HomeMy WebLinkAboutC-3877(A) - Grant Agreement for Special Event Support Program FY 06-07, FY 07-08 - Resturant WeekGRANT AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND
NEWPORT BEACH RESTAURANT ASSOCIATION
This Agreement, entered into this A day of nth �t r , 2007 by and between
the CITY OF NEWPORT BEACH, a California municipal corporation ( "City "), and the Newport
Beach Restaurant Association, a California corporation (GRANTEE), is made with reference to
the following:
RECITALS
WHEREAS, the City is a municipal corporation and charter city committed to preserving the
health, welfare and safety of its citizens.
WHEREAS, GRANTEE is a California non - profit public corporation exempt from federal
taxation pursuant to section 501(c)(3) of the Internal Revenue Code; and,
WHEREAS, GRANTEE has requested a grant from the City to assist in marketing and
operational expenses related to the development of the Second Annual Newport Beach Restaurant
Week which will take place Sunday, January 20, 2008, through Thursday, January 24, 2008, and
will offer a city -wide dining campaign offering special three - course prix fixe meals at participating
Newport Beach restaurants.
WHEREAS, the City has approved a grant in the amount of Fifty Thousand Dollars and
No Cents ($50,000.00) (GRANT OR GRANT FUNDS) to GRANTEE with the understanding and
GRANTEE'S agreement that the GRANT FUNDS will: (a) be expended solely for the purpose of
activities related to the marketing and operation of the Second Annual Newport Beach Restaurant
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Week (APPROVED USE); and (b) be expended during the fiscal year July 1, 2007 through June
30, 2008 (SPENDING PERIOD).
WHEREAS, the City Council has determined that the GRANT is in the public interest and
for the benefit of the citizens of Newport Beach because the use of GRANT FUNDS for the
APPROVED USE will help provide information regarding current events and other matters of
interest to the citizens of the City of Newport Beach.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
CITY agrees to pay to GRANTEE the GRANT amount of Fifty Thousand Dollars and No
Cents ($50,000.00) in one installment payment within thirty (30) days of the execution of
this Agreement. The GRANT shall be used solely by GRANTEE for the APPROVED USE
and for no other use and shall be fully expended for the APPROVED USE with the
SPENDING PERIOD. The balance of unused GRANT FUNDS shall be returned to the City
within sixty (60) days after expiration of this Agreement. The City may approve an extension
to the SPENDING PERIOD if GRANTEE requests in writing and provides program budget
detail, which may include establishment of a reasonable reserve.
2. TERM
The term of this Agreement shall commence on the date first written above (the
EFFECTIVE DATE) and shall continue in full force and effect until terminated by the City or
until June 30, 2008, whichever occurs first.
3. RESTRICTIONS ON USE OF FUNDS
(a) GRANTEE warrants to City that the GRANT FUNDS will be spent solely for the
APPROVED USE; and
(b) The GRANT shall be used by GRANTEE for the APPROVED USE during the
SPENDING PERIOD or the money shall be returned to City, as described in Section
5 below.
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4. REPORTING AND ACCOUNTING REQUIRMENTS
(a) At all times during the term if this Agreement, GRANTEE shall maintain true, proper,
and complete books, records, and accounts (collectively called "Books and
Records ") in which shall be entered fully and accurately all transactions taken with
respect to the operation of GRANTEE and the expenditure of the GRANT FUNDS.
GRANTEE shall maintain the books and records in accordance with Generally
Accepted Accounting Principles, and allow the City to conduct an audit of the
financial records upon reasonable notice at any times within four (4) years after
expiration or termination of this Agreement.
(b) GRANTEE shall, on a quarterly basis during the term of this Agreement, furnish the
City with a Statement of Activities describing the receipt and disbursement activities
of GRANTEE. With this report, GRANTEE shall include quarterly check registers
and descriptions of each disbursement, as well as budget -to- actual- results.
GRANTEE shall also provide, on a quarterly basis, a Statement of Position
describing the assets and liabilities of GRANTEE. All quarterly reports shall be due
to the City no later than forty -five (45) days following the end of the reporting
quarter. 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.
(c) GRANTEE agrees to exercise prudent financial management processes including
proper oversight of all assets, budget preparation, and timely reporting including
budget -to- actual- comparisons.
(d) All Activities 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.
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5. USE OF THE MONEY
The GRANT FUNDS shall be used solely by GRANTEE for the APPROVED USE and for
no other use. In the event that the GRANT FUNDS are not used for the APPROVED USE
by or before June 30, 2008, GRANTEE shall notify the City in writing, and shall be obligated
to return the funds within sixty (60) days.
6. INDEMNIFICATION
GRANTEE shall hold harmless, defend and indemnify the City, and its elected and
appointed officers, boards, officers, employees, agents, and volunteers (INDEMNIFIED
PARTIES) from any claim, loss, litigation, or liability arising out of or in any way related to
this Agreement regardless of the cause, except for any liability arising from the sole
negligence, fraud or willful misconduct of the INDEMNIFIED PARTIES.
7. GRANTEEINDEPENDENCE
In the performance of this Agreement, the GRANTEE, and the agents and employees of
GRANTEE, shall act in an independent capacity and not as officers or employees or agents
of the City.
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 consent of City
shall be null and void.
9. NOTICES
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.
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0 •
All notices, demands, requests or approvals from GRANTEE to City shall be
addressed to the City at:
City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3000
All notices, demands, requests or approvals from City to GRANTEE shall be
Newport Beach Restaurant Assn.
c/o Scott Palmer, BID Administrator
2816 E. Coast Highway, Suite A
Corona del Mar, CA 92625
(949) 929 -7995
(949) 721 -6821 fax
TERMINATION
Newport Beach Restaurant Assn.
c/o California Marketing Concepts
Attn: Peggy Fort, President & CEO
1550 Bayside Dr.
Corona del Mar, CA 92665
(949) 675 -0501
(949) 675 -0508 fax
(a) 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. This Agreement is made on an
annual basis, and as such is subject to non - renewal at its termination.
(b) 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.
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.
12. 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.
13. 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.
14. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
GRANTEE and the City and approved as to form by the City Attorney.
15. 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.
16. 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.
17. EQUAL OPPORTUNITY EMPLOYMENT
GRANTEE represents that it is an equal opportunity employer and it shall not discriminate
against any subcontractor, employee or applicant for employment because of race, religion,
color, national origin, handicap, ancestry, sex or age.
18. 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.
IN WITNESS WHEREOF, the City and GRANTEE have executed this Agreement as of the date
first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
V
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH:
%nfli ipa1 oration
Steven Rosans y, May
for the City of Newport e ch
NEWPORT BEACH RESTAURANT
ASSOCIATION:
By: jh't
, 0a, �/ ou
(Corporate Officer)
Title :(P_�,tA,, -/Yyt
Print Name:.; 1F`ORj,L)
I
�
-fAm
By:
(Finan 'al Officer)
Title: ' f 1t
�U'4
Print Name:
7
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 24
June 26, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director (949) 644 -3123
ddanner@city.newport-beach.ca.us
SUBJECT: 2007 -08 BUDGET ADOPTION
RECOMMENDATION:
It is recommended that the City Council: (1) straw vote the items included on the
Budget Checklist and determine by individual vote if the Checklist items should be
included in the 2007 -08 Budget, and (2) approve the Resolution adopting the City's
2007 -08 Budget, as amended by any approved Budget Checklist items.
DISCUSSION:
As provided in City Council Policy F -3 titled Budget Adoption and Administration, the
City Council reviews the new fiscal year's proposed City Budget through study sessions
and public hearings. In part, Council Policy F -3 states: "All proposed Council changes in
the City Manager's proposed budget shall be added to a budget checklist. Subsequent
to Council review and prior to its final adoption, the City Manager shall provide each
Council Member with an itemized list of all proposed changes to permit a roll call vote
by the City Council on each item during a Council meeting." Please find attached a
summary sheet of the proposed Budget Checklist items.
This year, Budget Checklist items total $4,586,786, broken down as follows
Supplemental Requests $ 1,521,102
Capital Improvement Program Re- budget 3,065,684
Total Budget Checklist items 4.586.786
The General Fund will be able to fund the items on the Budget Checklist should it be
approved.
Upon completion of the Budget Checklist review and roll call votes on each item, a
Resolution must be adopted by the City Council adopting the 2007 -08 Budget as
amended through the Budget Checklist actions.
2007 -08 Budget Adoption
June 26, 2007
Page 2
Submitted by:
Dennis C. Danner
Administrative Services Director
RESOLUTION NO. 2007 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING THE BUDGET FOR THE 2007-
08 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 2007 -08 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
Administrative 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, 2007, 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 2007 -08 Fiscal Year as revised by the City
Council via the Budget checklist is hereby adopted. The total approved appropriation of $208,924,710
($215,290,215 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:
Total Budget
Operating
Interfund
with Transfers
Fund
Budget
Capital Budget
Total Budget
Transfers Out
Out
General Fund
$132,479,313
$8,808,950
$141,288,263
$567,780
$141,856,043
Ackerman Fund
24,400
0
24,400
0
24,400
CDBG Fund
322,482
109,500
431,982
15,450
447,432
AQMD Fund
26,415
0
26,415
0
26,415
NAF Fund
78,697
0
78,697
0
78,697
SLESF - Cops Fund
120,000
0
120,000
0
120,000
State Gas Tax Fund
0
4,113,900
4,113,900
160,000
4,273,900
Traffic Cong. Relief
0
176,000
176,000
0
176,000
Measure M Fund
0
3,593,285
3,593,285
0
3,593,285
Transportation Efficiency
0
0
0
0
0
AHRP Fund
0
653,000
653,000
0
653,000
Tidelands Fund
2,768,489
2,354,000
5,122,489
3,742,275
8,864,764
Contribution Fund
0
3,316,900
3,316,900
0
3,316,900
Circulation Fund
0
1,273,400
1,273,400
230,000
1,503,400
Building Excise Tax
0
340,100
340,100
0
340,100
Environmental Liab.
90,000
635,000
725,000
0
725,000
Oil Spill Remediation Fund
0
0
0
0
0
Newport Annexation
1,200,000
0
1,200,000
1,400,000
2,600,000
Library Debt Service
569,730
0
569,730
0
569,730
CIOSA Fund
270,000
1,078,500
1,348,500
0
1,348,500
Bonita Canyon Dev.
0
0
0
0
0
Mariners Library
0
0
0
0
0
Fire Station 97
0
0
0
0
0
Back Bay Science Center
0
0
0
0
0
SAH Community Center
0
0
0
0
0
Misc. SAH Projects Fund
0
7,840,600
7,840,600
0
7,840,600
Newport Bay Dredging
0
0
0
0
0
Insurance Reserve Fund
5,446,500
0
5,446,500
0
5,446,500
Retiree Medical Fund
3,133,000
0
3,133,000
0
3,133,000
Comp. Absence Fund
1,206,000
0
1,206,000
0
1,206,000
Equipment Fund
4,517,888
0
4,517,888
250,000
4,767,888
Water Fund
16,715,772
2,039,000
18,754,772
0
18,754,772
Wastewater Fund
2,639,889
984,000
3,623,889
0
3,623,889
Total Appropriations
$171,608,575
$37,316,135
$208,924,710
$6,365,505
$215,290,215
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.
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 26th day of June, 2007.
MAYOR
ATTEST:
CITY CLERK
Budget Checklist Items
Fiscal Year 2007 -08
City Council
Amount
Crystal Cove Alliance - Assistance with the restoration
and rehab of the Outdoor Educational Commons. and "The
0110 -8250 Beaches' cottage. $ 75,000
0110 -8250 Newport Beach Restaurant Association - Second year
soonsorshio of Restaurant Week. $ 50,000
Film Festival - Requesting an additional $25,000 for a total
Administrative Services Department
0611 -8080 Performance /Benchmarking Preliminary Study S 35,000
Planning_Department
2710 -8080
Miscellaneous services including CEQA consultants,
7011- C5100907
acoustical advisors, etc.
$
20,000
Fire Department
Sidewalk, Curb, Gutter Repavement
$
70,600
2320- various accts
Three Firefighter positions to provide 4th person
$
327,602
7013- C5200932
on Truck 62
$
58,500
7017 - 02320###
Tsunami Warning System
$
200,000
TOTAL SUPPLEMENTAL BUDGET ITEMS $ 1,521,102
Public Works
7011- C5100907
General Fund - Little Corona Restroom Design
$
(3,800)
7013- C5100020
Sidewalk, Curb, Gutter Repavement
$
70,600
7013- C5100738
Via Lido Criv Wall Replacement
$
79;200
7013- C5200932
Coast Hwy Median Improvement - Phase 2
$
410,500
7013 - 05300035
Street Light Replacement Program
$
353,500
7014 - 6270081.3
General Fund - City Wide Wayfinding Project
$
(80,000)
7014- C3140789
Newport Coast Drive Monument Signage
$
32,500
7014 - 05100912
Newport Coast Watershed Program
$
3,000
7015- C5100817
General Fund - Mariners Library Park Improvements
$
(28,800)
7015 - 05100909
Mariners Park Restroom /Storage Building
$
26,000
7017- C1820980
Beach Camera Monitoring System
$
154,400
7017-C2310###
Fire Station Early Notification
$
(20,000)
7017- C2310520
Fire Facilities Management System
$
7,200
7017- C2310911
Mobile Data Computer Replacement -Fire
$
7,680
7019- CIB20918
Police Facility Generator Replacement
$
1,165
7019- C5100977
Newport Coast Community Center - FF &E
$
253,200
7028- C5100828
Newport Shores SrI End - Phase II
$
15,500
7181.C5100302
Street/Bikeway Improvement
$
176,000
7181 - 05100870
Superior Ave Median Improvement
$
376,600
7181 - 65200407
Misc Channelization/Traffic Safety Improvement
$
(100,800)
7181 - 65200737
Newport Blvd Right Turn Lane@ Hospital
$
5,300
7231- CO310929
Upper Bay /Harbor Area Management
S
2,700
7231- C2371834
American Legion Dock Repair
$
15,000
7231- C2373771.
Balboa Yacht Basin Sec System.
S
33,300
Attachment A
One time
One time
On -going
One time
Onetime
One time
Onetime
On -going
One time
One time
On -going
On- going
One -lime
One -time
Budget Checklist Items
Fiscal Year 2007 -08
Department /Account. Number /Description
Amount Approved
7231- C5100709
Tidelands Fund - Big Canyon Creek Restoration
S
(8,650)
7231- C5100835
Balboa Island Bulkhead Coping
$
160,700
7231- C5100837
Rive Alto Bulkhead Coping Repair
$
108,000
7231- C5100887
26th St Tidal Structure /Bulkhead
$
250,000
7231- C5100890
Areas of Biological Significance - Implementation
$
16,300
7231- C5400053
Oil Field Improvement Program
$
3,400
7251- C2371834
American Legion Dock Repair
$
65,000
7251 - 04120908
Mariners Park Playground Replacement
$
3,071
7251- C4310708
ADA Parks Grant
$
89,977
7251- C4310885
Mariners & Peninsula Parks
$
10,522
7251- C5100817
Mariners Park Improvements
S
4,905
7251- C5100870
Superior Ave Median Improvement
S
200,000
7255- CO310929
Upper Bay /Harbor Area Management
$
12,870
7255- C2370902
Eelgrass Study
$
250,000
7255 - 05100659
Buck Gully Restoration
$
2,300
7255- C5100889
Areas of Biological Significance - Assessment
$
2,299
7255- C5100912
Newport Coast Watershed Program
$
55,000
7255- C5100969
CALFED Grant Project
$
42,100
7261- C2700813
Trans & Circ Fund - City Wide Wayfinding Project
S
(122,700)
7261- C5100854
Trans & Circ Fund - Dover Drive
$
(5,455)
7261- C5200068
Traffic Signal Installation /Upgrade
$
151,800
7261- C5200699
Traffic Signal Coordination Improvement
$
335,000
7261- C5200852
Signal System Improvement Funds
$
59,400
7271- C2320920
Replacement of Holmatro Tool
$
13,700
7284- C5200852
Signal System Improvement Funds
S
136,000
7292- C5100735
Environ Liab Fund - Nport Terrace Landfill Gas Remedialion
$
(635,000)
7295- C51.00566
Ocean Safely Operation /Rescue Boat
S
81000
7531- C5600292
Sewer Main Master Plan Improvement
S
50;000
7531 - 05600934
Wastewater Master Plan
$
17,200
TOTAL CAPITAL PROJECT REBUDGETSICHANGES $ 3,065,684
SUMMARY BY TYPE OF REQUEST
Supplemental Requests
Capital Improvement Program Re- Budget
TOTAL CHECKLISTITEMS
SUPPLEMENTAL REQUESTS BYFUND
General Fund
Total Supplemental Requests
CAPITAL IMPROVEMENT PROGRAM RESBUDGET /CHANGES BYFUND
General Fund
Gas Tax
Tidelands Fund
Contribution Fund
Contribution Fund - Environmental Grants
Circulation & Transportation Fund
Building Excise Tax
Measure M - Turnback
Oil Spill Remediation
Environmental Liability
Wastewater Fund
Total Capital Improvement Program Rebudgets /Changes
, -
Budget Checklist Items
Fiscal Year 2007 -08
Department/Account Number /Description Amount Approved
SUMMARY BY FUND TOTAL. CHECKLIST ITEMS
General Fund
Gas Tax
Tidelands Fund
Contribution Fund
Contribution Fund - Environmental Grants
Circulation & Transportation Fund
Building Excise Tax Fund
Measure M - Turnback
Oil Spill Remediation Fund
Environmental Liability
Wastewater Fund
TOTAL CHECKLIST ITEMS
Budget Checklist Items
Fiscal Year 2007 -08
Amount Approved
City Council
0110 -8250 Newport Beach Restaurant Association - Second year
sponsorship of Restaurant Week. $ 50,000
Film Festival - Requesting . an additional $25,000 for a total
$70,000 project. Parents have raised the $50,000. $ 20,000
7015- C5100#p# Physical improvements at Back Bay View Park $ 300,000
City _A
Administrative Services Department
0611 -8080 Performance /Benchmarking Preliminary Study S 75,000
Planning Department
2710 -8080 Miscellaneous services including CEQA consultants,
acoustical advisors. etc. $ 20.000
Fire Department
2320 - various accts Three firefighter positions to provide 4th person
$
327,602
on Truck 62
$
58,500
_7017- C2320#4# Tsunami Warning System
$
200,000
TOTAL SUPPLEMENTAL BUDGET ITEMS
$
1,816,102
Public Works
7011- C5100907
General Fund - Little Corona Restroom Design
$.
(3,800)
7013- C5100020
Sidewalk, Curb, Gutter Repavement
$
70.600
7013- C5100738
Via Lido Criv Wall Replacement
$.
79,200
7013- C5200932
Coast Hwy Median Improvement - Phase 2
S
410,500
701.3- C5300035
Street Light Replacement Program
$
353,500
7014- C2700813
General Fund - City Wide Wayfinding Project
$
(80,000)
7014- C3140789
Newport Coast Drive Monument Signage
$
32,500
7014- C5100912.
Newport Coast Watershed Program
$
3,000
7015- C5100817
General Fund - Mariners Library Park Improvements
$
(28,800)
7015- C5100909
Mariners Park Restroom /Storage Building
$
26,000
7017- C1820980
Beach Camera Monitoring System
$
154,400
7017- C2310###
Fire Station Early Notification
$
(20,000)
7017- C2310620
Fire Facilities Management System
$
7,200
7017 - 02310911
Mobile Data Computer Replacement -Fire
S
7,680
7019- C1820918
Police Facility Generator Replacement
$
1,165
7019- C5100977
Newport Coast Community Center - FF &E
$
253,200
7028- C5100828
Newport Shores Sri End - Phase II
$
15,500
7181- C5100302
Street/Bikeway Improvement
$
176,000
7181- C5100870
Superior Ave Median Improvement
$
376,600
7181- C5200407
Misc Channelization/Traffc Safety Improvement
$
(100;800)
7181 - 05200737
Newport Blvd Right Turn Lane @ Hospital
$
5,300
7231- CO310929
Upper Bay /Harbor Area Management
$
2,700
7231- C2371834
American Legion Dock Repair
$
15,000
7231- C2373771
Balboa Yacht Basin Sec System
$
33,300
One time
On- going
One time
One time
Onetime
Onetime
Ongoing
One Time
One time
One time
One time
One time
On -going
On- going
One -time
One -time
GRANT AGREEMENT BETWEEN
THE CITY OF NEWPORT BEACH AND THE
NEWPORT BEACH RESTAURANT ASSOCIATION
This Agreement, entered into this day of July, 2006 by and between the CITY OF
NEWPORT BEACH, a California municipal corporation ( "City "), and the Newport Beach
Restaurant Association, a Business Improvement District (Grantee), is made with reference to
the following:
RECITALS
WHEREAS, the City is a municipal corporation and charter city committed to preserving the
health, welfare and safety of its citizens.
WHEREAS, the Newport Beach Restaurant Association has requested a Grant from the
City to assist in marketing and operational expenses related to the development of the First Annual
Newport Beach Restaurant Week which will take place Sunday, January 21, 2007, through
Thursday, January 25, 2007, and will offer an inaugural city -wide dining campaign offering special
three- course prix fixe meals at participating Newport Beach restaurants.
WHEREAS, the City desires to give the Newport Beach Restaurant Association a grant in
the amount of Fifty Thousand Dollars $50,000.00) hereinafter referred to as the "Grant."
WHEREAS, the City has approved this Grant to the Newport Beach Restaurant Association
with the understanding and the Newport Beach Restaurant Association's agreement that the Grant
funds will: (a) be expended solely for the purpose of marketing and operational expenses related to
the First Annual Restaurant Week, and (b) be expended during the fiscal year July 1, 2006 through
1
0
June 30, 2007 (SPENDING PERIOD). (The Newport Beach Restaurant Association expenditure
conditions in (a) and (b) are collectively defined as the "Approved Use ").
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
CITY agrees to Grant to the Newport Beach Restaurant Association the sum of Fifty
Thousand Dollars ($50,000). The grant funds shall be paid as follows: one installment of
fifty thousand dollars ($50,000) shall be paid within thirty days of receipt of the Operating
Budget for the 2006 -2007 SPENDING PERIOD. The Grant Funds shall be used solely by
the Newport Beach Restaurant Association for the Approved Use and for no other use. The
balance of unused Grant Funds shall be returned to the City on written demand served
within sixty (60) days after expiration of this Agreement. The City may approve an extension
to the SPENDING PERIOD if the Newport Beach Restaurant Association requests in writing
and provides program budget detail, which may include establishment of a reasonable
reserve.
2. TERM
The term of this Agreement shall commence on July 1, 2006 (the Effective Date) and shall
continue in full force and effect until terminated by the City or until June 30, 2007,
whichever occurs first.
3. RESTRICTIONS ON USE OF FUNDS
(a) The Newport Beach Restaurant Association warrants to City that the Grant Funds
will be spent solely for the Approved Use; and
(b) The Grant shall be used by the Newport Beach Restaurant Association for the
Approved Use by June 30, 2007, or the money shall be returned to City, as
described in Section 5 below.
4. REPORTING AND ACCOUNTING REQUIRMENTS
2
0 0
(a) At all times during the term if this Agreement, the Newport Beach Restaurant
Association shall maintain true, proper, and complete books, records, and accounts
(collectively called "Books and Records ") in which shall be entered fully and
accurately all transactions taken with respect to the operation of the Newport Beach
Restaurant Association. The Newport Beach Restaurant Association shall maintain
the books and records in accordance with Generally Accepted Accounting
Principles, and allow the City to conduct an audit of the financial records upon
reasonable notice at any times within four (4) years after expiration or termination of
this Agreement.
(b) The Newport Beach Restaurant Association shall, on a quarterly basis during the
term of this Agreement, furnish the City with a Statement of Activities describing the
receipt and disbursement activities of the Newport Beach Restaurant Association.
With this report, the Newport Beach Restaurant Association shall include quarterly
check registers and descriptions of each disbursement, as well as budget-to-actual -
results. The Newport Beach Restaurant Association shall also provide, on a
quarterly basis, a Statement of Position describing the assets and liabilities of the
Newport. Beach Restaurant Association. All quarterly reports shall be due to the
City no later than forty -five (45) days following the end of the reporting quarter. In
the event that an independent audit is conducted, the Newport Beach Restaurant
Association 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.
(c) The Newport Beach Restaurant Association agrees to exercise prudent financial
management processes including proper oversight of all assets, budget preparation,
and timely reporting including budget -to- actual- comparisons.
(d) All Activities shall be performed by the Newport Beach Restaurant Association or
under the Newport Beach Restaurant Association's supervision. The Newport
Beach Restaurant Association 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.
3
0
5. USE OF THE MONEY
0
The Grant Funds shall be used solely by the Newport Beach Restaurant Association for the
Approved Use and for no other use. In the event that the Grant Funds are not used for the
Approved Use by or before June 30, 2007, the Newport Beach Restaurant Association is
obligated to notify the City in writing, and shall be obligated to return the funds within sixty
(60) days upon written demand by City.
6. INDEMNIFICATION
The Newport Beach Restaurant Association shall hold harmless, defend and indemnify the
City, and its officers and employees, from any claim, loss, litigation, or liability arising out of
or in any way related to this Agreement regardless of the cause, except for any liability
arising from the sole negligence, fraud or willful misconduct of the City or its officers or
employees.
7. GRANTEEINDEPENDENCE
In the performance of this Agreement, the Newport Beach Restaurant Association, and the
agents and employees of the Newport Beach Restaurant Association, shall act in an
independent capacity and not as officers or employees or agents of the City.
8. PROHIBITION AGAINST TRANSFERS
The Newport Beach Restaurant Association 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 consent of City shall be null and void.
9. NOTICES
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.
12
0 0
All notices, demands, requests or approvals from the Newport Beach Restaurant
Association to City shall be addressed to the City at:
City Manager
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA 92658 -8915
(949) 644 -3000
All notices, demands, requests or approvals from City to the Newport Beach Restaurant
Association shall be addressed to the Newport Beach Restaurant Association at:
Dan Marcheano, President
Newport Beach Restaurant Association
c/o BID Systems Inc.
2816 East Coast Highway, Suite A
Corona del Mar, CA 92625
(949) 929 -7995
10. TERMINATION
(a) Termination for Cause. The Newport Beach Restaurant Association shall be in
default if the Newport Beach Restaurant Association 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 the Newport Beach
Restaurant Association, thirty (30) days written notice to cure, if the default can be cured
and City shall be entitled to terminate this Agreement if the Newport Beach Restaurant
Association 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. This Agreement is made on an annual basis, and as such is subject to
non - renewal at its termination.
(b) Specific Performance. The Newport Beach Restaurant Association agrees that the
City has the legal right, and all necessary conditions have been satisfied, to specifically
enforce the Newport Beach Restaurant Association's obligations pursuant to this
Agreement.
5
0
11. WAIVER
L
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.
12. 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.
13. 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.
14. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services or any other attachments attached hereto, the terms of this Agreement
shall govern.
15. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both
the Newport Beach Restaurant Association and the City and approved as to form by the
City Attorney.
16. 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.
17. 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.
18. EQUAL OPPORTUNITY EMPLOYMENT
The Newport Beach Restaurant Association represents that it is an equal opportunity
employer and it shall not discriminate against any subcontractor, employee or applicant for
employment because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the City and the Newport Beach Restaurant Association have executed
this Agreement as of the date first above written.
APPROVED AS TO FORM:
C'L�'_ (—fcL��
c
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH:
A Municipal�Co/rp�or i n
1110
n Webb, Mayor
for the City of Newport Beach
NEWPORT BEACH RESTAURANT
ASSOCIATION
By:
Tit
Pri
By
Titl
Print Name:2%'��
7
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 35
June 27, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director (949) 644 -3123
ddanner @city.newport- beach.ca.us
SUBJECT: 2006 -07 BUDGET ADOPTION
RECOMMENDATION:
It is recommended that the City Council: (1) straw vote the items included on the
Budget Checklist and determine by individual vote if the Checklist items should be
included in the 2006 -07 Budget, and (2) approve the Resolution adopting the City's
2006 -07 Budget, as amended by any approved Budget Checklist items.
DISCUSSION:
As provided in City Council Policy F -3 titled Budget Adoption and Administration, the
City Council reviews the new fiscal years proposed City Budget through study sessions
and public hearings. In part, Council Policy F -3 states: "All proposed Council changes in
the City Manager's proposed budget shall be added to a budget checklist. Subsequent
to Council review and prior to its final adoption, the City Manager shall provide each
Council Member with an itemized list of all proposed changes to permit a roll call vote
by the City Council on each item during the budget hearing at the regular Council
meeting." Please find attached a summary sheet of the proposed Budget Checklist
items.
This year, Budget Checklist items total - $71,996, broken down as follows:
Supplemental Requests $ 2,598,560
Capital Improvement Program Re- budget - 2,670,556
Total Budget Checklist items $ 71,996
The General Fund will be able to fund the items on the Budget Checklist should it be
approved.
2006 -07 Budget Adoption
June 27, 2006
Page 2
Upon completion of the Budget Checklist review and roll call votes on each item, a
Resolution must be adopted by the City Council adopting the 2006 -07 Budget as
amended through the Budget Checklist actions.
Submitted by:
Dennis C. Danner
Administrative Services Director
Budget Checklist Items
Fiscal Year 2006 -07
Department(Account Number /Description Amount Approved
Citv Council
4410 -8080 Conceptual Plan for OASIS Senior Center. (Request from
Administrative Services
0640 -8080 Cost of Services Fee
Fire Department
2356 -8050 Disaster preparedness mailing $ 28,000
Police Department
1820 -7' Add'I position, Facilities Maintenance Worker, expense
shared by ABLE $ 650
Public Works Department
7011- C4120806 CYC Rehabilitation - Building Code Compliance
Second year of three -year commitment. $
75.000
0110 -8250
Conference for Women - Second year. $
10,000
0110 -8250
Balboa Island Historical Society - Six year, third year at
163,260
7501- C5500386 Water Trans Main Master Plan Improvement
$15.000. $
15,000
0110 -8250
Balboa Island Improvement Association - Flowers &
322,710
7531- C5600### Wastewater Master Plan
holiday decorations /storage. $
11,250
0110 -8250
Corona del Mar Chamber of Commerce - Additional CdM
2,598,560
5K sponsorship - Third year at $5,000. $
5,000
0110-8250
Corona del Mar Chamber of Commerce - Sponsorship of
Christmas Walk - Fourth year at $10,000. $
10,000
0110 -8250
Leadership Tomorrow sponsorship - Third year at $10,000
per year. $
10.000
0110 -8250
Michaels Media - production of Your Newport Today -
Last year at $9,100 $
9,900
0110 -8250
Newport Beach Film Festival - Additional $10,000 of
funding for a total of $85,000. NBCVB contributing
$15,000. $
10,000
0110 -8250
Lexus Newport to Ensenada Yacht Race sponsorship -
Third year, last year increased from $10.000 to $15,000 $
15,000_
0110 -8250
Newport Beach Restaurant Association sponorship of the
First Annual NB Restaurant Week. Last year funding at
$35,000 for marketing /re- branding campaign. Total
Restaurant Week $50,000, but NBCVB contributing
$30,000. $
20,000
0110 -8250
Marine Avenue Sidewalk Cleaning
$ 13,500
4410 -8080 Conceptual Plan for OASIS Senior Center. (Request from
Administrative Services
0640 -8080 Cost of Services Fee
Fire Department
2356 -8050 Disaster preparedness mailing $ 28,000
Police Department
1820 -7' Add'I position, Facilities Maintenance Worker, expense
shared by ABLE $ 650
Public Works Department
7011- C4120806 CYC Rehabilitation - Building Code Compliance
$
25,000
7281- C5100860 Placentia Avenue Reconstruction (additional funding
needed)
$
33,000
7285- C5100875 Bristol Street North Street Rehabilitation (addition of AHRP
funding)
$
163,260
7501- C5500386 Water Trans Main Master Plan Improvement
$
604,000
7251- C5600### Wastewater Master Plan (OCSD cooperative grant)
$
322,710
7531- C5600### Wastewater Master Plan
$
327.290
TOTAL SUPPLEMENTAL BUDGET ITEMS
$
2,598,560
One time
Three FY
One time
One time
One time
One time
One time
One time
One time
One time
One time
One time
On -going
One time
One time
One time
One time
Onetime
One time
On -going
One time
One time
One time
One time
One time
One time
3
Budget Checklist Items
Fiscal Year 2006 -07
Department/Account Number /Description
Amount Approved
Public Works
7011- C4120806 CYC Rehabilitation
$
23,603
7011- C4410761 Oasis Senior Center Retrofit
$
63,960
7011- C5100### Little Corona Restroom Facility Design
$
(300,000)
701 1-051 D0762 City Facility Master Plan
$
80,000
7011- C5100809 Newport Theatre Arts Center Entry Improvements
$
150,286
7013- C5200880 Mariners Mile Street Lighting
$
75,000
7013- C5300788 Balboa Island Streetlight Upgrade
$
(6,968)
7014- C3140789 Newport Coast Monument Signage
$
3,078
7014- C5100596 Clean Water Projects
$
4,590
7014- C5100814 Miscellaneous Slope Repairs
$
46,440
7015- C3170868 Dover Drive Tree Replacement
$
(15,000)
7015- C3170869 Dover Drive Landscape Improvement
$
(30,000)
7017- C1810819 City Jail Video /Audio Rec Equipment
$
40,000
7017- C2310620 Fire Facilities Management System
$
7,200
7019- C1820825 Gas Pump Canopy Replacement
$
25,000
7019- C2700823 City Entrance Monument Signage
$
40,000
7021- C4120656 Newport Center Park
$
23,500
7181- C5100763 City Aerial Mapping
$
22,000
7181- C5100870 Superior Avenue Median Improvements
$
100,000
7181- C5200794 CdMHS Traffic Improvements
$
24,263
7231 - 00310524 Newport Bay Nutrient TMDL
$
37,825
7231- CO310525 Fecal Coliform TMDL Studies
$
12,260
7231- CO640826 Maintenance of Income Producing Property
$
20,000
7231- C2360058 Bay and Street End Beach Replenishment
$
55,000
7231- C2371772 Mooring Layout Design
$
100,000
7231- C2371834 American Legion Dock Repairs
$
15,000
7231- C2373771 Balboa Yacht Basin Security System
$
33,305
7231- C2371### Public Dock Reconfiguration - Fernando, 15th & 19th St.
$
(54,000)
7231- C5400053 Oil Field Improvement Program
$
92,269
7251- C1820808 Police Front Lobby Rehabilitation
$
50,000
7251- CO310684 Rhine Wharf Public Dock
$
(65,000)
7251- C2371### Public Dock Reconfiguration - Fernando, 15th & 19th St.
$
(99,900)
7251- C5100879 SAH Utility Underground
$
(41,200)
7251 - 02371834 American Legion Dock Repairs
$
45,000
7251- C3140840 Shell Street/China Cover Storm
$
15,000
7251- C5100763 City Aerial Mapping
$
14,434
7251- C5100866 Santa Ana Heights Equestrian Facilities
$
25,000
7251- C5100867 Santa Ana Heights Riding Passive Park
$
12,096
7251- C5100870 Superior Avenue Median Improvements (TEA)
$
(500,000)
7253- C5100875 Bristol Street Relinquishment
$
(255,323)
7255- C5100873 Newport Island Channels Circulation Improvement
$
(30,000)
7255- CO310### Areas of Special Biological Significance Assessment
$
(10,000)
7255 - 05100778 Buck Gully Wetland Project
$
(178,330)
7255- C5100851 NCWS: Miscellaneous Watershed Activities
$
(192,500)
7255 - 05100873 Newport Island Channels Circulation Improvement
$
(866,817)
7261 - 05100793 West Coast Highway Vision Plan
$
80,000
7261 - 05200373 Newport Blvd Right Turn Lane
$
(10,000)
7271- C2320527 Fire Station Gender Modifications
$
72,359
7271- C2320626 Fire Station Diesel Exhaust System
$
40,500
L4
Budget Checklist Items
Fiscal Year 2006 -07
DepartmenUAccount Number /Description
Amount
7281- C5100733 Records Management
$
14.000
7295- C5100566 Ocean Safety Operations /Rescue Boat
$
78,616
7295 - 05100570 Balboa Peninsula Walkway
$
14,388
7298- C5100871 Relocation of Newport Coast Balifield
$
225,000
7441- C5100744 Bonita Canyon Storage Building
$
58,700
7432- C5100854 Dover Drive
$
(1,500)
7456- C2320669 Santa Ana Heights Fire Station 7
$
(2,813,562)
7457- C0310600 Back Bay Science Center
$
1,652,672
7459- C5100879 SAH Utility Underground
$
11.200
7501- C5500386 Water Trans Main Master Plan Improvement
$
396,000
7501- C5500578 Pipeline Master Plan Replacement
$
(1,100,000)
TOTAL CAPITAL PROJECT REBUDGETS /CHANGES
_L
___L2,670,556)
SUMMARY BY TYPE OF REQUEST
Supplemental Requests
$ k'.' 5 8,560-
Capital Improvement Program Re- Budget
$
' (2,670,556ja
TOTAL CHECKLIST ITEMS
SUPPLEMENTAL REQUESTS BY FUND
General Fund - Supplemental Requests
Tidelands Fund
$
ContributionslRDA
x$�
32271Q!
Measure M Turnback
Arterial Highways Rehabilitation Program
' $t,;rm
¢632604
Water Fund
$ky
�.�tr 604000..E
Wastewater Fund
Total Supplemental Requests
CAPITAL IMPROVEMENT PROGRAM RESBUDGET /CHANGES BY FUND
General Fund
General Fund - Park In Lieu
Gas Tax
Tidelands Fund
Contribution Fund
Contribution Fund - Bristol Street Relinquishment
Contribution Fund - Environmental Grants
Circulation & Transportation Fund
Building Excise Tax
Measure M - Turnback
Oil Spill Remediation
Newport Coast Community Center
Bonita Canyon Development Fund
CIOSA Construction Fund
Santa Ana Heights Fire Station 7
Back Bay Science Center
Santa Ana Heights Utility Underground
Water Fund
Total Capital Improvement Program RebudgetslChanges
$tir'�f' `s >� {26T055fij
Approved
Budget Checklist Items
Fiscal Year 2006 -07
DepartmenUAccount Number /Description Amount Approved
SUMMARY BY FUND TOTAL CHECKLIST ITEMS
General Fund
Gas Tax
Arterial Highways Rehabilitation Program
Tidelands Fund
Contribution Fund
Contributions /RDA
Circulation & Transportation Fund
Building Excise Tax Fund
Measure M - Competitive
Oil Spill Remediation Fund
Newport Coast Annexation Fund
CIOSA Construction Fund
Bonita Canyon Development Fund
Santa Ana Heights Fire Station 7
Back Bay Science Center
Santa Ana Heights Utility Underground
Water Fund
Wastewater Fund
TOTAL CHECKLIST ITEMS
RESOLUTION NO. 2006 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADOPTING THE BUDGET FOR THE 2006-
07 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 2006 -07 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
Administrative 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 13, 2006, 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 2006 -07 Fiscal Year as revised by the City
Council via the Budget checklist is hereby adopted. The total approved appropriation of $205,943,148
($212,308,653 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
AQMD Fund
NAF Fund
SLESF - Cops Fund
State Gas Tax Fund
Traffic Cong. Relief
Measure M Fund
Transportation Efficiency
AHRP Fund
Tidelands Fund
Contribution Fund
Circulation Fund
Building Excise Tax
Environmental Liab.
Oil Spill Remediation
Fund
Newport Annexation
Library Debt Service
CIOSA Fund
Bonita Canyon Dev.
Mariners Library
Fire Station #7
Back Bay Science Center
SAH Community Center
Misc. SAH Projects Fund
Newport Bay Dredging
Insurance Reserve Fund
Retiree Medical Fund
Comp. Absence Fund
Equipment Fund
Water Fund
Wastewater Fund
Total Appropriations
Operating
Budget
$127,008,161
43,400
346,877
26,415
89,337
120,000
0
0
0
0
0
2,677,254
0
0
0
90,000
0
1,200,000
567,780
0
0
0
0
0
0
0
0
5,388,689
1,974,956
1,206,000
4,867,291
16,631,293
2,602,594
$164,840,047
Capital
Budget
$6,868,989
0
0
0
0
0
2,332,703
325,500
1,528,150
500,000
1,090,000
2,645,269
10,356,425
2,642,600
335,303
635,000
0
0
0
1,080,000
0
0
2,815,162
0
4,150,000
50,000
0
0
0
0
0
2,849,000
899,000
$41,103,101
Total Budget
$133,877,150
43,400
346,877
26,415
$9,337
120,000
2,332,703
325,500
1,528,150
500,000
1,090,000
5,322,523
10,356,425
2,642,600
335,303
725,000
0
1,200,000
567,780
1,080,000
0
0
2,815,162
0
4,150,000
50,000
0
5,388,689
1,974,956
1,206,000
4,867,291
19,480,293
3,501,594
$205,943,148
Interfund
Transfers
Out
$567,780
0
15,450
0
0
0
160,000
0
0
0
0
3,742,275
0
230,000
0
0
0
1,400,000
0
0
0
0
0
0
0
0
0
0
0
0
250,000
0
0
$6,365,505
Total Budget
with
Transfers Out
$134,444,930
43,400
362,327
26,415
89,337
120,000
2,492,703
325,500
1,528,150
500,000
1,090,000
9,064,798
10,356,425
2,872,600
335,303
725,000
0
2,600,000
567,780
1,080,000
0
0
2,815,162
0
4,150,000
50,000
0
5,388,689
1,974,956
1,206,000
5,117,291
19,480,293
3,501,594
$212,308,653
O
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.
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 27th day of June, 2006.
MAYOR
ATTEST:
CITY CLERK
9
CITY OF NEWPORT BEACH Ln -X I AGENDA
3S
CITY COUNCIL STAFF REPORT WJ4- - ova
Agenda Item No. 26
June 13. 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Administrative Services Department
Dennis C. Danner, Administrative Services Director (949) 644 -3123
ddanner @city.newport- beach.ca.us
SUBJECT: FISCAL YEAR 2006 -07 PROPOSED BUDGET HEARING
RECOMMENDATION:
Hold the Public Hearing on the Proposed Budget for the 2006 -07 fiscal year and, after
taking public input, prepare a 'checklist' of proposed changes to the Proposed Budget
that will be reviewed by the City Council at the meeting of June 27, 2006. Direct the
preparation of the Budget Resolution for adoption at the Council Meeting of June 27,
2006, including any "checklist' items that are recommended for approval.
DISCUSSION:
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 2006 -07
fiscal year was submitted to the City Council on April 28, 2006. Subsequent to that
submittal, the City Council held budget study sessions on May 9, May 23, and June 13,
2006, to review the departmental budget requests.
At the May 23, 2006, Council Meeting, the City Council scheduled the Public Hearing for
the proposed budget for June 13, 2006. After public and City Council input, a "checklist'
will be prepared for review by the City Council at the Council Meeting of June 27, 2006.
At the meeting of June 27, 2006, the City Council will formally adopt, by resolution, the
Proposed Budget for the 2006 -07 fiscal year.
Submitted by
Dennis C. Danner
Administrative Services Director
Budget Checklist Items
Fiscal Year 2006 -07
City Council
0110 -8250
0110 -8250
Challenge Pledge for refurbishment of CdMHS pool.
Contribution will be 29% of total project cost, not to
exceed $290,_000.
_ .. . ...........-------- ----- - -KS. -
Contribution tothe Athletic Complex at Estancia H.S. -
Second year of three -year commitment.
$
$
290,000
75,000
0110 -8250
Conference for Women - Second year.
$
10,000
0110 -8250
Balboa Island Historical Society - Six year, third year at
$
33,000
7285 - 05100875
$15,000.
$
15,000
....._.
0110 -50
82
Balboa Island Improvement Association - Flowers &
$
163,260
7501- C5500386
holiday decorations /storage.
$
11,250
0110 -8250
_
Corona del Mar Chamber of Commerce - Additional CdM
$
.. .... ... .
7531- C5600###
5K sponsorship - Third year at $5,000.
$
5,000
0110 -8250
--- -..._- -------...----- -
Corona del Mar Chamber of Commerce - Sponsorship of
2,628,560
Christmas Walk - Fourth year at $10,000.
$
10,000
6110 -8250
_
Leadership Tomorrow sponsorship - Third year at $10,000
per year.
$
10,000
6110 -8250
Michaels Media -production of Your Newport Today -
Last year at$9,100
$
9,900
6110 -8250
_
Newport Beach Film Festival - Additional $10,000 of
funding for a total of $85,000. NBCVB contributing
$15,000. - --- ....... ..
10,000
0110 -8250
..........$--
Lexus Newport to Ensenada Yacht Race sponsorship -
..........._.
Third year, last year increased from $10,000 to $15,000
$
15,000
0110 -8250
Newport Beach Restaurant Association sponorship of the
First Annual NB Restaurant Week. Last year funding at
$35,000 for marketing/re- branding campaign. NBCVB
contributing $30,000.
4410 -8080 Conceptual Plan
Administrative Services
0640 -8080 _ _ _ Cost of Services Fee Study $ 100,000
Fire Department
2356 -8050 Disaster preparedness mailing $ 28,000
Police Department
1820-7` Add'I position, Facilities Maintenance Worker, expense
shared by ABLE
Public Works Department
7011 -C41 20806
CYC Rehabilitation - Building Code Compliance
$
25,000
7281 - 05100860
Placentia Avenue Reconstruction (additional funding
needed)
$
33,000
7285 - 05100875
Bristol Street North Street Rehabilitation (addition of
AHRP funding)
$
163,260
7501- C5500386
Water Trans Main Master Plan Improvement
$
604,000
7251- C5600###
Wastewater Master Plan (OCSD cooperative grant)
$
322,710
7531- C5600###
Wastewater Master Plan
$
327,290
TOTAL SUPPLEMENTAL BUDGET ITEMS
_
$
2,628,560
One time
Three FY
One time
One time
One time
One time
One time
One time
One time
One time
One time
One time
On -going
One time
One time
One time
One time
One time
One time
On -going
One time
One time
One time
One time
One time
One time
Budget Checklist Items
Fiscal Year 2006 -07
Public Works
7011- C4120806
CYC Rehabilitation
$
23,603
7011- C4410761
Oasis Senior Center Retrofit
$
63,960
7011- C5100###
Little Corona Restroom Facility Design
$
(300,000)
7011- C5100762
City Facility Master Plan
$
80,000
7011- C5100809
Newport Theatre Arts Center Entry Improvements
$
150,286
7013- C5200880
Mariners Mile Street Lighting
$
75,000
7013- C5300788
Balboa Island Streetlight Upgrade
$
(6,968)
7014- C3140789
Newport Coast Monument Signage
$
3,078
7014- C5100596
Clean Water Projects
$
4,590
7014- C5100814
Miscellaneous Slope Repairs
$
46,440
7015- C3170868
Dover Drive Tree Replacement
$
(15,000)
7015- C3170869
Dover Drive Landscape Improvement
$
(30,000)
7017- C1810819
City Jail Video /Audio Rec Equipment
$
40,000
7017- C2310620
Fire Facilities Management System
$
7,200
7019- C1820825
Gas Pump Canopy Replacement
$
25,000
7019- C2700823
City Entrance Monument Signage
$
40,000
7021- C4120656
Newport Center Park
$
23,500
7181- C5100763
City Aerial Mapping
$
22,000
7181- C5100870
Superior Avenue Median Improvements
$
100,000
7181- C5200794
CdMHS Traffic Improvements
$
24,263
7231- C0310524
Newport Bay Nutrient TMDL
$
37,825
7231- C0310525
Fecal Coliform TMDL Studies
$
12,260
7231- C0640826
Maintenance of Income Producing Property
$
20.000
7231- C2360058
Bay and Street End Beach Replenishment
$
55,000
7231- C2371772
Mooring Layout Design
$
100,000
7231- C2371834
American Legion Dock Repairs
$
15,000
7231- C2373771
Balboa Yacht Basin Security System
$
33,305
7231- C2371###
Public Dock Reconfiguration - Fernando, 15th & 19th St.
$
(54,000)
7231- C5400053
Oil Field Improvement Program
$
92,269
7251- C1820808
Police Front Lobby Rehabilitation
$
50,000
7251- C0310684
Rhine Wharf Public Dock
$
(65,000)
7251- C2371###
Public Dock Reconfiguration - Fernando, 15th & 19th St.
$
(99,900)
7251- C5100879
SAH Utility Underground
$
(41,200)
7251- C2371834
American Legion Dock Repairs
$
45,000
7251- C3140840
Shell Street/China Cover Storm
$
15,000
7251- C5100763
City Aerial Mapping
$
14,434
7251- C5100866
Santa Ana Heights Equestrian Facilities
$
25,000
7251- C5100867
Santa Ana Heights Riding Passive Park
$
12,096
7251- C5100870
Superior Avenue Median Improvements (TEA)
$
(500,000)
7253- C5100875
Bristol Street Relinquishment
$
(255,323)
7231- C5100873
Newport Island Channels Circulation Improvement
$
(30,000)
7255- C0310###
Areas of Special Biological Significance Assessment
$
(10,000)
7255- C5100778
Buck Gully Wetland Project
$
(178,330)
7255- C5100851
NCWS: Miscellaneous Watershed Activities
$
(192,500)
7255- C5100873
Newport Island Channels Circulation Improvement
$
(866,817)
7261- C5100793
West Coast Highway Vision Plan
$
80,000
7261- C5200373
Newport Blvd Right Turn Lane
$
(10.000)
7271- C2320527
Fire Station Gender Modifications
$
72,359
7271- C2320626
Fire Station Diesel Exhaust System
$
40,500
7281- C5100733
Records Management
$
14,000
Total Supplemental Requests
CAPITAL IMPROVEMENT PROGRAM RESBUDGET/CHANGES BY FUND
General Fund
General Fund • Park In Lieu
Gas Tax
Tidelands Fund
Contribution Fund
Contribution Fund • Bristol Street Relinquishment
Contribution Fund • Environmental Grants
Circulation & Transportation Fund
Building Excise Tax
Measure M - Tumback
Oil Spill Remediation
Newport Coast Community Center
Bonita Canyon Development Fund
CIOSA Construction Fund
Santa Ana Heights Fire Station 7
Back Bay Science Center
Santa Ana Heights Utility Underground
Water Fund
Total Capital Improvement Program Rebudgets/Changes
SUMMARYBYFUND TOTAL CHECKLIST ITEMS
General Fund
Gas Tax
Budget Checklist Items
Fiscal Year 2006 -07
DepartmenUAccountNumber /Description
Amount Approved
7295- C5100566
Ocean Safety Operations /Rescue Boat
$
78,616
7295- C5100570
Balboa Peninsula Walkway
$
14,388
7298 - 05100871
Relocation of Newport Coast Ballfield
$
225,000
7441- C5100744
Bonita Canyon Storage Building
$
58,700
7432- C5100854
Dover Drive
$
(1,500)
7456- C2320669
Santa Ana Heights Fire Station 7
$
(2,813,562)
7457- CO310600
Back Bay Science Center
$
1,652,672
7459- C5100879
SAH Utility Underground
$
11,200
7501- C5500386
Water Trans Main Master Plan Improvement
$
396,000
7501- C5500578
Pipeline Master Plan Replacement
$
(1,100,000)
TOTAL CAPITAL
PROJECT REBUDGETS /CHANGES
$
(2,670,556)
SUMMARY BY TYPE OF REQUEST
Supplemental Requests
$
'�2828880t1
Capital Improvement Program Re- Budget
$
j2,670,558)
TOTAL CHECKLIST ITEMS
SUPPLEMENTAL
REQUESTS BY FUND
General Fund- Supplemental Requests
$
x;1108300'
Tidelands Fund
$
'70,000x:
Contributions /RDA
Measure M Turnback
$
$3000,
Arterial Highways Rehabilitation Program
EH
$
___
i
;= 283280
.._ ...,. _.._ ...
Water Fund
._....__...,..,....._..,......
_........... _
Wastewater Fund
327,290.E
Total Supplemental Requests
CAPITAL IMPROVEMENT PROGRAM RESBUDGET/CHANGES BY FUND
General Fund
General Fund • Park In Lieu
Gas Tax
Tidelands Fund
Contribution Fund
Contribution Fund • Bristol Street Relinquishment
Contribution Fund • Environmental Grants
Circulation & Transportation Fund
Building Excise Tax
Measure M - Tumback
Oil Spill Remediation
Newport Coast Community Center
Bonita Canyon Development Fund
CIOSA Construction Fund
Santa Ana Heights Fire Station 7
Back Bay Science Center
Santa Ana Heights Utility Underground
Water Fund
Total Capital Improvement Program Rebudgets/Changes
SUMMARYBYFUND TOTAL CHECKLIST ITEMS
General Fund
Gas Tax
Budget Checklist Items
Fiscal Year 2006 -07
DepartmenUAccount Number /Description
Arterial Highways Rehabilitation Program
Tidelands Fund
Contribution Fund
Contributions/RDA
Circulation & Transportation Fund
Building Excise Tax Fund
Measure M • Competitive
Oil Spill Remediation Fund
Newport Coast Annexation Fund
CIOSA Construction Fund
Bonita Canyon Development Fund
Santa Ana Heights Fire Station 7
Back Bay Science Center
Santa Ana Heights Utility Underground
Water Fund
Wastewater Fund
TOTAL CHECKLIST ITEMS
Approved