HomeMy WebLinkAbout9131 - Lifeguard Service on City-Owned BeachesRESOLUTION NO. 9131
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE MAYOR AND
• CITY CLERK TO EXECUTE A LIFEGUARD FINANCIAL
ASSISTANCE AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE COUNTY OF ORANGE TO
HELP PROVIDE LIFEGUARD SERVICE ON CITY -OWNED
BEACHES
WHEREAS, many non -city residents utilize the beaches
of the City of Newport Beach; and
WHEREAS, in accordance with Sections 25551 and
25552 of the Government Code of the State of California, the
City Council of the City of Newport Beach hereby finds and
determines that the use of City -owned beaches by large numbers
of non - residents has created an undue financial burden on the
City by increasing the costs of providing and maintaining
lifeguard services on the following City -owned beaches:
Newport - Balboa Ocean Front and Corona del Mar Ocean Front
Beaches and protected swimming beaches in Newport Bay; and
WHEREAS, Section 25551 of the Government Code of
the State of California provides that under such circumstances
a city may request financial assistance from the county in
which it is located by resolution adopted by a vote of four -
fifths (4/5) of all its elected members.
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Newport Beach that:
(1) The costs of providing and maintaining lifeguard
services on City -owned beaches are increased by reason
• of their use by non -city residents; and
(2) A financial assistance request in the amount of
$98,728. to the County of Orange is hereby authorized
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in accordance with Section 25551 of the Government
Code of the State of California; and
(3) The City Clerk is hereby authorized to
transmit the financial assistance request by copy of
the City Council's action to the County of Orange; and
(4) The Mayor and City Clerk are hereby authorized
and directed to execute the attached agreement (Exhibit
"A ") with the County of Orange providing for such
financial assistance.
ADOPTED this 27th
ATTEST:
C ty Clerk
ERTIf[ED TFIE ORI'INk1L
.. ...........-- -...._... ..__._.___ Y CLERIC OF THE CITY AF NF ;.T &ZA
1UN 2 0 997
DATE&
day of June
MAxtor Pro Tem
1977.
DDO /bc
6/21/77
1 A G R E E M E N T
2 THIS AGREEMENT is made and entered into by and between the COUNTY OF
3 ORANGE, a body politic and corporate, hereinafter referred to as the "COUNTY "',
4 and the CITY OF NEWPORT BEACH, a municipal corporation, located within the
5 County of Orange, hereinafter referred to as "CITY ". The implementing agency
for the COUNTY shall be the Orange County Environmental Management Agency.
7 WITNESSETH
.8 WHEREAS, the CITY is situated on the coastline of the County of
9 Orange, where many and various persons, not necessarily residents of the CITY,
10 but including as well residents of the COUNTY, all other counties in the State
11 of California, and of other states and foreign countries, come for relaxation
12 and enjoyment of the beaches in the CITY, thereby adding to the burden of the CITY
13 and the necessity of ample and sufficient lifeguard service on said beaches; and
14 WHEREAS, the City Council of the CITY has adopted a resolution by a
15 four— fifths vote of all its elected members, making therein the findings re-
16 quired by Sections 25551 and 25552 of the Government Code of the State of
17 California, a certified copy of which resolution is attached hereto, and
18 WHEREAS, the Board of Supervisors of the COUNTY has adopted by a
19 four — fifths vote of all its members, Resolution No. dated
20 making the findings required by Section 25553.of the Government Code;
21 NOW, THEREFORE, it is agreed between the CITY and the COUNTY as
22 follows:
23 1. CITY agrees to provide lifeguard services during July, August,
24 September, and June of the 1977 -78 fiscal year, and at all such time during
25 the remainuer of such fiscal year as the need for the same may exist, it
26 being expressly understood the CITY shall respond, with qualified personnel,
27 to emergency calls therein at any time during such fiscal year.
28 2. CITY agrees to employ only properly trained and qualified lifeguards
. —1 EXHIBIT "A ;.
Ji
1 and supervisory personnel in the discharge of its obligations under this Agree-
2 meat, and to maintain and provide -an on -going training program, satisfactory
3 completion of which shall be mandatory for all lifeguards employed by CITY. For
4 the purposes of this agreement, training and qualification of lifeguard personnel
shall comply with National Surf Lifesaving Association of America standards.
6 CITY further agrees to provide adequate supervisory personnel at all times, it
7 being the intent of the parties that lifeguard service of high quality and standards
8 shall be availalbe at all times.
9 3. COUNTY hereby designates the Director, Environmental Management
10 Agency as its liaison officer for the purposes of the administration of this Agree -
11 ment. CITY shall file monthly with such liaison officer a complete written.
12 report of its activities and services rendered pursuant to and under this Agreement.
13 4. COUNTY, in consideration of the performance by CITY 'as in this
14 Agreement provided, does hereby appropriate and agree to pay to CITY the sum
15 of Ninety Eight Thousand Seven Hundred Twenty Eight Dollars ($98,728), payment to be
16 on the dates and installments as follows:
17 September 1, 1977 $ 32,908
18 October 1, 1977 16,455
19 November 1, 1977 16,455
20 February 1, 1978 16,455
21 May 31, 1978 16,455
22 5. It is further agreed that CITY will respond with qualified personnel
23 anywhere within the County of Orange to the extent there are qualified personnel
24 available which the Chief Lifeguard of the CITY, or his subordinate then on
25 duty, determines are not immediately needed within the CITY when, in the
26 opinion of the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau
27 Commander, an emergency exists which warrants additional assistance beyond the
28 ability of any one jurisdiction to provide.
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1 6. It shall be the duty of the Chief Lifeguard of CITY to immediately
2 notify the Orange County Sheriff - Coroner Department, Harbor Patrol Bureau
3 Commander, in the event of sea rescue or aircraft emergencies so that other
4 City, District, County, or State rescue units may be alerted and coordinated
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for standby or assistance.
6 7. All lifeguards and other rescue personnel of CITY, who shall be
7 called on duty at any such emergency, shall be under the control and supervision
8 of the individual in charge where such emergency occurs; the above individual
9 being expressly understood as the Chief Lifeguard, public official, city employee
10 or County employee who has jurisdiction and responsibility over the immediate .
11 area where the emergency exists.
12 8. All personnel of the CITY while on Fnergency duty hereunder, and
13 while.going to and returning from the scene of such emergency, shall be deemed
14 to remain the employee of the CITY; and any State personnel furnished for an
15 emergency on any beach at which the CITY furnishes lifeguard service hereunder
16 shall likewise be deemed to remain a State employee.
17 9. If, within the CITY's qualified personnel, there are lifeguards.
18 equipped with and trained to use Self- Contained Underwater Breathing Apparatus
19 (SCUBA), such personnel shall be made available to serve, to the extent reasonably
20 permitted by their capabilities, training, experience and equipment as determined
21 by the Chief Lifeguard of CITY, in an Orange County underwater rescue team
22 coordinated and called into duty by the Orange County Sheriff - Coroner Department,
23 Harbor Patrol Bureau Commander.
24 IN WITNESS WHEREOF, COUNTY has.caused this Agreement to be executed
25 by the Chairman of the Board of Supervisors and attested by its Clerk, and
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CITY has caused this Agreement to be executed by its Mayor, and attested by its
Clerk, all thereunto duly authorized, on the dates set forth opposite their
respective signatures.
DATED
ATTEST:
City Clerk
DATED'
ATTEST:
JUNE ALEXANDER
Clerk of the Board of Supervisors
of.Orange County, California
APPROVED AS TO FORM:
ADRIAN KUYPER, County Counsel
ORANGE OUNTY,IIFORNIA
BY' 0.t %, S 7h,5
i/
BW:rm344ai1?
CITY OF NEWPORT BEACH
By
Mayor Pro Tem
COUNTY OF ORANGE
By
Chairman of its Board of Supervisors
of Orange County, California
APPROVED AS TO FORM:
0.
DENNIS D. O'NEIL
City Attorney
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