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HomeMy WebLinkAboutC-3899 - Grant Agreement for Special Event Support Program FY 06-07, FY 07-08, FY 08-09 - Christmas Walk & 5KGRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CORONA DEL MAR CHAMBER OF COMMERCE This Agreement, entered into this 1'7 Xk day of S e 12-r , 2008 by and between the CITY OF NEWPORT BEACH, a California municipal corporation ( "City "), and the Corona del Mar Chamber of Commerce, a California non - profit mutual benefit corporation, located at 2855 E. Coast Hwy Suite 100 Corona del Mar, CA 92625 (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 mutual benefit corporation exempt from federal taxation pursuant to section 501(c)(6) of the Internal Revenue Code. WHEREAS, GRANTEE has requested a grant from the City to help pay for costs associated with marketing and promotional activities for the 2008 Christmas Walk and the 2009 5K Race. WHEREAS, the City has approved a grant in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00) ( "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 marketing and promotional activities related to the 2008 Christmas Walk and the 2009 5K Race (APPROVED USE), and (b) not be used for any activity that would violate state or federal statutory or decisional law such as regulations affecting non - profit or tax exempt organizations exempt from taxation pursuant to Section 501(c)(6) of the Internal Revenue Code; and (c) be expended during the fiscal year July 1, 2008 through June 30, 2009 ( "SPENDING PERIOD "). 1 0 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 Fifteen Thousand Dollars and No Cents ($15,000.00) 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, 2009, 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. 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 2 0 0 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. 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, 2009, GRANTEE shall notify the City in writing, and shall be obligated to return all funds within sixty (60) days. q 0 41 6. INDEMNIFICATION To the fullest extent permitted by law, GRANTEE shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the `Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, GRANTEE's presence or activities conducted on the Approved Use (including the negligent and /or willful acts, errors and /or omissions of GRANTEE, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require GRANTEE to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the GRANTEE. 7. GRANTEE INDEPENDENCE In the performance of this Agreement, the GRANTEE, and the agents and employees of GRANTEE, shall act in an independent capacity and 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. 21 0 0 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. 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 addressed to GRANTEE at: Linda Leonhard, Director Corona del Mar Chamber of Commerce 2855 E. Coast Hwy, Suite 100 Corona del Mar, CA 92625 (949) 673 -4050 10. TERMINATION (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. 5 0 11. 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. 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. 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. GLMOOLI�Lld;1 11,1114alM 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. 11 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. [SIGNATURES ON FOLLOWING PAGE] 7 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: Y &A1^t LaVonne Harkless, City Clerk N CITY OF WPOR B ACH: A Muni pal r 'ora io Edwa -d elich, Mayor for the City of Newport Beach CORONA DEL MAR CHAMBER OF COMMERCE: By: 4-1 (Corporate Officer) Title: Print Name: L , KA A L e z;" - (Financial Officer) Title: %�1-•��� Print Name: P,-1-;%A CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 27 June 24, 2008 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: 2008 -09 BUDGET ADOPTION — REVISED CHECKLIST Attached please find a revised FY 2008 -09 Budget Checklist. After preparation of the staff report for this item, we received a request for $25,000 for the Orange County Film Commission. Submitted by: Bennis C. Danner Administrative Services Director Attachment: Revised FY 2008 -09 Budget Checklist Budget Checklist Items Fiscal Year 2008 -09 Department/Account Number /Description Revised June 19, 2008 Amount Approved SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS $ 160,000 City Council 0410.7• New full -time Department Assistant in HR to support front Repiping of Fire Station 3 $ 30,000 7013 - 02002026 MacArthur Boulevard median trees $ 100,000 One -time 7013- C3170904 Add'I funds for Irvine Terrace/Coast Hwy Landscaping $ 30,000 One -time various General Waiver of special event permits and fees for the 20th 7284- C3002003 Traffic Signal Modernization Phase 3 $ 249,500 Fund accounts anniversary of the Taste of Newport $ 17,000 One -time 2720 -8250 Increase in NB Restaurant Association Bid Matching $ 35,000 One -lime Sponsorship of January 2009 Restaurant Week (prior two permit process $ D110-a250 years were funded at $50,000 each) $ 75,000 One -time D71D -8250 Sponsorship of Fall 2009 Restaurant Week - new event $ 75,000 One -time 7013 - 02002027 CdM State Beach Parking Lot Landscape Improvements $ 95,000 One -time 2720.8250 Bid Match for CdM Visioning Phase II $ 100,000 One -time 7015-C4002003 Artificial turf for Bonita Creek Park $ 1,000,000 One -time 7013. 02002028 Landscape improvements on Bristol S 120.000 One -time School football field. $ 30,000 One -time Harbor Dredging Project Planning and Permitting $ 100,000 One -time Balboa Vision Plan $ 75,000 One -time and improvements between 32nd Street and Coast Highway and in the Peninsula Point area $ 160,000 One -time 0410.7• New full -time Department Assistant in HR to support front Repiping of Fire Station 3 $ 30,000 counter needs $ 57,000 On -going 0110 -8250 Grant to Orange County Film Commission $ 25,000 One -time Public Works Department Newport Coast Runoff Reduction $ (68,000) 7284- C3002003 Traffic Signal Modernization Phase 3 $ 249,500 One -time Planning Department 2710 -8105 Customer Service Training $ 15,000 One -time 2710 -7• New Permit Tech position to guide applicants through the permit process $ 90,000 On -going 2720 -8080 Professional services related to the implementation of the strategic plan $ 50,000 On -going Recreation Department 4510 -8250 Recreation mailers to Newport Coast $ 30,000 On -going Utilities Department 5300 -8116 20% increase in electricity for street lighting $ 100,000 On -going 5500 -8295 Reduction in amount of Imported water purchases $ (83,142) On -going 5500 -8296 Reduction in amount of groundwater purchases $ (185,058) On -going TOTAL SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS $ 2,350,300 GENERAL SERVICES CONTRACT SAVINGS General Services Department - Expenditure Cost savings associated with CR &R Contract (approved various General by Council on June 10, 2008) to provide residential solid Fund accounts waste transfer services and material processing /recycling $ (607,482) TOTAL GENERAL SERVICES CONTRACT SAVINGS $ (607,482) Public Works 7011 - 01002004 PD Upper Level Office Remodel $ 39,900 7011 - 02320856 Repiping of Fire Station 3 $ 30,000 7013 - 05200407 Neighborhood Traffic Management Improvements $ 50,000 7013 - 05200932 Coast Highway Median Improvements $ (50,500) 7014 - 05002000 Newport Coast Runoff Reduction $ (68,000) Revised June 19, 2008 TOTAL CAPITAL PROJECT REBUDGETSICHANGES $ 1,416,350 REVENUE ADJUSTMENTS General Services Department - Revenue 610 -6830 Sale of Vehicle associated with the CR &R Contract to Budget Checklist Items provide residential solid waste transfer services and Fiscal Year 2008 -09 material processing /recycling $ Department/Account Number /Description Utilities Department - Revenue Amount Approved 7014 - 05100814 Miscellaneous Slope Repair $ 9,350 701405100889 Areas of Bio Significant Assessment $ 8,100 7014-CS100912 Newport Coast Watershed Program $ 47,200 7015 - 03170933 Back Bay View Park $ (4,675) 7017- C2310620 Fire Facilities Management System $ 7,200 7017 - 08002026 Tsunami Warning System S 198,100 7019- C1820918 Police Facility Generator Replacement $ 108,360 7019- C5100977 Newport Coast Community Center FF &E S 133,500 7028- C3002004 River Avenue Pedestrian Access Improvements $ (7,500) 7028- C5100282 Beach Replenishment Program S 1,730 7181 - 05100733 Records Management Program Implementation $ 10,000 7181 - 05200974 Newport CoastlPeliran Hill Study $ 498.200 7231- C2370522 Eel Grass Mitigation Bank $ 15,700 7231 - 05100709 Big Canyon Creek Restoration S 27,300 7231 - 05100836 Ocean Pier Repairs S 2,000 7231- C5100890 Areas of Bio Significant Implementation $ 7,150 7231- C5400053 Oil Field Improvement Program $ 1,750 7261 - 02700813 City-wide Wayfinding /Enhance Signs $ (48,800) 7261 - 05100784 Jamboree Road Bridge Widening S 2,440 7271- C2320856 Repiping of Fire Station 3 S 65,000 7281- C3002002 Traffic Signal Modernization Phase 2 $ 38,155 7281 - 05100733 Records Management Program Implementation $ 17,000 7411- C4002002 Marna Park S 237,400 7453- Cl002007 OASIS Senior Center New $ (16,750) 7457 - 00310600 Back Bay Science Center $ 100,000 7459- C5100866 SAH Equestrian Arena $ (42,960) TOTAL CAPITAL PROJECT REBUDGETSICHANGES $ 1,416,350 REVENUE ADJUSTMENTS General Services Department - Revenue 610 -6830 Sale of Vehicle associated with the CR &R Contract to provide residential solid waste transfer services and material processing /recycling $ 226,000 Utilities Department - Revenue 500 -5170 Decrease in sale of potable water (revenue decrease) $ (550,980) 500 -5400 Interest Earnings in the Water Fund (revenue increase) $ 400,000 500 -5620 Increase in petroleum royalties (revenue increase) $ 900.000 530 -5400 Interest Earnings in the Wastewater Fund (revenue increase) $ 80.000 TOTAL REVENUEICONTRACT ADJUSTMENTS $ 1,055,020 SUMMARY BY TYPE OF REQUEST Supplemental Expenditure Budget Requests $ 2,350,300 General Services Contract Savings (607,482) Net Change to FY 2008 -09 Exp Budget 1,742,818 Capital Improvement Program Re- Budget 1,416,350 Revenue Adjustments 1,055,020 SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS BY FUND General Fund $ 2,249,000 Measure M Competitive $ 249,500 Bristol Street Relinquishment $ 120,000 Revised June 19, 2008 Budget Checklist Items Fiscal Year 2008 -09 Department/Account Number /Description Amount Approved Water Fund $ (268,200) Total Supplemental Expenditure Budget Requests $ 2,350,300 GENERAL SERVICES CONTRACT SAVINGS BY FUND General Fund $ (607,482) Total General Services Contract Savings $ (607,482) CAPITAL IMPROVEMENT PROGRAM REBUDGET /CHANGES BY FUND General Fund $ 502,765 Gas Tax $ 508,200 Tidelands Fund $ 53,900 Building Excise Tax $ 65,000 Measure M Fund $ 55,155 Circulation & Transportation Fund $ (46,360) OASIS Senior Center $ (16,750) Marina Park $ 237,400 Miscellaneous Santa Ana Heights Projects $ (42,960) Back Bay Science Center $ 100,000 Total CIP Rebudgets /Changes $ 1,416,350 REVENUE ADJUSTMENTS BY FUND Water Fund $ 749,020 Wastewater Fund $ 80,000 Equipment Fund $ 226,000 Total Revenue Adjustments $ 1,055,020 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 27 June 24, 2008 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: 2008 -09 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 Budget Checklist items should be included in the 2008 -09 Budget, and (2) approve the Resolution adopting the City's 2008 -09 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 complete listing of the proposed Budget Checklist items. This year, the Budget Checklist items are summarized as follows: Supplemental Expenditure Budget Requests General Services Contract Savings Net Change to FY 2008 -09 Exp Budget CIP Rebudgets /Changes Increase to Revenue Estimates General All Other Fund Funds Total All Funds 2,224,000 101,300 2,325,300 (607,482) - (607,482) 1,616,518 101,300 1,717,818 502,765 913,585 1,416,350 - 1,055,020 1,055,020 2008 -09 Budget Adoption June 24, 2008 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 2008 -09 Budget as amended through the Budget Checklist actions. Please note that the Planning Commission conducted a review of the Preliminary Fiscal Year 2008 -09 Capital Improvement Program and determined it to be consistent with the General Plan and Coastal Land Use Plan. Attached please find their review documents. Submitted by: %�C e Dennis C. Danner Administrative Services Director Attachments: Resolution / Budget Checklist Planning Department Report RESOLUTION NO. 2008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING THE BUDGET FOR THE 2008 -09 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 2008 -09 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 10, 2008, 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 2008 -09 Fiscal Year as revised by the City Council via the Budget checklist is hereby adopted. The total approved appropriation of $256,221,159 ($265,938,722 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 C[OSA 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 #7 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 24th day of June, 2008. MAYOR ATTEST: CITY CLERK Budget Checklist Items Fiscal Year 2008 -09 Department/Account Number /Description Amount Approved SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS $ 100.000 One -time $ 30,000 One -time Fund accounts anniversary of the Taste of Newport �_ __ _ _ _ $ _17,000 One -time 2720 -8250 Increase in NB Restaurant Association Bid Matching_ $ _ 35.000 One -time 15,000 Sponsorship of January 2009 Restaurant Week (prior two _ 2710 -7' New Permit Tech position to guide applicants through the Coast Highway Median Improvements $ 0110.8250 years were funded at $50,000 each) $ _ 75,000 One -time 0110 -8250 Sponsorship of Fall 2009 Restaurant Week - new event $ 75,000 One -time 7013 - 02002027 CdM State Beach Parking Lot Landscape Improvements $ 95,000 One -time 2720 -8250 Bid Match for CdM Visioning Phase II _ _ $ _ _ 100,000 One -time 7015- C4002003 _ _ _ _ Artificial turf for Bonita Creek Park $ 1_,000,000 One -time 7013 - 02002028 _ _ _ im Landscape on Bristol $ _ 120,000 One -time 0110 -8250 Contribution towards re- sodding of Newport Harbor High Ongoing _in _ _ 5500 -8298 Reduction in amount of groundwater purchases $ (185,058) School football field. $ 30,000 One -time 7014 - 04402001 Harbor Dredging Project Planning and P_ e_r_mit8_ng $ _ _100,000 One -time 2710.8080 _ Balboa Vision Plan $ 75 =0 One -time 7013 - 02002029 Balboa Boulevard median and parkway landscape design and improvements between 32nd Street and Coast Highway and in the Peninsula Point area $ 150,000_ One -time 0.7' 641 _ New full -time Department Assistant in HR to support front counter needs $ 57,000 On -going Public Works Department 7284- C3002003 Traffic Signal Modernization Phase 3 _ $ _ 249,500 One -time Planning Department Rapping of Fire Station 3 $ 30,000 2710 -8105 Customer Service Training $ 15,000 One -time _ 2710 -7' New Permit Tech position to guide applicants through the Coast Highway Median Improvements $ (50,500) permit process $ 90,000 On -going 2720 -8080 Professional services related to the implementation of the Miscellaneous Slope Repair $ 9,350 strategic plan $ 50,000 Ongoing Recreation Department 4510 -8250 Recreation mailers to Newport Coast _ $ _ 30,000 Ongoing Utilities Department 5300 -8116 20% increase in electricity for street lighting $ 100,000 Ongoing 5500 -8295 Reduction amount of imported water purchases $ 8( 3,142 Ongoing _in _ _ 5500 -8298 Reduction in amount of groundwater purchases $ (185,058) On -going TOTAL SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS $ 2,325.300 GENERAL SERVICES CONTRACT SAVINGS General Services Department - Expenditure Cost savings associated with CR &R Contract (approved various General by Council on June 10, 2008) to provide residential solid Fund accounts waste transfer services and material processing /recycling _ $_ _ 6k7,482) TOTAL GENERAL SERVICES CONTRACT SAVINGS E (607,482) CAPITAL IMPROVEMENT Public Works 7011 - 01002004 PO Upper Level Office Remodel $ 39,900 7011- C2320856 Rapping of Fire Station 3 $ 30,000 7013- C5200407 Neighborhood Traffic Management Improvements $ 50,000 7013- C5200932 Coast Highway Median Improvements $ (50,500) 7014- C5002000 Newport Coast Runoff Reduction $ (68,000) 7014- C5100814 Miscellaneous Slope Repair $ 9,350 Department/Accou 7014- C5100889 7014- C5100912 7015- C3170933 7017- C2310620 7017- CB002026 7019-Cl 820918 7019- C5100977 7028- C3002004 7028- C5100282 7181- C5100733 7181- C5200974 7231- C2370522 7231- C5100709 7231- C5100836 7231- C5100890 7231- C5400053 7261- C2700813 7261- C5100784 7271- C2320856 7281- C3002002 7281- C5100733 7411- C4002002 7453- C1002007 7457- CO310600 7459- C5100866 Budget Checklist Items Fiscal Year 2008-09 nt Number /Description Areas of Bio Significant Assessment Newport Coast Watershed Program Back Bay View Park Fire Facilities Management System Tsunami Warning System Police Facility Generator Replacement Newport Coast Community Center FF &E River Avenue Pedestrian Access Improvements Beach Replenishment Program Records Management Program Implementation Newport Coast/Pelican Hill Study Eel Grass Mitigation Bank Big Canyon Creek Restoration Ocean Pier Repairs Areas of Bio Significant Implementation Oil Field Improvement Program City-wide Wayfinding /Entrance Signs Jamboree Road Bridge Widening Rapping of Fire Station 3 Traffic Signal Modernization Phase 2 Records Management Program Implementation Marina Park OASIS Senior Center New Back Bay Science Center SAH Equestrian Arena TOTAL CAPITAL PROJECT REBUDGETS /CHANGES $ 1,416,350 REVENUE ADJUSTMENTS General Services Department - Revenue 610 -6830 Amount Approved $ 8,100 $ 47,200 $ (4,675) $ 7,200 $ 198,100 $ 108,360 $ 133,500 $ (7,500) $ 1,730 $ 10,000 $ 498.200 $ 15,700 $ 27,300 $ 2,000 $ 7.150 $ 1,750 $ (48,800) $ 2.440 $ 65.000 $ 38.155 $ 17,000 $ 237.400 $ (16,750) $ 100,000 $ (42,960) TOTAL CAPITAL PROJECT REBUDGETS /CHANGES $ 1,416,350 REVENUE ADJUSTMENTS General Services Department - Revenue 610 -6830 Sale of Vehicle associated with the CR &R Contract to 2;325,300 General Services Contract Savings provide residential solid waste transfer services and Net Change to FY 2008 -09 Exp Budget 1,717,818 material processing /recycling $ 226,000 Utilities Department - Revenue 1,055,020 500 -5170 Decrease in sale of potable water (revenue decrease) $ (550,980) 500 -5400 Interest Earnings in the Water Fund (revenue increase) $ 400,000 500 -5620 Increase in petroleum royalties (revenue increase) $ 900,000 530 -5400 Interest Earnings in the Wastewater Fund (revenue (268,200) increase) $ 80.000 TOTAL REVENUE /CONTRACT ADJUSTMENTS $ 1,055,020 SUMMARY BY TYPE OF REQUEST Supplemental Expenditure Budget Requests $ 2;325,300 General Services Contract Savings (607,482) Net Change to FY 2008 -09 Exp Budget 1,717,818 Capital Improvement Program Re- Budget 1,416,350 Revenue Adjustments 1,055,020 SUPPLEMENTAL EXPENDITURE BUDGET REQUESTS BY FUND General Fund $ 2,224,000 Measure M Competitive $ 249,500 Bristol Street Relinquishment $ 120,000 Water Fund $ (268,200) Budget Checklist Items Fiscal Year 2008 -09 Department/Account Number /Description Amount Total Supplemental Expenditure Budget Requests S 2.325.300 GENERAL SERVICES CONTRACT SAVINGS BY FUND General Fund $ (607,482) Total General Services Contract Savings $ (607,482) CAPITAL IMPROVEMENT PROGRAM REBUDGET /CHANGES BY FUND General Fund $ 502,765 Gas Tax $ 508,200 Tidelands Fund $ 53,900 Building Excise Tax $ 65,000 Measure M Fund $ 55,155 Circulation & Transportation Fund $ (46,360) OASIS Senior Center $ (16.750) Marina Park $ 237,400 Miscellaneous Santa Ana Heights Projects $ (42,960) Back Bay Science Center $ 100,000 Total CIP Rebudgets /Changes $ 1,416,350 REVENUE ADJUSTMENTS BY FUND Water Fund S 749,020 Wastewater Fund $ 80,000 Equipment Fund $ 226,000 Total Revenue Adjustments $ 1,055,020 Approved CITY OF NEWPORT BEACH CITY COUNCIL MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Janet Johnson Brown, Associate Planner (949) 644 -3236, jbrown cr.city.newport- beach.ca.us DATE: June 24, 2008 SUBJECT: Planning Commission Review of Preliminary Fiscal Year 2008 -2009 Capital Improvement Program (PA2007 -131) On May 22, 2008, the Planning Commission conducted a review of the Preliminary Fiscal Year 2008 -2009 Capital Improvement Program (CIP) to determine consistency with the General Plan and Coastal Land Use Plan. The Planning Commission found the CIP to be consistent with the General Plan and Coastal Land Use Plan, and recommends that the CIP be implemented by the City Council. During discussion of the CIP, the matter of dredging the lower Newport Bay was discussed. The Planning Commission suggests that City Council consider the dredging of the lower Newport Bay as a high priority in the next CIP. Prepared by: .. Submitted by: Gc✓ Davi epo Planning Director Attachments: May 22, 2008, Planning Commission Staff Report CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT May 22, 2008 Agenda Item 6 SUBJECT: Review of Preliminary Capital Improvement Program (PA2007 -131) PLANNER: Janet Johnson Brown, Associate Planner (949) 644 -3236, ibrown aC)city.newport- beach.ca.us PROJECT SUMMARY An annual review of the Preliminary Fiscal Year 2008 -2009 Capital Improvement Program to determine consistency with the General Plan and Coastal Land Use Plan, and to make recommendations to the City Council concerning the proposed public works projects. RECOMMENDATION Conduct a review of the Preliminary Fiscal Year 2008 -2009 Capital Improvement Program (CIP) and report to the City Council that the CIP is consistent with the General Plan and Coastal Land Use Plan, and that the projects in the CIP be implemented by the City Council. DISCUSSION Introduction The Engineering Services Division of the Public Works Department is responsible for the CIP projects, including the planning, design, construction, and inspection of these projects. The CIP serves as a plan for the provision of public improvements, special projects, on -going maintenance programs, and the implementation of the City's master plans. Pursuant to Section 707 (c) of the Charter of the City of Newport Beach, the Planning Commission is required to make recommendations to the City Council concerning proposed public works projects. In addition, Section 65401 of the California Government Code states that the Planning Commission shall review the proposed public works projects for conformity with the General Plan and Coastal Land Use Plan and report the results of this review to the City Council. Analysis The Preliminary Fiscal Year 2008 -2009 CIP lists a total of 92 projects, a majority of which involve the repair and maintenance of existing public improvements and facilities. Review of Preliminary Capital Improvement Program May 22, 2008 Page 2 These projects are consistent with General Plan policies that require the proper maintenance of existing facilities and improvements. Projects that involve new construction, the expansion or removal and replacement of existing facilities, or renovations and improvements to existing facilities are analyzed below in terms of their consistency with the General Plan and the Coastal Land Use Plan. The projects listed in rows that are shaded represent new projects included in the Fiscal Year 2008 -2009 CIP. A copy of the CIP worksheets for each of the projects listed below is attached to this report as Exhibit 1. A copy of the entire Preliminary Fiscal Year 2008 -2009 CIP may be found online at: www.city.newport- beach. ca. us / accounting /Budget/2009 /ClPproiect- Web 09.pdf CIP Pg.# Project Title Planning Document Comments Policy'. LU. 6.1.1 and 6.1.2 calls for the i City Hall and Park Design Land Use Element provision and development of government Recreation Element administrative facilities to serve the needs of the residents. Both the General Plan and the CLUP call Coastal Land Use Plan for providing adequate support facilities and 9 Little Corona Restroom Facility Recreation Element access for persons with disabilities. The restreom facility will be consistent with these policies . Policy LU 6.1.1 calls for adequate facilifies Land Use Element to serve the. needs of the residents, and 10 Oasis Senior Center Rebuild Recreation Element Policy R. 1.9 calls for the provision of 'a senior center that meets the needs of the senior population, Policy LU 2,1 calls for residential serving land uses that support the needs of 16 Santa Ana Heights Equestrian Facilities Land Use Element residents, including recreational activity that is in balance with community natural resources, and op ens aces. The medians are currently watered manually The project includes a new irrigation system connected to the City's 18 Avocado Avenue Medians Renovation Natural Resources automated system. This is consistent with Element Policy NR 1.1, which calls for the use of water - efficient landscaping and irrigation. Water - efficient shrubs and groundcover - should be used, Policy LU 5.2.3 calls for improving and 20 Balboa Village Alley Replacement Land Use Element enhancing the aesthetic quality of alleys without impacting service access. Policy S 4.2 supports and encourages the seismic retrofitting and strengthening of 23 Bridge Seismic Retrofit Construction Safety Element essential facilities such as hospitals and schools to minimize damage in the event of seismic or geologic hazards. Review of Preliminary Capital Improvement Program May 22, 2008 Page 3 CIP Pg.# Project Title Planning Document Comments The medians are currently watered manually. The project includes an irrigation system connected to the City's automated 28 Dover Drive Medians Renovation Natural Resources system. This is consistent with Policy NR Element 1.1, which calls for the use of water - efficient landscaping and irrigation. Water- efficient shrubs and groundcover should be used. Improvements and dimensions are 29 Dover Drive Sidewalk Circulation Element consistent with the classification of this primary/major road. 32 Irvine Avenue Realignment- University to Improvements and dimensions are Bristol Circulation Element consistent with the classification of this primary road. 33 Irvine Terrace Landscape Improvements Natural Resources Pursuant to Policy NR 1.1, water - efficient Element landscaping and irrigation should be used. Improvements and dimensions are 34 Jamboree Road Bridge Widening Circulation Element consistent with the classification of this major road. Design and widening of Jamboree Road at the intersection of MacArthur Blvd. is 35 Jamboree Road Improvements Circulation Element consistent with Policy CE 2.1.4 for roadway Bristol/Fairchild improvements to this major road in order to - provide efficient movement of goods and people within the City. CLUP Policy 3.1.1 -2 calls for the 39 Ocean Front Street End Improvements Coastal Land Use Plan enhancement of all existing public street ends providing public access to the shoreline and beaches. CE Policy 2.3.2 calls for roadway maintenance programs that inspect, repair 40 Pavement Management Plan Update Circulation Element and rehabilitate pavement surfaces in order to preserve the high quality of City street and roadways and provide an optimal roadway system. This project is consistent with policies in the 41 Santa Ana Avenue /Avon Street Slope Natural Resources Natural Resources Element that call for Stabilization and Drainage Element prevention of water pollution and storm runoff. The medians are currently watered manually. The project includes an irrigation system connected to the City's automated 47 Westcliff Drive Medians Renovation Natural Resources system. This is consistent with Policy NR Element 1.1. which calls for the use of water - efficient landscaping and irrigation. Water - efficient shrubs and groundcover should be used. Bayside Waterfront Walkway to Balboa Island Harbor and Bay Element This project is consistent with policies 48 Bridge Recreation Element calling for expanding public access to and Coastal Land Use Plan along the shoreline. Review of Preliminary Capital Improvement Program May 22, 2008 Page 4 CIP Pg.# Project Title Planning Document Comments 49 Directional, Wayfinding, and Monument Circulation Element Policy CE 1.2.1 and CLUP Policies 2.9.3 -3, Signage Coastal Land Use Plan 3.1.1 -3, and 3.2.2 -6 call for wayfinding signs. Neighborhood Traffic Management Pursuant to Policy CE 2.2.5, traffic calming 50 Improvements Circulation Element improvements will need to balance safety, quality of life, and efficiency. 51 River Avenue Pedestrian Coastal Access Harbor and Bay Element This project is consistent with policies Improvements Coastal Land Use Plan calling for the expansion and enhancement of public access to the shoreline Policy CE 2.3.4 calls for monitoring of traffic 52 Traffic Signal Modernization: Phase 2 conditions, considering additional Jamboree Road Circulation Element improvements in areas with operations issues. such as intersections with heavy turn volumes. Back Bay Yew Park Replenishment and The project is consistent with Policy 4.4.1 -2, 56 Enhancement Coastal Land Use Plan which requires landscaping to minimize impacts to public coastal views. CLUP Policy 2.8.2 -6 and Policy S 1.3 call for continuing the Surfside- SunsetN/est 57 Beach Sand Study and Replenishment Coastal Land Use Plan Newport Beach Replenishment program. Program Safety Element CLUP Policy 2.8.6 -2 and Policy S 3.1 call for monitoring beach width and elevations. CLUP Policy 2.8.6 -3 and Policy HB 116 call for a comprehensive beach replenishment program to assist in Coastal Land Use Plan maintaining beach width and elevations. 58 Coastal Sand Replenishment Cooperative Harbor and Bay Element Project Natural Resources CLUP Policy 4.2.4 -2 and Policy NR 15.1 Element call for monitoring dredging projects within the region to identify opportunities to reduce disposal costs and utilize dredge spoils for beach nourishment. CLUP Policy 2,8.6 -3 and Policy HB 13.6 call for a comprehensive beach replenishment program to assist in Coastal Land Use Plan maintaining beach width and elevations. 59 Coastal Sand Replenishment Cooperative Harbor and Bay Element Project (County) Natural Resources CLUP Policy 4.2.4 -2 and Policy NR 15.1 Element call for monitoring dredging projects within the region to identify opportunities to reduce disposal costs and utilize dredge spoils for beach nourishment CLUP Policies 4.2.5 -2 and 4.2.5 -4 and Coastal Land Use Plan Policy NR 11.5 allow eelgrass restoration 60 Eelgrass Mitigation Bank Natural Resources sites to serve as mitigation sites for Element eelgrass removal resulting from dock and channel dredging projects. Coastal Land Use Plan CLUP Policy 3.3.2 -7 and Policies HB 6.3, 61 Mooring Layout Design Harbor and Bay Element HB 6.4, and Policy R 8.3 encourage the Recreation Element provision and expansion of moorings. CLUP Policy 3.3.2 -7 calls for expanding 63 Public Docks Access Improvements Coastal Land Use Plan and enhancing facilities for dinghy docks, where feasible. Review of Preliminary Capital Improvement Program May 22, 2008 Page 5 CIP Pg.# Project Title Planning Document Comments Policy HB 6.4 calls for the enhancement of 64 Rhine Channel Wharf Repair and Public Dock Harbor and Bay Element guest and public facilities for transient boaters. Policy R 1.9 calls for developing Sunset 65 Sunset Ridge Park Recreation Element Ridge Park as an active park with playrields, picnic areas, a playground, and other facilities. CLUP Policy 4.1.2 -2 calls for special 67 Areas of Special Biological Significance Coastal Land Use Plan protection to marine resource areas and Assessment species of special biological or economic significance. CLUP Policy 4.1.3 -3 and Policy NR 10.6 call for the preparation of natural habitat protection regulations for Buck Gully for the Coastal Land Use Plan purpose of providing standards to ensure 68 Buck Gully Canyon Stabilization and Flood Natural Resources both the protection of the natural habitats in Control Element these areas and of private property rights. Include standards for the placement of structures, native vegetation /fuel modification buffers. and erosion and sedimentation control structures. Policy NR 10.2 calls for compliance with polices contained in the Orange County Natural Communities Conservation Plan. CLUP Policy 4.1.3 -3 and Policy NR 10.8 call for the preparation of natural habitat Coastal Land Use Plan protection regulations for Buck Gully for the 69 Buck Gully Resource Management Plan Natural Resources Purpose of providing standards to ensure Element both the protection of the natural habitats in these areas and of private property rights. Standards for the placement of structures, native vegetation /fuel modification buffers, and erosion and sedimentation control structures shall be included in the regulations. CLUP Policy 4.2.5 -3 calls for studies to establish an eelgrass acreage baseline for Newport Harbor. Policy NR 11.1 calls for Coastal Land Use Plan the development of a Harbor Area 70 Eelgrass Study Natural Resources Management Plan to provide a Element comprehensive approach to the management of resources of Newport Bay including eelgrass protection. Policy NR 11.4 calls for interagency coordination of establishing eelgrass restoration sites. CLUP Policy 4.3.2 -24 calls for the use of 71 g tywide Central Computer System Irrigation p y Coastal Land Use Plan weather- and moisture -based irrigation controls to reduce runoff, direct and encourage water conservation. CLUP Policy 4.3.2 -24 calls for the use of 72 Irrigation — Newport Coast Central Computer Coastal Land Use Plan weather- and moisture -based irrigation System controls to reduce runoff, direct and encourage water conservation. Review of Preliminary Capital Improvement Program May 22, 2008 Page 6 CIP PgA Project Title Planning Document Comments CLUP Policy 4.3.2 -24 calls for the use of 73 Irrigation — Smart Controller Program Coastal Land Use Plan weather- and moisture -based irrigation controls to reduce runoff, direct and encourage water conservation. CLUP Policy 43.2 -3 and Policies HB 6.6 Coastal Land Use Plan and NR 3.6 call for participation in 74 Newport Coast Runoff Reduction Program Harbor and Bay Element watershed -based runoff reduction efforts Natural Resources with the Regional Board Water Quality Element Control Board, the County of Orange, and upstream cities. Both the CLUP and the General Plan Identify the Semeniuk Slough as an Coastal Land Use Plan environmental study area (ESA). Policy NR 75 Semeniuk Slough Dredging Project Natural Resources 10.3 requires a site - specific survey and Element analysis prepared by a qualified biologist where development would occur within or contiguous to areas identified as an ESA. Both the CLUP and the General Plan call Coastal Land Use Plan for the preparation of a Harbor Area 76 Upper Bay Comprehensive Resource Harbor and Bay Element Management Plan (RAMP) that will provide Management Plan Natural Resources a comprehensive approach to the Element management of the resources of Newport Bay, including the Upper Bay. CONCLUSION The Preliminary Fiscal Year 2008 -2009 CIP does not present any inconsistencies with the General Plan or the Coastal Land Use Plan. Environmental Review None required. Public Notice None required. Prepared by: J � I ''� jile�l Q4 EXHIBIT: Submitted by: � 0 Da-71d Lepo Planning Directo 1. Fiscal Year 2008 -2009 Capital Improvement Program Worksheets IRVINE TERIZ�CE June 16, 2008 Mayor Selich Members of City Council City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Dear Mayor Selich and Honorable Members of the City Council of the City of Newport Beach: The Board of Directors of the Irvine Terrace Community Association and its residents strongly urge you approve the $30,000 supplemental budget request in this year's budget for upgrading the landscape on City property from Jamboree to just west of Avocado between the Irvine Terrace wall and Coast Highway. The landscape along this stretch has not been upgraded for over 40 years. This stretch of land is in need of an upgrade. Coast Highway is one of the major east west routes through the City of Newport Beach and will be one of the main arteries for access to the new City Hall. The Irvine Terrace Community Association believes so strongly in the need for this upgrade that it has allocated $20,000 of it funds in support of this project. Please approve the supplemental budget request in this year's budget for this important City project. Very truly yours, Joe Silvoso, II Val Skoro President Vice - President Irvine Terrace Community Association Irvine Terrace Community Association cc: Homer Bludau, City of Newport Beach, City Manager Steve Badum, Director, Public Works for the City of Newport Beach. A MERIT Supported Community 1 Polaris Way, Suite 100 • Aliso Viejo, CA 92656 • 949/448 -6000 • 800/428 -5588 • Fax: 949/448 -6400 • • ?mq GRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND CORONA DEL MAR CHAMBER OF COMMERCE This Agreement, entered into this -09.k4 day of be --i' , 2007 by and between the CITY OF NEWPORT BEACH, a California municipal corporation ( "City "), and the Corona del Mar Chamber of Commerce, a non - profit corporation located at 2855 E. Coast Hwy Suite 100 Corona del Mar, CA 92625 (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)(6) of the Internal Revenue Code. WHEREAS, GRANTEE has requested a grant from the City to help pay for costs associated with marketing and promotional activities for the 2007 Christmas Walk and the 2008 5K Race. WHEREAS, the City has approved a grant in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00) (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 marketing and promotional activities related to the 2006 Christmas Walk and the 2007 5K Race (APPROVED USE), and (b) not be used for any activity that would violate state or federal statutory or decisional law such as regulations affecting non - profit or tax exempt organizations exempt from 1 E 0 taxation pursuant to Section 501(c)(3) of the Internal Revenue Code; and (c) 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 Fifteen Thousand Dollars and No Cents ($15,000.00) 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 i • 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. lu • 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. T. 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. El 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 addressed to GRANTEE at: Linda Leonhard, Director Corona del Mar Chamber of Commerce 2855 E. Coast Hwy, Suite 100 Corona del Mar, CA 92625 (949) 673-4050 10. TERMINATION (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. 11. 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. 5 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. li kl l2Jllr:1;3;7;3*IG\ elk1l 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 ail 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. F 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: v'%-, C ✓C Aaron C. Harp, Assistant City Attorney for the City of Newport Beach AT' By: LaVonne Harkless, City Clerk OF NEWPORT BEACH: iic4al C poration Steven Rosansky, M Nr for the City of Newp rt each CORONA DEL MAR CHAMBER OF COMMERCE: (Corporate Officer) Title: ,?r t -3 y e-^ .T Print Name: i AIV 1,4 1 tee, ,,,zleg!:�'Ilrltv By: c� (Financial O ficer) Title:/ "414 Print Name: / ��11t4� /"liii�� 7 1:30 PM 02126107 Cash Basis Corona del Mar Chamber of Commerce Budget Overview - CHRISTMAS WALK 07 January through December 2007 9, 93-2 re% ` V c.-4-` / P 1, ,e)V0(, -- ' • 0 Page 1 Jan - Dec 07 Ordinary Income/Expense Income Events Income Beverages Rev - Alcoholic 7,000.00 Beverages Rev - Non - Alcohol 450.00 Food Revenue 1,100.00 Grants 10,000.00 Sponsorships 15,000.00 Opportunity Drawings 4,000.00 Vendor Space Reservations 7,050.00 Total Events Income 44,600.00 Total Income 44.600.00 Expense Advertising -DMP Mailhouse 1,752.00 Advertising -DMP Printing 910.00' Equipment Rental 3,800.00 Event Beverages - Alcoholic 800.00 Event Beverages - Non - Alcoholic 200.00 Event Decor 200.00 Event Food - General 350.00 Event Signage 550.00 Event Supplies 130.00 Facility Fees & Permits 300.00 Graphics Design 575.00 Hired Entertainment 2,400.00 Marketing 4,400.00 Meeting Expense 100.00 Postage and Delivery 300.00 Printing and Reproduction _ 2,300.00 Total Expense 19,067.00 Net Ordinary Income 25,533.00 Net Income 25,533.00 9, 93-2 re% ` V c.-4-` / P 1, ,e)V0(, -- ' • 0 Page 1 r- 1:40 PM Corona del Mar Chamber of Commerce 02125107 Budget Overview - SCENIC SK 08 Cash Basta Ordinary Income/Expense Income Events Income Grants Scenic 5K Event Revenue Total Events Income Total Income Expense Advertising -DMP Graphic Design Advertising AMP Malihouse Advertising AMP Printing Total Expense Net Ordinary Income Net Income Jan b0 - Dec 10 5,000.00 75 nnn nn 30,000.00 30,000.00 130.00 2,870.00 2,000.00 5,000.00 25,000.00 25,000.00 �OOO �tc�u6siea Ma••Ke.4',n�.�PIZ �ra...T Fv rLD S L� Page t 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 CORONA DEL MAR CHAMABER OF COMMERCE This Agreement, entered into this 2li, . day of O c.T , 2006 by and between the CITY OF NEWPORT BEACH, a California municipal corporation ( "City "), and the Corona del Mar Chamber of Commerce, a non - profit corporation located at 2855 E. Coast Hwy Suite 100 Corona del Mar, CA 92625 (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)(6) of the Internal Revenue Code. WHEREAS, GRANTEE has requested a grant from the City to help pay for costs associated with marketing and promotional activities for the 2006 Christmas Walk and the 2007 5K Race. WHEREAS, the City has approved a grant in the amount of Fifteen Thousand Dollars and No Cents ($15,000.00) (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 marketing and promotional activities related to the 2006 Christmas Walk and the 2007 5K Race (APPROVED USE), and (b) not be used for any activity that would violate state or federal statutory or decisional law such as regulations affecting non - profit or tax exempt organizations exempt from 1 0 0 taxation pursuant to Section 501(c)(3) of the Internal Revenue Code; and (c) be expended during the fiscal year July 1, 2006 through June 30, 2007 (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 Fifteen Thousand Dollars and No Cents ($15,000.00) 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, 2007, 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. FA 0 0 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. S. USE OF THE MONEY 3 R 7 8. Fa 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, 2007, GRANTEE shall notify the City in writing, and shall be obligated to return the funds within sixty (60) days. 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. 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. 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. I I0 11101 ZV 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. All notices, demands, requests or approvals from GRANTEE to City shall be addressed to the City at: 12 0 0 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 addressed to GRANTEE at: Linda Leonhard, Director Corona del Mar Chamber of Commerce 2855 E. Coast Hwy, Suite 100 Corona del Mar, CA 92625 (949) 673 -4050 10. TERMINATION (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. 11. 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 5 • r 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 govem 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. [SIGNATURES ON FOLLOWING PAGE] A IN WITNESS WHEREOF, the City and GRANTEE have executed this Agreement as of the date first above written. APP OVED AS TO FORM: 141- c" . c"' Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B: LaVonne Harkless, City Clerk CITY OF NEWPORT BE/#C A icipal or r ti n Don ebb, Mayor for the City of Newport Beach CORONA DEL MAR CHAMBER OF COMMERCE: By: (Corporate Officer) Title: Print Name: 21AIZ7<4%,�� C � By: ( inancial Officer) Title: T—r V -c P -- Print Name: -r_ !S L' . .hl+D 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