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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 1 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. 2 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. 3 I ` • • 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. 0 10 11 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