, BRUCE NESTANDE and THOMAS F. RILEY
NOES: SUPERVISORS NONE
ABSENT: SUPERVISORS NONE
STATE OF CALIFORNIA )
) ss.
COUNTY OF ORANGE' )
1, JUNE ALEXANDER, Clerk of the Board o f
hereby certify that the above and foregoing Re
the said Board at a regular meeting thereof he
19 81 , and passed by a unanimous vo
Supervisors of.Orange County, California,
solution was - an4.Iregularly adopted by
ld on the Nf4� April ,
to of sa,Bdard.
r. vim.
and seal this .14th..
day of
. :'t0
Clerkf.'t,he Beoar &.o£;Sie; visors of
r•0U} T ;. Y.
IN WITNESS WHEREOF, I have hereunto set my
April , 1981
Resolution No. 81 -483
Agrmnts. /Lifeguard Fin. Assist./
Cities of Seal Beach, Hunt. Beach,
Nwprt. Bch., Lag. Bch. & San Clemente
0 40 Amendment No. D80 -146
A G R E E M E N T
THIS AGREEMENT is made and entered into on 1981, 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.
WITNESSETH
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
I
states and foreign countries, come for relaxation and enjoyment of the beaches in the
I
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
I
vote of all its members, Resolution No.314f3 dated AP-Jrq,i48/ making the findings
required by Section 25553 of the Government Code;
i
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 1980 -81 fiscal year, and at all such time during the remainder ot-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
I
supervisory personnel in the discharge of its obligations under this Agreement, and to
40
r
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 ,
I
agreement, training and qualification of lifeguard personnel. shall comply with United
States Lifesaving Associaiton standards. CITY further agrees to provide adequate super-
visory personnel at all times, it being the intent of the parties that lifeguard servii'
of high quality and standards shall be available at all times.
3. The Director, Environmental. Management Agency, or designee thereof, shall
act as liaison officer for the purposes of the administration of this Agreement. CLTY I
shall. file monthly with such liaison officer a complete written report of its activities;
and services rendered pursuant to and under. this Agreement.
i
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 $98,037
dollars to be made on the dates and installments as follows:
February 1, 1981 $49,018.50
June.l, 1981. $49,018.50
5. It is further agreed that CITY will. respond with qualified personnel any-
where 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 DirecLor, IMA,
or designee thereof, or the Orange County Sheriff, Harbor Patrol 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 CfTY to immediately noii(y
the Orange County Sherif.f,,Harbor Patrol 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.
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 individual
1
2
3
4
5',
61
7
in charge where such emergency occurs; the above individual being expressly understood
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.
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 CITY, in an Orange County underwater rescue team coordinated and called into duty
by the Grange County Sheriff, Harbor Patrol Commander.
10. CITY will, no lacer than August 1,1981, submit to COUNTY'S Director,
Environmental Management Agency, or designee thereof, an accounting of CITY's expense
in providing lifeguard service for Fiscal Year 1980 -81.
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.
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
IN WITNESS WHEREOF, COUNTY has caused this Agreement to be executed by the
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 authorized, on the dates set forth opposite their respective signatures.
ATTEST: CITY OF
Date:
Date: t7�� O
Date:
Date: �i (Q d
Signed and Certified that a copy
of this document has been delivered
to the Chairman of the Board
Jot June Alexal9der
Clerk of the Board of Supervisors
of Orange County, California
Approved as to form:
Adrian Kuyper, County Counsel
Orange County, California
By: C -
D uty
Approved as to form:
By
City Attorney
County range
By —
Chafrman of the Board of
Supervisors of Orange County,
California, acting as the
Coverning Board of the Orange
County Harbors, Beaches, and Parks.
RESOLUTION NO. 9919
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH REQUESTING FINANCIAL ASSIS-
TANCE FROM THE COUNTY OF ORANGE FOR FISCAL
YEAR 198G -1981 TO HELP OFFSET CITY COSTS OF
LIFEGUARD SERVICES FOR COUNTY RESIDENTS USING
THE BEACHES
WHEREAS, many non -City residents utilize the beaches of
. • l
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 fol-
lowing 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,t,be 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
. 1. 40
W
2. A financial assistance request in the amount of
$98,037.00 is hereby authorized to the County of Orange as autho-
rized 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 certified copy of the City Coun-
cil's action to the County of Orange; and
.. 4
A. The Mayor and City Clerk are hereby authorized and
directed to execute the agreement with the County of Orange pro-
viding such financial assistance.
ADOPTED this 10th day of November, 1980.
ATTEST:
City Clerk
AS A A C07
CM QN9 OF M nn OF NVWMIT HACW
rp f
Mayor
2
kv
112580
M
January 30, 1981
CITY OF NEWPORT BEACH
Environmental Management Agency
Recreation Facilities
10852 Douglass Road
Anaheim, California 92806
Attention: K. F. Brittian, Manager
OFFICE OF THE CITY CLERK
(714) 640 -2251
As requested in your letter to David Harshbarger, Marine Director,
enclosed is the original and two copies of the Agreement for
LIFEGUARD SERVICE - 1981 FINANCIAL ASSISTANCE.
Following execution by the Board of Supervisors, please return one
fully executed copy of said agreement to this office for our files.
Very truly yours,
Wanda E. Andersen
City Clerk
Encl.
City Contract No. C -2247
Cin Hall • 3300 Nee %-port Boulevard, Nc% %-port Beach, California 92663
4
4P N
UNTY OF
U
s
N. G. OSBORNE
DIRECTOR
C.R. NELSON
ASSISTANT DIRECTOR
DEVELOPMENT
a /RANCE
ENVIRONMENTAL MANAGEMENT AGENCY
DEVELOPMENT DIVISION
400 CIVIC CENTER CRIVE VEST
SANTA ANA, CA.
David Harshbarger, Marine Director
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92663
Dear Mr. Harshbarger:
TELEPHONE. 413I -2300
AREA CODE 714
MARINO ADDRESS
P.D. box 4043
SANTA ANA, CA. 92702
RILE MS71.420
Attached please find the original and two copies of the 1981 Financial
Assistance agreement for lifeguard service between Orange County Harbors,
Beaches, and Parks District and the City of Newport Beach.
Please forward this agreement to the appropriate city officals for execu-
tion, returning the original and two copies to EMA /Recreation Facilities,
10852 Douglass Road, Anaheim, California 92806. Final execution will be
by the Board of Supervisors.
Your assistance in the timely processing of this document will be appre-
ciated. If you have any questions, please contact Patti Schooley at
634 -7065.
DV: jkj
Attachments
Very truly yours,
K. F. Brittian, Manager
Recreation Facilities
M
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
January 30, 1981
TO: CITY CLERK
FROM: 'Marine Director
SUBJECT: Financial Assistance Agreement
I have received the original and two copies of the 1981 Financial
Assistance Agreement for Lifeguard services between Orange County
Harbor Beaches and Parks District and the City of Newport Beach.
The County has asked that this Agreement be executed by the Mayor,
City Clerk, and City Attorney, and be returned to the County Board
of Supervisors for final execution.
The City Council, by Resolution Number 9919 (Attached)requested
financial assistance from the County in November of 1980. The
Council authorized both the request and authorized the Mayor and
City Clerk to execute the agreement when the Agreement was received.
The Agreement that has now been received is the same Agreement that
has been used for a number of years. It is my understanding that
this agreement does not have to go back to the Council for
execution. If you agree, please forward all three executed copies
to the County staff per the attached letter.
David Harshbarger
Marine Director
Dial /db
�•
i
:,
Y
..
.. .k
4
CITY OF NEWPORT BEACH
MARINE DEPARTMENT
November 10, 1980
T0: MAYOR AND CITY COUNCIL ITEM NO.: 9 -f1i
FROM: Marine Department
SUBJECT: COUNTY OF ORANGE ANNUAL LIFEGUARD FINANCIAL ASSISTANCE PROGRAM
Recommendation:
If desired, adopt Resolution No, authorizing the Mayor and City Clerk to
request financial assistance from the County of Orange in the amount of $98,037.
Discussion:
The Orange County Board of Supervisors during budget hearings of FY 1980 -81 again
approved financial assistance for Orange County cities maintaining a lifeguard
service. The Board has maintained funding at the FY 1977 -78 level.
Government Code 25551 requires the City Council to request financial assistance by
resolution adopted by four - fifths vote of the elected members. The resolution
should identify beach areas impacted by non -city resident use and the amount of
assistance requested.
The County staff has notified the City that upon receipt of a certified copy of the
resolution, the Board of Supervisors may, by four - fifths vote of its members extend
aid to the City for the purpose of providing the subject lifeguard service assistance.
If the Board of Supervisors approve the City's request, the County staff will prepare
an agreement for future review and processing by the City Council prior to final ex-
ecution by the County Board of Supervisors.
The County staff has indicated that the amount of $98,037 is available to the City
of Newport Beach if approved by the Board of Supervisors.
David Harshbarger, Director
MARINE DEPARTMENT
DH:ak
2 %1
of ft
" ? r,Q U N-rY C) F
z (Z 3 JJ1,RANGE
ENVIRONMENTAL MANAGEMENT AGENCY
811 NORTH BROADWAY
SANTA ANA, CALIFORNIA
M. Storm OCT 2 4 1980
DIRECTOR
David Harshbarger, Marine Director
City of Newport Beach
City Hall
3300 Newport Boulevard
Newport Beach, California 92663
Subject: Annual Lifeguard Financial Assistance Program
Dear Mr. Harshbarger:
T[LC►HONCS i7t41 834.3306
MAILING AOORESS:
V.O. BOX 4048
SANTA ANA. CALIFORNIA 8270$
FILL MS36.10
The Orange County Board of Supervisors has made the matter of lifeguard finan-
cial assistance a policy issue during annual budget hearings. Since 1978 the
Board has maintained funding at the FY 1977 -78 level. Cost of living increases
have not been provided. This policy was reaffirmed during the FY 1980 -81
budget hearings. Therefore, assistance monies will be available in the same
amount as provided each coastal city for last fiscal year.
Government Code 25551 requires that the legislative body of a city request
financial assistance by resolution adopted by 4/5 vote of elected members.
The resolution should identify beach areas impacted by non -city resident use
and the amount of assistance requested. Upon receipt of a certified copy of
the resolution, the Board of Supervisors may, by 4/5 vote of its members,
extend aid to the city for the purpose of providing lifeguard service.
The city's request for financial assistance should be mailed to:
Patti Schooley, PR II
E14A Recreation Facilities
10852 Douglass Road
Anaheim, California 92806
Upon receipt of the coastal cities' requests, this office will process them
to the Board of Supervisors and seek authorization to prepare necessary agree-
ments. If so authorized, agreements will be prepared and forwarded to your
office for review and processing to City Council. Final execution will be by
the County Board of Supervisors.
David Harshbarger, One Director
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If you have any question regarding the financial assistance program, please
contact Ms. Schooley at 634 -7065. Thank you for your cooperation.
Very truly yours,
KBri- ttain, Manager
Recreation Facilities
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