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Home My WebLink AboutCC Res 2828 1978-10-09 I I I ~ . ~ RESOLUTION NO. cZB.t2 B 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 MAINTENANCE TO PUBLIC BEACH AREAS IN THE CITY. THE CITY COUNCIL qF 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 nonresidents 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~Real Beach,~fo~a at a meeting thereof held on the ~ day of ~;, 1 78, by he followi vote: ~ AYES: Council NOES: Council Members ~ f2-(/ Members ~ Members ~d dL. ~ '--..../ ~~/~_/ Mayor ~ ABSENT: Council . AT';jT: ~-t~.J:..; p.f. Cler Resolution Number ------....----. ~_. . - -.- . - --~~ - _. ENVIRONMENTAL MANAGEMENT AGENCY 811 NORTH BROADWAY SANTA ANA, CALIFORNIA .........---;"' i'... , C . ",J:./.; ~\ .. .-.-- C'- . .'" (",.. ...~...:...~ :a':,: ...../ "'~-' .... .\.:t ~ '\/ . .,r, -1~ '\ .......'1 re', .1 "..~;'" yC .".: 'l.l~ U :1, -; ~. ......... -~':. .... ... ..... ,- fv. ,- ..n-{'- ~.:> _t ("'; -:') ~\' ", ,) , ,_'... w' 1-' ,-'. t. .. '0 . . ...... ,,'r'~ I . -. errf ;,1\,'J,\\. ,.... ,. _....~1 '\_) ...-......,' '3'c.\t..... . to:C ~.......- /' '.' /'. \''1'" ...ui~'PH'"pNE\ ~34.;1618 .....A~.DrlI4 UNTV OF ANGE MAILING ADDIIII:SS P.O. BOX 4048 SANTA ANA~ CALIFORNIA 92702 H. G. OSBORNE DIRECTOR Dennis Courtemarche City Manager 211 8th Street Seal Beach, California 90740 SEP 2 2 1978 "LE Lifeguard - Fin Ass:l.stance Dear Mr. Courtemarche: Enclosed please find an original and two copies of the proposed fiscal year 1978-79 Financial Assistance Agreement between the County of Orange and the City of Seal Beach. The agreement provides for a county contribution to the city to assist in financing a portion of lifeguard services provided to non-city residents. I The Orange County Board of Supervisors' Resolution No. 78-1099 (adopted July 18, 1978) provides for a freeze at the 1977-78 FY level. It further provides for re- duction in assistance to the extent cities reduce lifeguard budgets. Information supplied by the Seal Beach City Manager's staff indicates a reduction in the approved FY 1978-79 marine safety budget of 10.2 percent from the actual expenditures during FY 77-78. The enclosed agreement for financial assistance re- flects the same percent reduction. Government code Sections 25551 and 25552 require that your city council: 1) Authorize execution of the agreement by four-fifths vote of all its elected members. 2) Designate the public beach affected. 3) Request financial assistance in the amount of $21,489.00. 4) State the additional costs of providing and maintaining lifeguard services due to use by non-city residents. A sample resolution which complies with the government code requirements is provided for your convenience. I Please return all executed copies of the proposed agreement to the Environmental Management Agency, Operations Section, to the attention of Kurt Brittain, together with a copy of the official action by the city council. Upon approval by the Board of Supervisors, a fully executed copy of the agreement will be returned for your files. Very truly yours, . -+-e\ (-) / '\ _ 'ld-C-'~V\r....'-- H. G. Osborne, Director RS:mw Encls I ~: Resolution Number _..-_...~---- - ----.-- 1 AG!~~tl!!I 2 TillS AGIl.EE~IENT is made and entered into by and between the COUNTY OF ORA..'lGE, 3 a body. politic and corporate, hereinafter referred to as the "COUNTY", and the CITY 4 OF SEAL BEACH a municipal corporation, located within the County of Oran~e, 5 hereinafter referred to as "C+TY". The implementing agency for the COUNTY shall be 6 7 the Orange County Environmental.t~nagement Agency. WITNESSETH 8 WHEREAS, the CITY is situated on.the coastline of the County of Orange, where 9 many and various persons, not necessarily residents of the CITY, but includin~ as well 10 11 residents of the COUNTY, all other counti~s in the State of California, and of other . states and foreign countries, come for relaxation and enjoyment of the beaches in the CITY, thereby adding to the burden' of the CITY and the necessity of aJ:\ple and sufficienl lifeguard service on said beaches; and 14 15 16 17 18 1~IEREAS, the City Council of the CITY has adopted a resolution by a four-fiftl 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 wh~ch resolution is attached hereto, and WHEREAS, the Board of Sup~rvisors of the COUNTY has adopted by a Cour-Cifrhs .19 vote of all its J:\embers, Resolution No. t dated making the 20 findings required by Section 25553 of the Government Code; 21 NOW, THEREFORE, it is agreed between the CITY and the COUNTY as follows: 22 23 1. CITY agrees to provide liCeguard services during July, August, September, and June of the 1978-79 fiscal year, and at all such time durinr, the remaind",r oC 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 26 27 during such fiscal year. 2. CITY agrees to employ only properly trained and qualified lifeguards 28 and supervisory personnel in the discharge of its oblir.,\tions under this Al:reemcnt, I 10 11 112 13 14 15 16 17 18 Resolution Number ---.--..---. --.--- --.--- 1 and to maintain and provide an on-going training program, satisfactory completion of 2 which shall be mandatory for all lifeguards employed by CITY. For the purposes of this 3 agreement, training and qualification of lifeguard personnel shall comply with National 4 Surf Lifesaving Association of America standards. CITY further agrees to provide 5 adequate supervisory personnel at all times, it being the intent of tbe' parties that 6 lifeguard service of high quality and standards shall be available at all times. 3. COUNTY hereby designates the Director, Environmental .mnage~ent Ag~ncy 8 as its liaison officer for the purposes of the administration of this Agreement. CITY 7 9 shall file monthly with such liaison officer a complete written report of its activitie and services rendered pursuant to and un4er this Agreement. -4. COUNTY, in consideration of the performance by CITY as in this Agreement provided, does hereby appropriate and agree to pay to CITY the sum of Twenty-one Thousand Four Hundred Eighty-nine and No/IOO , payment to be made on the dates and installments as follows: November 1, 1978 $10,745.00 February 1, 1979 $ 5,372,00 $ 5,372.00 May 31, 1?79 5. It is fu~ther agreed that CITY will respond with qualified personnel 19 anywhere within the County of Orange to the extent there are qualified personnel 20 available which the Chief Lifeguard of the CITY, or his subordinate tben on duty, 21 determines are not immediately needed within the CITY when, in the opinion oC the 22 Orange County Sheriff-Coroner Department, Harbor Patrol Bureau Commander, an eme~gency 23 exists which warrants additional assistance beyond the ability of any one jurisdi~tion 124 to provide. . 25 6. It shall be the duty of the Chief Lifeguard of CITY to immediately notifl 26 the Orange County Sheriff-Coroner Department, lIarbor Patrol Bureau Commander, in the 27 event of sea rescue or aircraft emergencies so that other City, District. County, or 28 State rescue units may be alerted and coordinated for standby or assistance. . -2- . 11 112 13 14 15 16 17 124 25 Resolution Number .... 7. All lifeguards and other rescue ~ersonnel of CITY, who shall be called 2 3 4 5 6 7 8 9 10 11 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 beinK expressly under stood as the Chief, Lifeguard, public official, city employee or County employee who has jurisdiction and responsibility over the immediate area where the emergency exists. 8. All personnel of the CITY while on emergency duty hereunder, and while going to and returning from the scene of such emergency, shall be deemed to remain the employee of the CITY; and any Sta~e 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 (SCUB), 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 Lifer.uard 01 CITY, in an Orange County underwater rescue team coordinated and called into duty by the Orange County Sheriff-Coroner Department, H~rbor Patrol Bureau Corr~ander. 10. CITY will, no later than July 16, 1979, submit to COUNTY's Director, 18 Environmental Management Agency, or designee thereof, an accountinr. of CITY's expense 19 20 21 22' 23 in providing lifeguard service for Fiscal Year 1978-79. 11. If. as described in clause 10 herein, CITY's approved budget allocation exceeds actual expenditures for CITY's lifeguard services program, COU~7Y shall reduce financial assistance 'subsidy by the same percent; COUNTY shall bill CITY for subsidy paid in excess and. CITY will remit to COUNTY said excess as billed. IN WITNESS I~EREOF. COUN1~ has caused this Agreement to be executed by the Chairman of the Board of Supervisors and attested by its Clerk, and CITY has caused thi 26 27 Agreement to be executed by its ~Iajor, and attested by its Clerk, all thereunto /11/ /11/ 3 28 Resolution Number ,.... - =:: .. -----. .-------. -. --------.. . -..-. - 3 4 DATED {lJerlJl5eJe' q /9 J 8 . 5 AT}EST0 6 C.. ! " 7 ()Y Deputy 1 1 duly authorized, on the dates set forth opposite their respective siGnatures. 2 CI'IY OF SEAL BEACH 8 9 10 11 112 13 14 15 16 17 18 19 20 21 22 23 124 25 26 27 28 DATED ATTEST: . JUSE ALEXANDER Clerk of the Board of Supervisors of Orange County, California APPROVED AS TO FOIUI: ADRIAN KUYPER, County Counsel ORA.'1GE' COUNTY, CAI.IFORNIA By 1/1/ /III II/I 1/1/ 1//1 1111 11/1 /III /III 1/1/ By J~~L /' A, rir- (/.ayor 111 COUN'IY OF ORANGE , By Chairman of its Board of Supervisors of Orange County. California 4