HomeMy WebLinkAbout15 - Budget Amendment for Professional Legal ServicesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 1s
(August 14, 2007)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robin Clauson, City Attorney
644 -3131, rclauson @city.newport- beach.ca.us
SUBJECT: BUDGET AMENDMENT FOR PROFESSIONAL LEGAL SERVICES FOR
EELGRASS ISSUES IN LOWER NEWPORT BAY
RECOMMENDATION:
Approve a budget amendment transferring $165,000 from General Fund unappropriated
reserves to the City Attorney's Professional and Technical account 0510 -8080.
DISCUSSION:
The Fiscal Year 2007 -08 budget for the City Attorney's Professional and Technical
Services Account in an average year will handle the department's needs for outside
legal or technical expertise for legal services required for the year. However, from time
to time issues arise that will exceed the budget approval and the Council has directed a
budget amendment be requested when extraordinary expenses arise. The City's Bay
Issues Committee recommended that I retain outside counsel, Paul Singarella with the
firm of Latham & Watkins to provide specialized expert legal evaluation of regulations
and policies of federal agencies and provide legal support for ongoing discussions with
various agencies over mitigation requirements for eelgrass in Newport Harbor. It is the
City Council's goal to obtain agency approval for an eelgrass policy that is pragmatic
and which conforms to the law, including, as applicable the Magnuson- Stevens Fishery
Conservation and Management Act.
In 1991 federal and state agencies, (i.e. the National Marine Fishery Service, the United
States Fish & Wildlife Service and the California Department of Fish & Game)
developed the eelgrass policy on the basis that eelgrass was under significant stress
and was in a state of emergency. Since then, eelgrass has flourished in the harbor, and
the continued spread of eelgrass creates tension with, and may be inconsistent with,
other beneficial uses of the harbor and other environmental considerations.
A budget amendment of $165,000 is requested to increase the Professional and
Technical account to address current and anticipated legal expenses during the next
fiscal year related to the eelgrass issues in Lower Newport Bay.
Environmental Review: This is not a project under CEQA.
Budget Amendment for Professional Legal Services
August 14, 2007
Page 2
Funding Availability:
Upon approval of the recommended budget
available in the City Attorney's 8080 account to
identified above through the end of fiscal year.
Prepared and Submitted by:
R in Clauson,
City Attorney
amendment sufficient funds will be
pay for additional outside legal costs as
City of Newport Beach NO. BA- 08BA -008
BUDGET AMENDMENT
2007 -08 AMOUNT: $�ss,000.00
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates Increase in Budgetary Fund Balance
Increase Expenditure Appropriations AND �X Decrease in Budgetary Fund Balance
Transfer Budget Appropriations No effect on Budgetary Fund Balance
SOURCE:
from existing budget appropriations
X from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
To increase expenditure appropriations for legal services regarding the eelgrass issues in Lower Newport Bay.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE
Fund Account Description
010 3605 General Fund - Fund Balance
REVENUE ESTIMATES (3601)
Fund /Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Signed:
Signed
Signed:
Approval: Administr4Ke Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$165,000.00 -
$165,000.00
� � r
WWE
Date
Description
Division
Number
0510 City Attorney's Office
Account
Number
8080 Services - Professional and Technical
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
Signed:
Signed
Signed:
Approval: Administr4Ke Services Director
City Manager
City Council Approval: City Clerk
Amount
Debit Credit
$165,000.00 -
$165,000.00
� � r
WWE
Date