HomeMy WebLinkAboutC-5232 - Grant Agreement - Council Grant for FY 12-13GRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
THE BALBOA ISLAND MUSEUM AND HISTORICAL SOCIETY
This Grant Agreement ( "Agreement ") is entered into this 1± day of
:YJ�P , 2012, by and between the City of Newport Beach, a California
municipal corporation and Charter City ( "City "), and THE BALBOA ISLAND MUSEUM
AND HISTORICAL SOCIETY, a California nonprofit corporation located at 331 Marine
Avenue, Balboa Island, CA 92662 ( "Grantee "). City and Grantee are at times
individually referred to as "Party" and collectively as "Parties" herein.
RECITALS
A. It is the policy of the City Council that the City's budget specifically allows the City
Council to direct revenue towards non - profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs
which the City Council deems beneficial to resident's quality of life.
B. Grantee requested a grant from the City for $15,000. ( "Grant Proposal ").
C. The City Council determined the Grant Proposal is for a worthy project that will
benefit the City's residents quality of life.
D. The City Council approved a grant in the amount of Fifteen Thousand and 00/100
dollars ( "Grant Funds ") to Grantee pursuant to certain conditions regarding
expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of Fifteen Thousand and
00/100 dollars (15,000.00) as requested by Grantee to be used for the operations of the
Balboa Island Museum and Historical Society, or as authorized by the City Council.
1.2. Grant Funds shall be disbursed by City to Grantee as follows (select one):
® At the time of execution of this Agreement.
❑ On or before Click here to enter a date.
❑ In four (4) equal installments on the following dates: (a) Click here
to enter a date.(b) Click here to enter a date.(c)Click here to enter a
date., and (d)Click here to enter a date..
2. TERM
The term of this Agreement shall commence on the date first written above
( "Effective Date ") and shall continue in full force and effect until June 30, 2013, unless
terminated earlier as provided herein.
3. RESTRICTIONS ON USE OF FUNDS
3.1. The Grant Funds are subject to the following expenditure conditions
( "Approved Uses "):
3.1.1. The Grant Funds shall be expended solely for the purposes
provided in Exhibit A;
3.1.2. The Grant Funds shall not be used for any activity that would
violate City, state or federal statutory or decisional law such as regulations affecting
non - profit or tax exempt organizations exempt from taxation pursuant to Section
501(c)(3) of the Internal Revenue Code; and
3.2. Grantee further warrants to City that the Grant Funds will be spent solely for
the Approved Uses and the Grant Funds shall be used by Grantee during this
Agreement's term otherwise the Grant Funds shall be returned to City, as provided in
Section 5 below.
4. REPORTING AND ACCOUNTING REQUIREMENTS
4.1. At all times during the term of this Agreement, Grantee shall maintain true,
proper, and complete books, records, and accounts (collectively, "Books and Records ")
in which shall be entered fully and accurately all transactions taken with respect to the
operations of Grantee under the Grant Proposal and the expenditure of the Grant
Funds. Grantee shall maintain the Books and Records in accordance with Generally
Accepted Accounting Principles.
4.2. If the Grantee has been audited by an independent auditor or has been the
subject of a compliance audit/examination by a grantee or regulatory agency during the
past three years, audit reports and management letters indicating compliance violations,
fraud, illegal acts, material weaknesses in internal control structure or reportable
conditions, in connection with such audits shall be delivered to the City thirty (30) days
prior to the effective date of this agreement. If no audits or events as described above
have occurred during this period, the Grantee shall provide City a written assertion that
no audits or similar examinations have occurred during the three (3) year period and an
assertion that the Grantee is not aware of any events or conditions, described above, or
other information that might reasonable impact City's decision to fund the grant as
requested.
4.3. City reserves the right to designate its own employee representative(s) or its
contracted representative(s) with a Certified Public Accounting firm who shall have the
right to audit Grantee's accounting procedures and internal controls of Grantee's
financial systems as they relate to the Grant Proposal and to examine any cost,
revenue, payment, claim, other records or supporting documentation resulting from any
Balboa Island Museum and Historical Society Page 2
items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its
representative(s) at mutually agreed upon reasonable times and in conformance with
generally accepted auditing standards. Grantee agrees to fully cooperate with any such
audit(s).
4.4. This right to audit shall extend during the length of this Agreement and for a
period of three (3) years or longer, if required by law, following the date of any Grant
Funds tendered under this Agreement. Grantee agrees to retain all necessary
records /documentation for the entire length of this audit period.
4.5. Grantee shall, upon conclusion of the event, furnish the City with a Balance
Sheet and Income Statement describing the receipt and disbursement activities of
Grantee with respect to the Grant Funds. In its sole and absolute discretion the City
may also require Grantee to submit: (1) quarterly check registers and descriptions of
each disbursement; (ii) budget -to- actual - results; and (iii) a statement of position
describing the assets and liabilities associated with the Grant event. All reports,
including a post -event evaluation, shall be due to the City no later than forty -five (45)
days following the conclusion of the event. In the event that an independent audit is
conducted, Grantee shall forward a copy of the audited report to the City for review,
including any Management Letter, Report on Internal Controls, or Reportable Conditions
letter generated during the course of the audit.
4.6. Grantee agrees to exercise prudent financial management processes
including proper oversight of all assets, budget preparation, and timely reporting
including budget -to- actual- comparisons.
4.7. All Approved Uses shall be performed by Grantee or under Grantee's
supervision. Grantee represents that it possesses the professional and technical skills
required to perform the services required by this Agreement, and that it will perform all
services with a standard of care and in a manner commensurate with the community
professional standards.
4.8. If Grantee has supported Political Action Committees(s) (PACs) during the
past three (3) years, the Grantee shall hire an independent auditor to perform limited,
agreed -upon testwork procedures to provide City assurance that City sponsored event
profits did not subsidize the funding of Political Action Committees (PACs) and event
proceeds were adequately segregated from funds used to support PACs. Agreed upon
procedures may include a review of a detail list of the past three (3) years of PAC
contributions and expenditures, including:
a. An identifying donor number, date and amount of each reported
contribution; and
b. A detail of expenditures sufficient enough to determine that the
expenditures were solely for PAC - related expenses; and
c. Any retained earnings or fund balance at the end of each fiscal year.
Substantive documentation for the contribution and expenditure should be available
upon request. City shall approve the agreed -upon testwork procedures prior to the
commencement of fieldwork.
Balboa Island Museum and Historical Society Page 3
5. USE OF GRANT FUNDS
The Grant Funds shall be used solely by Grantee for the Approved Uses and for no
other use, including but not limited to political activity in support of a PAC. In the event
that the Grant Funds are not used for the Approved Uses, Grantee shall notify the City
in writing, and shall be obligated to return the Grant Funds in full to the City within ten
(10) days. If the Grant funds are not expended by or before June 30, 2013, Grantee
shall notify the City in writing and shall be obligated to return the unexpended Grant
funds to the City within thirty (30) days.
6. INDEMNIFICATION
6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to this Agreement (including the negligent and /or willful acts,
errors and /or omissions of Grantee, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable for any or all of them).
6.2. Notwithstanding the foregoing, nothing herein shall be construed to require
Grantee to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity
shall be construed as authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Grantee.
7. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, and the agents and employees of
Grantee, shall act in an independent capacity and are not officers, employees or agents
of the City. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Grantee or any of Grantee's employees or agents, to be the
agents or employees of City. Grantee shall have the responsibility for and control over
the means of performing the Approved Uses, provided that Grantee is in compliance
with the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Grantee as to the details of the performance or to exercise a
measure of control over Grantee shall mean only that Grantee shall follow the desires of
City with respect to the results of the Approved Uses.
Balboa Island Museum and Historical Society Page 4
8. PROHIBITION AGAINST TRANSFERS
Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of
the services to be performed under this Agreement, directly or indirectly, by operation of
law or otherwise without prior written consent of City. Any attempt to do so without
written consent of City shall be null and void.
9. NOTICES
9.1. All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first class mail, addressed as hereinafter provided.
9.2. All notices, demands, requests or approvals from Grantee to City shall be
addressed to the City at:
Attn: City Manager
City of Newport Beach
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
Phone: (949) 644 -3001; Fax: (949) 644 -3020
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Executive Director
Balboa Island Museum and Historical Society
331 Marine Avenue
Balboa Island, CA 92662
10.TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent
with the terms, conditions and restrictions in this Agreement. In such event, City shall
give Grantee, thirty (30) days written notice to cure, if the default can be cured and City
shall be entitled to terminate this Agreement if Grantee has not cured the default within
the thirty (30) day cure period. City shall be entitled to immediately terminate this
Agreement if the default cannot be cured through corrective action. If terminated for
cause, Grant Funds shall be returned to the City pursuant to Section 5. This Agreement
is made on an annual basis, and as such is subject to non - renewal at its termination.
10.2. Termination without Cause. City may terminate this Agreement at anytime
with or without cause upon seven (7) days written notice to Grantee, any remaining
Grant Funds in Grantee's possession at the time of termination shall be returned to City
pursuant to Section 5.
Balboa Island Museum and Historical Society Page 5
10.3. Specific Performance. Grantee agrees that the City has the legal right, and
all necessary conditions have been satisfied, to specifically enforce Grantee's
obligations pursuant to this Agreement.
11. STANDARD PROVISIONS
11.1. Compliance With all Laws. Grantee shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter
enacted.
11.2. Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
11.3. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged
herein. No verbal agreement or implied covenant shall be held to vary the provisions
herein.
11.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Grant Proposal or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.5. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
11.6. Amendments. This Agreement may be modified or amended only by a
written document executed by both Grantee and City and approved as to form by the
City Attorney.
11.7. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
11.8. Controlling Law And Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
11.9. Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
Balboa Island Museum and Historical Society Page 6
11.10. No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
11.11. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Balboa Island Museum and Historical Society Page 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: _�t A /f 7 -
By:
By: A!
Aaron C. Harp
City Attorney
�n
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: "Al `:��'2"o,'L
E� By:'� ��<✓1(n
Dave -Ki
t� City Manager
ATTEST:
Date: 9•)1'10"_
Bv: ak �' p0m,
Leilani I. Brown
City Clerk
fid', �l-,
4
Attachment: Exhibit A: Grant Proposal
GRANTEE: Balboa
Historical Society, a
corporation
Date:
Island Museum and
California nonprofit
By: IS;"
Printed Name-:"
Title: AWesle c y 1---
Date:0,6 -,;?p-moo/z
By:
Printed Name:
Title: �EQsv/!e2
[END OF SIGNATURES]
Balboa Island Museum and Historical Society Page 8
Exhibit A
Grant Funds shall be expended solely for the operations of the Balboa Island Museum
and Historical Society. No Grant Funds may be used to fund any political activities.
Agenda Item No 24
June 12. 2012
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, City Manager
949 - 644 -3002, dkiff @newportbeachca.gov
PREPARED BY: Tracy McCraner, Finance Director
APPROVED:
TITLE: Resolution 2012- 46 Fiscal Year 2012 -13 Budget Adoption
ABSTRACT:
The City Council is required by the City's Charter to adopt an annual budget by
resolution each year prior to June 30th.
RECOMMENDATION:
1. Hold the Public Hearing on the City Manager's Proposed Fiscal Year 2012 -13
Budget. After receiving the staff report and taking public input, discuss and
accept council member recommendations for additions, deletions, or
modifications to the budget checklist.
2. Conduct a straw vote on each checklist item, including those added to the City
Manager's Proposed Fiscal Year 2012 -2013 Budget by Council members at the
hearing. Based on the straw vote, items approved will be included in the City
Manager's Proposed Fiscal Year 2012 -13 Budget (Attachment A);
3. Approve Resolution 2012 4F adopting the City Manager's Proposed Fiscal Year
2012 -13 Budget, as amenaed by Items 1 -2 above (Attachment B).
FUNDING REQUIREMENTS:
The proposed FY 2012 -13 Budget is balanced at $260,101,781 for all funds. The
preliminary checklist, as attached, increases the proposed budget as follows:
• Operating budget increases $2,432,463
• CIP budget increases $60,459
• Estimated Revenue increases $1,478,224
Resolution 2012 -_: Fiscal Year 2012 -13 Budget Adoption
June 12, 2012
Page 2
The operating budget increase is greater than the revenue budget increase due to the
planned purchase of the fire pumper, ladder truck and medic unit which are funded
through equipment maintenance fund reserves previously established for these
replacements.
DISCUSSION:
Background
Pursuant to Section 1102 of the Newport Beach City Charter, and Council Policy F -3
titled Budget Adoption and Administration, the Proposed Budget for the 2012 -13 fiscal
year was first submitted to the City Council on May 3, 2012. The City Council held
budget study sessions on May 8 and May 22 to review the City Manager's Proposed
Budget for the 2012 -13 fiscal year. A third budget presentation took place during the
regular session of the May 22, 2012 Council Meeting.
The City Manager's Proposed Budget for Fiscal Year 2012 -13 was prepared based on
four important values: 1) our desire to maintain a quality, physical environment; 2)
support extraordinary public safety; 3) an engaged citizenry; and 4) be a responsive,
customer focused, and transparent government. Our core budget principles were to
keep the Fiscal Year 2012 -13 budget generally flat when compared to the Fiscal Year
2011 -12 original budget, which included $8 million in operating department structural
reductions. The proposed budget accounts for previously approved increases in
contractual obligations, increases the investment in information technology, continues to
invest in our workforce to develop a smarter yet smaller organization, and most
importantly, all without drawing from our reserve funds. We also continue to increase
our investment in our infrastructure by increasing our General Fund capital improvement
project budget to $3.6 million, up from $2 million in original Fiscal Year 2011 -12
appropriations, and by increasing the annual General Fund contribution to our facilities
financing plan to $7.5 million, up from $5.0 million.
The City Manager's Proposed FY 2012 -13 Budget includes funding for 755 full -time and
126.14 full -time equivalent (part -time) positions, a reduction of 8 full -time and an
increase of 2.87 full -time equivalent positions from FY 2011 -12. This is the result of
continued departmental restructuring, realignment of functions, and contracting out.
Three additional position eliminations are being submitted for consideration on the
Budget Checklist: 1) Groundsworker I, 2) Utilities Specialist Water and 3) Utilities
Specialist — Wastewater.
The City Manager is recommending changes to the Proposed Fiscal Year 2012 -13
Budget released on May 3, 2012. These changes are found in the budget checklist. As
stated in City Council Policy F -3, all Council directed changes to the City Manager's
Proposed Budget during this meeting shall be added to the budget checklist. The Mayor
will call for a straw vote on each checklist item during the public meeting. Please find
Resolution 2012 -_: Fiscal Year 2012 -13 Budget Adoption
June 12, 2012
Page 3
Attachment "A" which is an itemized listing of all proposed City Manager budget
checklist items.
This year, the Budget Checklist items are summarized as follows:
Proposed Budget Checklist Summary:
Supplemental Expenditure Budget Requests
CIP RebudgetslChanges
Total FY 12 -13 Budget Checklist
Supplemental Revenue Budget Requests
Total FY 12.13 Budget. Checklist
General
Fund
$ 1,408,984
All Other
Funds
$ 1,023,479
(73,833) 134,292
$ 1,335,151 $ 1,157,771
General
Fund
$ 25,000
$ 25,000
Assignments of Fund Balance for Council Priorities
All Other
Funds
$ 1,453,224
$ 1,453,224
Total All Funds
$ 2,432,463
60,459
$ 2,492,922
Total All Funds
Council Policy F -2 authorizes the City Manager to assign fund balance to be used for
specific purposes that are not already contracted or encumbered. The City is projected
to end FY 2011 -12 with almost $4.4 million in General Fund operational savings. This
Proposed FY 2012 -13 Budget includes a recommendation by the City Manager to
assign this FY 2011 -12 surplus, then allocates these resources to funding our IT
infrastructure and increasing our General Fund budget for CIP (streets, roads). Council
approval is required before any fund balance assignment can be appropriated and
expended during the fiscal year.
Planning Commission Review
On May 3 and June 7, the Planning Commission reviewed the Proposed Fiscal Year
2012 -13 Capital Improvement Program to determine consistency with the General Plan,
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will
not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or
indirectly.
Resolution 2012 -_: Fiscal Year 2012 -13 Budget Adoption
June 12, 2012
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item). The Public Notice for this
item was published in the Daily Pilot on June 2, 2012.
Prepared by:
Submitted by:
Tracy McCr nee DaveAiff
Finance Director City Manaqer
Attachments: A. FY 2012 -13 Budget Checklist
B. Resolution 2012-
ATTACHMENTA
Budget Checklist - Amendments to the Proposed Budget
Fiscal Year 2012.13
Public Works Department
741x- C7002#0 City Hall Interim Use Plan- Remove from Major Facilities Master
Plan Fund $ ,(5001000)
7011- C1002040 City Hall Interim Use Plan - New Amount for General Fund
Recreation
4510 -8000 Irvine Ranch Conservancy Contrail $ 190,550
TOTAL CHANGES TO THE PROPOSED OPERATING BUDGET ' 2,432,463
CHANGESTO' THE ,PROBOSEDBUDGET,AS'PRINTED,' - REVENUE.,- _
Budget
Department/Account Number /Description Increase (Decrease) Approved
TOTAL CHANGES TO THE PROPOSED REVENUE BUDGET S 1,478,224
TOTAL CHANGES TO THE PROPOSED BUDGET BY FUND
General Fund $ 1,433,984
Equipment Maintenance Fund $ 1,793,000
Major Facilities Master Plan Fund $ (500,000)
Lifeguard Headquarters Fund $ (1,350,000)
Tidelands Fund $ 200,000
Budget
Dapartment/Account NumberlDescription
Increase (Decrease) Approved
CHANGES'TO THE PROPOSED BUDGET AS, PRINTER - EXPENDITURES .
City Council
0110-8250
Increased Spacial Even! Funding
$ 12,200_
0110-8250
Balboa Island Historical Society
$ 15,000
Finance
0543.8080c
CPS Contrac! - Parking Lot Meters
$ __36,617)
Library
a002 -8012
__ Programming - Museum 8 Cultural Tours
$ _ 5,000
Public Works Department
741x- C7002#0 City Hall Interim Use Plan- Remove from Major Facilities Master
Plan Fund $ ,(5001000)
7011- C1002040 City Hall Interim Use Plan - New Amount for General Fund
Recreation
4510 -8000 Irvine Ranch Conservancy Contrail $ 190,550
TOTAL CHANGES TO THE PROPOSED OPERATING BUDGET ' 2,432,463
CHANGESTO' THE ,PROBOSEDBUDGET,AS'PRINTED,' - REVENUE.,- _
Budget
Department/Account Number /Description Increase (Decrease) Approved
TOTAL CHANGES TO THE PROPOSED REVENUE BUDGET S 1,478,224
TOTAL CHANGES TO THE PROPOSED BUDGET BY FUND
General Fund $ 1,433,984
Equipment Maintenance Fund $ 1,793,000
Major Facilities Master Plan Fund $ (500,000)
Lifeguard Headquarters Fund $ (1,350,000)
Tidelands Fund $ 200,000
Gas Tax Fund
$
(250,000)
Measure M Fund Turnback Fund
$
(392,224)
Prop I B Transportation Fund
$
1,384,448
Bristol Street Relinquishment Fund
$
327,000
Contributions Fund
$
1.522,000
Water Enterprise Fund
$
(165,568)
Wastewater Enterprise Fund
$
(91,933)
Total Changes to the Proposed Budget ..........................
$
3,910,687
_'CAPITAL IMPRMEMENT- PROGRAM - REBUDGET,S
Budget
Department/Account Number /Description Increase f0ecrease) Approved
Public Works
TOTAL CAPITAL PROJECT REBUDGETS $ 6D,459
CAPITAL IMPROVEMENT PROGRAM REBUDGET BYFUND
General Fund
Tidelands Fund
Measure M Turnback Fund
Measure M Competitive Fund
Water Capital Fund
Master Fatigues Fund
Total CIP Robudgets /Changes
$ (73,833)
$ (102,866)
$ (662,148)
$ (586,758)
$ (36,234)
$ 1,522,298
$ 60,469
Attachment B
RESOLUTION NO. 2012 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADOPTING THE
BUDGET FOR THE 2012 -13 FISCAL YEAR.
WHEREAS, the City Manager of the City of Newport Beach has prepared and
submitted to the City Council a preliminary annual budget for the 2012 -13 Fiscal Year;
WHEREAS, the City Council has reviewed said preliminary budget, determined the
time for the holding of a public hearing thereon, and caused a notice of said hearing to be published not
less than ten (10) days prior thereto in the official newspaper of the City, and copies of the proposed
budget were made available for inspection by the public in the Office of the City Clerk and the Finance
Services Department at least ten (10) days prior to said hearing; and
WHEREAS, the City Council has held a public hearing on said preliminary budget on
June 12, 2012, and has made such revisions in the preliminary budget as it deemed advisable; and
WHEREAS, the City Manager has the authority to approve budget increases not to
exceed $10,000 in any Budget Activity or Capital Project, in accordance with Council Policy F -3
(Budget Adoption and Administration), and
WHEREAS, the City Manager may accept donations or grants of up to $10,000 on
behalf of the City and appropriate the funds for the purpose intended, in accordance with Council
Policy F -3 (Budget Adoption and Administration), and
WHEREAS, all requirements of the City Charter relating to the preparation and
consideration of the annual budget have been complied with.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Newport
Beach that the budget of the City of Newport Beach for the 2012 -13 Fiscal Year as revised by the City
Council via the Budget checklist is hereby adopted. The total approved appropriation of $260,101,781
Attachment B
($241,392,568 with Transfers Out), plus any items on the approved Budget Checklist attached as
Attachment A, has been allocated to the following funds in the amounts hereinafter shown:
Fund
General Fund
Ackerman Fund
CDBG Fund
Asset Seizure Fund
AQMD Fund
SLESF Fund
State Gas Tax Fund
Measure M Fund
Tidelands Fund
Contribution Fund
Circulation Fund -
Building Excise Tax
Environmental Liab.
Newport Annexation
Library Debt Service
Civic Center
Marina Park
Sunset Ridge Park
LG Headquarters
City Hall Reuse
CIOSA Fund
MISC SAH Projects Fund
Insurance Reserve Fund
Retiree Medical Fund
Comp. Absence Fund
IT Strategic Fund
Equipment Fund
Water Fund
Wastewater Fund
Total Appropriations
Operating
Budget
$148,045,685
5,000
325,218
250,000
10,500
100,000
0
0
2,484,738
0
0
0
161,086
1,200,000
10,631,267
7,500
0
0
0
0
137,500
0
5,828,510
6,698,000
1,964,100
5,204,242
4,172,343
18,275,823
3,087,501
$208,589,013
Capital Budget
$4,277,000
0
100,000
0
0
0
5,242,700
6,649,742
1,822,500
2,322,000
168,900
405,000
0
0
0
800,000
6,849,600
9,337,426
1,500,000
500,000
0
1,170,800
0
0
0
0
0
9,680,200
686,900
$51,512,768
Total Budget
$152,322,685
$5,000
$425,218
$250,000
$10,500
$100,000
$5,242,700
$6,649,742
$4,307,238
$2,322,000
$168,900
$405,000
$161,086
$1,200,000
$10,631,267
$807,500
$6,849,600
$9,337,426
$1,500,000
$500,000
$137,500
$1,170,800
$5,828,510
$6,698,000
$1,964,100
$5,204,242
$4,172,343
$27,956,023
$3,774,401
$260,101,781
BE IT FURTHER RESOLVED that a copy of said approved budget, certified by the
City Clerk shall be filed with the persons retained by the City Council to perform auditing functions
for the Council, and a further copy shall be placed, and shall remain on file, in the Office of the City
Clerk where it shall be available for public inspection.
Attachment B
BE IT FURTHER RESOLVED that the budget so certified shall be reproduced and
copies made available for the use of the public and of departments, offices and agencies of the City.
ADOPTED the 12 "s day of June, 2012.
MAYOR
ATTEST:
CITY CLERK
/o;
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DF� �\
C' �1�
\�!FORN/
Fiscal Year 20'12®1 3 Budget Adoption
1 I
Toga -s Budget Pr _�� on. �/ d u u
ORIM
1 1�
L^7
<. f:G..l lIifiF.iA1
C _
Y 2012,43 P_roposed BudgeA Checklist
• May 3, 2012 City Manager's FY 2012 -13 Proposed
Budget $260, 101.731 (all funds)
• Council Policy F -3 " all budget changes will be
added to the Budget Checklist
• May 22, 2012 City Council reviewed the initial
budget check fist
• June 12, 2012 City Council will review changes
subsequent o May 22, 2012, and approve the
checklist
Budget Checklist- reviewed by
City Cou nci l; on 511Zf 01
Project /Program Description:
1) Increase funding for Special Events
2) CPS parking meter contract amendment
3) Reduce City Hall Interim Site Imp. to $100K
4) Streetlight Replacement Program
5) Purchase SCE 20A Credits (worth $2,157,903)
6) Postpone Lifeguard HQ Rehabilitation 1 year
7) Finish Local Coastal Plan — Implementation Plan
Appropriation
$12,200
-$436,617
- $400,000
$150,000
$974,000
- 1,350,000
8) Bayside Cove Public Walkway (Bal Island Access)
9) Eastbluff Bicycle Lane @ Jamboree Rd. (grant match)
10) Eastbluff Bicycle Lane @ Jamboree Rd. (grant)
11) Newport Coast Drive Monument Signs
12) Old Newport Blvd. Streetscape
$75,000
$40,000
$35,500
$236,000
$50,000
$50,000
Revenue
$236,000
udg et Chef li t® revieweed by
City Council on 5/22/2012
Project /Program Description: Appropriation
1) Bristol St. S. Median Landscaping
(grant match) $1257000
2) Bristol St. S. median Landscaping (grant)
Revenue
$375,000 $375,000
$265,000
4) CdM Entry Improvements (design /BID $2510) $25,000
Blue denotes Neighborhood Revitalization project
$25,000
Budget C _he,ck st items re u r n g City
ounci'I rew-ewtonight
Project /Program Description: Appropriation Revenue
1) Balboa Island Historical Society $15,000
2) Arts Commission — Museum Tour $5,000
3) Eliminate 3 MOD positions - $249,170
4) Purchase 3 Fire vehicles (restricted reserves) $1,793,000
5) Delete irrigation project - $90,000
6) Irvine Ranch Conservancy (transfer from PW to RSS) $5,550 **
7)
Increase Bay
Beach Sand Mgmt. CIP
$200,000
8)
Major Arterial
Street Repair (Restricted Reserves)
$327,000
9)
Newport Blvd
& 32nd Street Modification
$50,000
10)
Balboa Blvd.
Channel Road (Change Prop 1 B fund)
$692,000 $692,000
11)
Balboa Blvd.
Channel Road (transfer to Prop 1 B)
- $692,000
12)
Park Avenue
Over Grand Canal Bridge (design)
$150,000 $150,000
** difference = CP1 adjustment per contract
Budget with Checkl 'stA Items
• CIP Rebudgets are requests to close out / carryover CIP
project budgets net 60 459 "all funds,,
• Total Expenditure Budget $262,594,703 (includes fund
balance reserves built up in previous years for long -term CIP projects)
• Total Revenue Budget $23776951240
FY 2012 -13 Proposed Budget & Checklist
General
All Other
Fund
Funds
Total All Funds
Proposed Operating &. CIP Budget
$
152,322,685
$
107,779,096
$ 260,101,781
Supplemental Expenditure Budget Requests
1,408,984
1,023,479
2,432,463
CIP Rebudgets /Changes
(73,833)
134,292
60,459
Total FY 2012 -13 Expenditure Budget & Checklist
$
153,657,836
$
108,936,867
$ 262,594,703
General
All Other
Fund
Funds
Total All Funds
Proposed Revenue Budget
$
155,801,396
$
80,415,620
$ 236,217,016
Supplemental Revenue Budget Requests
25,000
1,453,224
1,478,224
Total FY 12-13 Revenue Budget Checklist
$
155,826,396
$
81,868,844
$ 237,695,240
- -- __ — -J
C u 10
IFY 2012-13 Budget remains balance
Checklist Items were funded by: I
• Re- prioritizing CIP projects
• Restricted Fund Reserves
• New revenue (grants and state reimbursements)
■ Net reduction of 11 full time positions
Recomm-endat-ions
■ Hold public Hearing
■ Approve Checklist Items
■ Approved Checklist Items will become part of Final Budget
Approve Resolution adopting the City Manager
Proposed Budget & approved Checklist items
1
r
`4;, ��� rl,r lY 4 '� \J/ 4 l V 1 ��'��' 1/� �.i �� �:�1 { �'i � , � � J l ®� \�� l.% ��_1 �.,1 i •. � Win. ��
;� 1 i
LEGAL NOTICE
NOTICE IS HEREBY GIVEN THAT the City Council of the City of Newport Beach will hold
a public hearing regarding Preliminary Budget for the 2012 -13 Fiscal Year, pursuant to Section
1102 of the Newport Beach City Charter.
NOTICE IS HEREBY GIVEN THAT said public hearing will be held on the 12'4 day of June,
2012, at the hour of 7:00 p.m. in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, CA 92663, at which time and place interested persons may appear and be heard
thereon.
TOTAL BUDGET ALL FUNDS - INCLUDING CAPITAL IMPROVEMENTS:
Salaries and Benefits $125,378,498
Maintenance and Operations 68,081,362
Capital Outlay 3,000,901
Capital Improvements 51,512,768
Debt Service 12,128,252
Total Budget 5260,101,781
For questions please contact Tracy McCraner, Finance Director, at (949) 644 -3127 or
tmccraner(@newnortbeachca.eov.
r
Leilani IYrown, Ci y 6erk
City of Newport Beach
PROOF OF RAC` =;�, H)
STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE )
I am a citizen of the United States and a
resident of the County of Los Angeles; I uGAfN_ontE
`7 g NOTICE IS' 'HEREBY
am over the ears and GIVEN THAT the city
age of eighteen
9 9 Y Council
, of the city of
not a art to or interested in the notice Newport Beach will hold
P Y
0 Publichearingregard-
ublished. I am a principal clerk of the ing Preliminary Budget
P P P for the 2012 =13 Fiscal
noNew-
NEWPORT BEACH /COSTA MESA Year. 1102sof the
port Beech City
DAILY PILOT, which was adjudged a Charter.
newspaper of general circulation on NOTICE IS HEREBY GIVEN THAT said pub-1
September 29, 1961, case A6214, and He heating will be held
the 12th day
on of
June 11, 1963, case A24831, for the Juno, . 2012, at the
hour -of 7:00 p.m. in
City f Costa Mesa, Count of Orange, Ch City' Hail Council
Y Y 9 chambers 3 w-
port Boulevard, chC Now -
hl
and the State of California. Attached to port Roach, CA 94663,
at which time and place
this Affidavit is a true and complete copy interested persons may
as was printed and published on the appear and be heard thereon.
TOTAL BUDGET ALL
following date(s): FUNDS - INCLUDING
C.APITAL IM -
PROVEMENTS:
Saturday, June 2, 2012 Salaries and Bene.
fits $125,378,498
Maintenance and Oper-
ations 68,081,362
Capital Outlay
3,000,901
I certify (or declare) under penalty of capital I ,7 -
pprao p I 51,512,768
perjury that the foregoing is true and T oft once. 8,128a 2
apt $zfQI0I 7B,
correct. For questions please
contact Tracy McCraner,
Finance Director, at
'(949) 644 -3127 or
t c c anarLa)
o mgom
Executed on June 7, 2012 Leila@Browq City Clerk
at Los Angeles, California City of Newport Beach
Signature