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Home My WebLink AboutCC Res 3022 1980-11-24 I I I . RESOLUTION Nur4BER 3'c1,z2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, REQUESTING FINANCIAL ASSISTANCE FROM THE COUNTY OF ORANGE FOR THE COST OF ~~INTENANCE TO PUBLIC BEACH AREAS IN THE CITY. THE CITY COUNCIL OF THE CITY OF SEAL BEACH HEREBY FINDS AND RESOLVES AS FOLLOWS: Section 1. All public beach areas in the City of Seal Beach are used by large numbers of Orange County residents who are not residents of the City, and such use of said public beach areas by non-city residents has increased the costs of maintenance of said public beach areas. Section 2. The sum of $21,489.00 is required by the City of Seal Beach as an additional maintenance cost imposed by the use by non- residents of the City. Section 3. The City Council of the City of Seal Beach requests financial assistance from the County of Orange as provided under Sections 25551 and 25552 of the California Government Code. Section 4. The City Clerk is directed to certify a copy of this resolution and to forward the same to the Board of Supervisors of Orange County. Section 5. The Mayor and the City Clerk are hereby authorized and directed to execute the attached agreement (Exhibit A) with the County of Orange providing for such financial assistance. PASSED, APPROVED AND ADOPTED by the City Council of the City o~' 11each,~ California, at a meeting thereof held on the .::f(.I./~ day of _" 'fl-aLJt/ 1980, by the following vote' \t~ . AYES: Councilmembers NOES: Councilmembers ~ ABSENT: Councilmembers L- ~~/ / k-ZpfD . " , , -' .,1 ;" "I EXHIBIT A A G R E E MEN T --------- ".". THIS AGREEMENT is made and entered into by and between the County of Orange , ' ~. .-,. o. a body politic and corporate, hereinafter referred to as the "County", and the City', ..:" . . :-: ,.; ..~:;.:..:. of Seal 8each a municipal coporation, located within the County of Orange, herein~fter, \ < 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 t~e State of California, and of other states and foreign countries, come for relaxation and enjoyment of the beaches in the City, thereby adding to the burden of the City and the necessity of ample and sufficient lifeguard service on said beaches; and WHEREAS, the City Council of the City has adopted a resolution by a four-fifths vote of all its elected members, making therein the findings required by Sections 25551 and 25552 of the Government Code of the State of California, a certified copy of which resolution is attached hereto; and WHEREAS, the Board of Supervisors of the County has adopted by a vote of all its members, Resolution No. 79-1794 dated December 4, 1979 making the findings required " ' by Section 25553 of the Government Code; NOW, :.~;."i -: 1. THEREFORE, it is agreed between the City and County as follows: , 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 of such fiscal year as the need for the same may exist, it being expressly understood the City shall respond, with qualified personnel. to emergency calls therein at any time during such fiscal year. . I 'I Resolution Number ' 2. City agrees to employ only properly trained and qualifi-ed lifeguards and supervisory personnel in the discharge of its obligations under this Agreement, and to maintain and provide an on-going training program, satisfactQ~y completion , ", of which shall be mandatory for all lifeguards employed by City. FDr the purposes of, " , this agreement, training and qual ification of lifeguard personnel silall comply with t~',: ' . ;' ',~' United States Surf Lifesaving Association standards. City further agrees to provide'; , ". .'~~' "" adequate supervisory personnel at all times, it being the intent of the parties that,' lifeguard services of high quality and standards shall be available at all times. 3. County hereby designates the Director, Environmental ~ar.agement Agency as its liaison officer for the purposes of the administration of this Agreement. City shall file monthly with such liaison officer a complete written report of its activities and services rendered pursuant to and under this Agreement. 4. County, in consideration of the perfo~ance by City as ~n this Agreement provided, does hereby appropriate and agree to pay to City the sum of Twenty-One Thousand Four Hundred Eighty-Nine Oollars 00/100, payment to be ~ac= on the dates and installments as follows: November 1, 1980 510,745.00 5,372.00 5,372.00 February 1, 1981 May 31, 1981 5. It is further agreed that City will respond with qualified personnel anywhere within the County of Orange to the extent there are qualified personnel .:........ available which the Chief Lifeguard of the City, or his subordinate then on duty, ~. ~';.~..I ~ determines are not immediately needed within the City when, in L~e opinion of the:Orange ~ !- .'~ .- County Sheriff-Coroner Department, Harbor Patrol Bureau Commander, an emergency exists .. 10':_:." . ~':I....'~ which warrants additional assistance beyond the ability of anyone jurisdiction to provide. 6. It shall be the duty of the Chief Lifeguard of City to immediately notify the Orange County Sheriff-Coroner Department, Harbor Patrol Bureau Commander, in the -2- II I I Resolution Number ' event of sea rescue or air~raft emergencies so that other City, Oistrict, 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 indi- vidual in charge where such emergency occurs; the above individual being expressly under- stood as the Chief Lifeguard, public official, city employee or County employee who has jurisdiction and responsibility over the immediate area where the emergency exists. 8. All personnel of the Citywhileon emergency duty hereunder, and while going to and returning from the scene of such emergency, shall be deemed to remain' the employee of the City; and any State personnel furnished for an emergency on ,any beach at which the City furnishes lifeguard service hereunder shall likewise be deemed to remain a State employee. 9. If, within the City's qualified personnel, there are lifeguards equipped with and trained to use Self-Contained Underwater Breathing Apparatus (SCUBA), such personnel shall be made available to serve, to the extent reasonable permitted by the capabilities, training, experience and equipment as determined by the Chief Lifeguard City, in an Orange County underwater rescue team coordinated and called into duty by the Orange County Sheriff-Coroner Department, Harbor Patrol Bureau Commander. 10. City will, no later than July 16, 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 . r~ 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, . "I", paid in excess and, City will remit to County said excess as billed. IN WITNESS WHEREOF, County has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, and City has caused' the Agreement to be executed by its Mayor, and attested by its Clerk, all thereunto -~ - Resolution Number ' duly authorized, on the dates set forth opposite their respective signatures. Ln DATED / (!Ib/?Uh>> c11 (fJb ATTEST: ~0b ',' \.,~ /~{l / I t/ , C Y Clerk / By DATEO Deputy Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM: ADRIAN KUYPER, County Counsel ORANGE COUNTY, CALIFORNIA By I By COUNTY OF ORANGE Chairman of its Board of Supervisors. of Orange County, California .4- , ",\ . ~. -' " : 1 '.~ , " '. ... .- . " '. " 'f':. .' .' . ~ .. ~ . ,:~.,: "i'" \. ',' :;.0 ," e.- " - ~:. .- !." _.'~ ,a.:.",', .....+ . ,