HomeMy WebLinkAbout14 - Council Policy Manual Update for 2005 & Statement of Investment Policy F-1CITY OF NEWPORT BEACH COUNCIL AGENDA
CITY COUNCIL STAFF REPORT KI L g 3 - ()5-
Agenda Item No. 15
August 23, 2005
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport - beach.ca.us
SUBJECT: Council Policy Manual Update for 2005 and Public Meeting to Consider
City's Statement of Investment Policy (Policy F -1)
RECOMMENDATION:
Approve the proposed revisions, additions or deletions to the Council Policy Manual:
-- Revisions to B -1, B -2, B -6, B -7, B -8, B -10, B -13, B -14, F -1, F -2, F -3, F -15 and
L -2;
-- Addition of F -25;
-- Deletion of B -5
DISCUSSION:
Backqround:
This agenda item contains two parts:
• Part I — The annual review of the City Council's Policy Manual (with
recommended changes, additions or deletions of 15 separate policies); and
• Part II — The annual affirmation of the City's Statement of Investment Policy (Council
Policy F -1) as required by California law.
Part I -- Policy Manual Review. Council Policy D -3 directs the City Council to review
the more than 100 policies in the Council Policy Manual annually. These policies exist
to instruct the Council and City staff on how to process a variety of different issues --
from airport and annexations to voice mail and water service outside the City limits.
This year, the 15 policies proposed for change, addition or deletion are summarized in
Attachment A. Many of the proposed changes are minor and are NOT all summarized
below. Noteworthy changes include the following:
Council Policy Manual Update for 2005
August23, 2005
Page 2
Statement of Investment Policy (F -1)
Regardless of changes, this policy needs to be re- certified by the City Council every
year, and we accomplish that as part of this process. The only changes this year
involve revising the minimum credit rating for medium term corporate notes, and some
non - substantive language changes intended to keep the policy consistent with
terminology used in the industry. The changes were recommended by our Investment
Advisors, from whom we solicit policy change recommendations each year.
Reserves /Designation of Fund Balance (F -2)
The recommended changes in this policy primarily involve the Stabilization and
Contingency Reserves in the General Fund. The proposed revision will result in no
change in the use of Stabilization Reserves for specific purposes. However, the generic
2% Stabilization Reserve is being combined with the Contingency Reserve. As a
practical matter, the distinction between the purposes of these two Reserves has
become less significant than was envisioned when they were established. In addition, a
specific target minimum for the Capital Improvement Reserve is proposed to be
established at $10 million.
Grant Administration (New F -25)
Grant applications are initiated by many individuals throughout every department within
the City. Grant requirements vary by contract but invariably contain financial record
keeping, reporting and audit requirements which often require interdepartmental
coordination. A grant administration policy was necessary to provide grant applicants
the basic financial and administrative responsibilities when accepting grants. This new
policy establishes guidelines for the application, acceptance, administration, and
financial reporting of grants and restricted donations.
Part Ii -- Affirmation of City's Investment Policy. Following the County of Orange's
bankruptcy in late 1994, the State Legislature adopted SB 564 (Johnston) which
requires each local agency to consider its Statement of Investment Policy (the City
Council's Policy F -1) annually at a public meeting. The law reads as follows:
Government Code § 53646 — (a) The treasurer or chief fiscal officer
shall annually render to the legislative body of the local agency and any
oversight committee a statement of investment policy, which the
legislative body of the local agency shall consider at a public meeting.
Any changes in the policy shall also be considered by the legislative
body.of the local agency at a public meeting.
a.
Council Policy Manual Update for 2005
August 23, 2005
Page 3
The Council's review of this policy at a public meeting (the August 23, 2005, City
Council Meeting) completes this obligation.
Prepared by:
Davet, iff, Assistant City Manager
Attachments: A — Summary of Proposed Council Policy Changes
B — Council Policies — Strikeout and Underline Versions
(except F -25, which is new)
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PARK FEE POLICY
PURPOSE
Is
The City of Newport Beach maintains an extensive park and open space system. The
acquisition and development of our park and open space properties is funded, in part,
through the payment of park fees paid by persons or entities who subdivide properties.
The Subdivision Map Act requires park fees to be used only for the purpose of
developing new or rehabilitating existing neighborhood or community park or
recreational facilities to serve the subdivision that paid the fees. The City is required to
develop a schedule specifying how, when and where the park fees will be used. The
purpose of this Policy is to establish the criteria to be used in deciding which facilities
serve subdivision residents and schedule whereby park fees are properly and timely
committed to appropriate projects.
POLICY
A. Service Criteria.
The Recreation and Open Space Element of the General Plan states that
community parks and view parks serve the entire City. Community parks are
those with improvements such as community buildings, parking, swimming,
facilities for picnicking, active sports and other facilities that serve a larger
population. Neighborhood parks which include unique recreational facilities,
such as basketball courts, tennis courts, turf areas, active sports fields,
community buildings, unique play areas or view parks are also considered
City -wide resources used by all citizens. Accordingly, park fees generated by
any subdivision within the City may be used to develop new or rehabilitate
existing community parks, view parks, and those neighborhood parks listed on
Exhibit A.
The Recreation and Open Space Element divides the City into 11 services areas
consisting of relatively discrete residential communities. These service areas
were created for the purpose of determining whether particular geographical
areas were deficient in terms of park and recreational facilities and to identify
acquisitions or improvements which would provide residents with greater
recreational opportunities. Accordingly, park fees generated by a subdivision
within any services are may be used to create new, or rehabilitate, existing park
or recreational facilities within that services area and as provided in the
Recreation and Open Space Element.
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B. Implementation Schedule.
Park fees shall be placed in the General Fund immediately upon receipt with a
special designation as Park Fees. These funds, after special designation, shall be
used solely for the acquisition or establishment of new, or the rehabilitation of
existing, park, open space and recreational facilities. The park fees shall also be
placed on a schedule that lists the location of the subdivision, the fees paid, the
date on which the fees were paid or the date on which building permits had been
issued for 1/2 of the lots created by the subdivision (whichever occurs later), the
service area within which the subdivision is located, the neighborhood park,
recreation and open space facilities eligible for park fees generated by that
subdivision, the date on which the park fees must be committed to specific
project of improvements. The park fees shall be used only for the park and
recreation facilities identified in the Recreation and Open Space Element and
shall be utilized in accordance with the policies and standards specified in the
General Plan. Designations for expenditures will be made as part of the annual
budget adoption.
[Attachment - Exhibit A]
Adopted - June 27,1994
Amended - April 23, 2002
Amended & Reassigned - April 8, 2003
Amended - April 13, 2004
Formerly I -1
2
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EXHIBIT A
PARK DEDICATION POLICY
PARKS GUIDE
M
The following view parks serve as citywide resources by reason of their unusual beauty
and the view provided:
Back Bav View Park
Bayview Park
Begonia Park
Channel Place Park
Cliff Drive Park
Corona del Mar State Beach Park
Ensign View Park
Galaxy View Park
Inspiration Point
Irvine Terrace Park
Castaways Park
Jasmine View Park
Kings Road Park
Lido Park
Lookout Point
Newport Island Park
Peninsula Park
Rhine Wharf Park
West Jetty View Park
Westcliff Park
The following Community and Neighborhood Parks serve as citywide resources by
reason of the unique recreational opportunities they offer:
Arroyo Park - Lighted multi- purpose field, basketball court, picnic areas and
playground.
Bonita Canyon Sports Park - Four youth baseball fields, one multi - purpose field,
one soccer field, tennis courts, basketball court, 2 playgrounds and connecting
trail to Arroyo Park.
Bonita Creek Park - Community center, lighted softball and multi - purpose field,
and basketball court.
Buffalo Hills Park - Basketball court, baseball/ softball diamond, volleyball court,
multi - purpose fields.
Carroll Beek Community Center and Balboa Island Park - Basketball court tot
playground and community center.
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Community Youth Center /Grant Howald Park - Basketball court, tennis courts,
community center, softball and multi- purpose field.
Eastbluff Park - Baseball diamond, multi- purpose field, and view of the Back
Bay.
Harbor View Nature Park - Natural vegetation area.
Las Arenas Park - Lighted tennis courts1 and- basketball court and community
center.
Lincoln Athletic Center - Gymnasium, lighted baseball/ softball diamond and
multi- purpose fields.
Mariners Park - Multi- purpose room, baseball/ softball facilities, racquetball
courts, lighted tennis courts, multi- purpose fields, and an ADA equipped play
area.
The Oasis OASIS Senior Center - Multi- purpose senior facility with classrooms
and large multi - purpose room.
Peninsula Park - Beach sited multi- purpose field, playground (ADA compliant),
picnic and barbecue facilities, baseball/ softball diamond and gazebo.
San Joaquin Hills Park - Tennis courts, pentanque courts and lawn bowling
facility.
San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball
court and an ADA equipped play area.
Theater Arts Center - Ninety seat community theater.
West Newport Park - Tennis courts, racquetball courts, basketball court, and 3
Rlavgrounds.
381" Street Park - Basketball courts and playground (ADA compliant).
0
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INSTRUCTIONAL RECREATION ACTIVITIES
The instructional recreational programs for children and adults provided by the
Recreation & Senior Services Department will be conducted on the basis of being at
least self - supporting. An amount equal to at least 25% of the costs incurred will be set
aside for administrative overhead. Registration fees will be based on an amount
sufficient to acquire independent contractors, class materials and the administrative
overhead and a facility use fee. Occasionally, it may be necessary to conduct a specific
class in which revenues are not sufficient to be self- supporting. However, each total
recreation program, such as tennis, sailing, surfing, etc., will be at least self- supporting.
The Recreation & Senior Services Director or designee is authorized to enter into
agreements for securing independent contractors for approved instructional recreation
activities.
A sum of money equivalent to 20% of the gross annual revenues derived from the
instructional classes in surfing shall be set aside and used for the purpose of purchasing
new or replacement surfboards or development of aquatic and surf related activities.
A total of 20% of the registration fees from tennis instructional classes shall be set aside
annually for refurbishment or development of courts or development of new
recreational programs or facilities.
The Re ereat4en -& Sefdaz Cervices Director or designee is - authorized te - ,..nte zxrca
agreements
activities. A total of 20% of the registration fees from the sailing instructional classes
and 100% of the proceeds from the agreement for the use of the 29th Street public dock
shall be set aside annually for refurbishment and replacement of the recreation sail boat
fleet and development of waterfront activities program.
Adopted - October 1963
Amended - August 30,1966
Amended - November 25,1968
Amended - March 1970
Amended - April 12,1971
Amended - August 9,1971
Amended - February 14,1972
Amended - March 13,1972
Amended - November 11, 1974
Amended - March 24,1975
Formerly I -6
Formerly I -2
Amended - December 8,1975
Amended - November 27,1978
Amended - November 28,1988
Reassigned - January 24,1994
Amended - February 27,1995
Amended - December 14,1998
Amended - May 8, 2001
Amended - April 8, 2003
Amended - April 13, 2004
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NEWPORT THEATRE ARTS CENTER
BACKGROUND
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The Newport Theatre Arts Center (Theatre) has been the site of community theatre
productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a
non - profit public benefit corporation, have, since 1980, managed the Theatre and
offered first class theatrical productions and shows using dedicated volunteers from the
community. The Friends have presented at least four productions a year, have funded
their program through ticket sales and donations from the private sector, and have used
excess funds to purchase theatrical equipment. The plays and shows presented by the
Friends are affordable to all economic segments of this community and offer residents a
unique opportunity to attend or participate in theatrical productions. The Friends
represent the epitome of "community theatre" - a volunteer effort using principally
non - equity performers that is self funded and offers performers of all skill levels an
opportunity to develop their talents.
MANAGEMENT/ PRIMARY USE
The City Council has, pursuant to a written management agreement, appointed the
Friends as the primary user and manager of the Theatre in recognition of their
dedication, skill and effort over the years. The City Council is aware that the consistent
presentation of first class community theatre requires extensive pre - production use of
the venue for rehearsal, set construction and related activities. The City Council has
determined that the community theatre program offered by the Friends requires
exclusive use of the Theatre for continuous and extended periods of time throughout
the year and from year to year.
As manager, the Friends are required to make the Theatre available, and to supervise its
use, by other groups or organizations selected by the City (Third Party/Third Parties)
for stage plays or artistic events during no less than twotkfee (2 -3) two -week periods
each year (Reserved Periods). The Friends are also required to allow and supervise use
by residents and local business owners for short meetings or events of limited duration.
The City Council expects the Friends, in supervising the use of the Theatre by any Third
Party, to serve as.a resource, if called upon, to facilitate the efforts of community groups
authorized by City to present stage plays at the Theatre.
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RESERVED PERIODS
The City, through the Recreation & Senior Services Director, is responsible for selecting
the Third Party /Third Parties that will be permitted to use the Theatre to present stage
plays or other artistic productions during the Reserved Periods. Third Party use of the
Theatre shall be granted pursuant to a special event permit and license agreement
(permit). In selecting among applicants, preference shall be given to public benefit non-
profit corporations in good standing that have received a tax exempt determination
pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of
very few venues in the area that is capable of accommodating live stage performances,
preference shall be given to an applicant seeking permission to use the Theatre for live
theatrical performances presented during at least one entire Reserved Period. The City
shall use the following criteria in selecting among qualified applicants that have
submitted timely applications requesting use of the Theatre at the same time during all
or a portion of any Reserved Period:
A. Previous experience in presenting live stage productions of a magnitude similar
to that proposed in the application;
B. Firm commitments from technical, artistic and support staff capable of producing
a live stage play;
C. The extent to which Newport Beach residents are involved in the production;
D. The extent to which the production involves or generates educational
opportunities for youth;
E. Whether the applicant has secured the rights to produce the play and the extent
to which the applicant can demonstrate the ability to pay required fees and
charges.
F. The potential for recurring use by the applicant.
In the event that no application is submitted and approved by the City authorizing
presentation of a live theatrical performance during any Reserved Period, preference
shall be given to the applicant who first submits a timely application to present a
cultural or artistic event that is consistent with the historical usage of the Theatre.
The Recreation & Senior Services Director is authorized to meet and confer with
applicants who have submitted conflicting requests in an effort to determine if the
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applicants are willing to modify the requests to avoid the conflict. The Recreation &
Senior Services Director is also authorized to partially grant or modify any application
to eliminate conflict or to preserve use of the Theatre for the City or for other purposes.
While the Recreation & Senior Services Director will generally determine Third Party
use of the Theatre pursuant to the application process. However, the City Council may,
upon a determination that a requesting group substantially complies with the selection
criteria in A - F and at a noticed public meeting, authorize Third Party use of the
Theatre for multiple or consecutive Reserved Periods subject only to execution of the
required permit.
PROCEDURES
A. Subject to the provisions of Subsection B, any individual, group or organization
requesting permission to use the Theatre during all or a portion of any Reserved
Period, or for any event that requires a special event permit pursuant to Chapter
5.10 11.03 of the Newport Beach Municipal Code (applicant) shall file an
application for a permit. The application shall be filed with the Recreation &
Senior Services Department no less than 45 days prior to the first date of the
Reserved Period during which applicant proposes to use the Theatre and shall be
accompanied by the fee established by resolution of the City Council. The
application shall be submitted on forms provided by the Recreation & Senior
Services Department, all requested information shall be provided and an
individual authorized to bind the applicant shall sign the application. The
applicant shall clearly specify the requested dates and times for use of the
Theatre and describe, in detail, the production to be presented as well as the
technical, artistic and support personnel to be involved in the production.
B. In the event that the City Council has authorized use of the Theatre by a Third
Party pursuant to the provisions of the "Reserved Periods' section, the Third
Party shall submit the information required by Subsection A within fifteen days
after the action by the City Council but is not otherwise required to comply with
the procedures specified Subsection A.
CONDITIONS
All use of the Theatre shall be subject to strict compliance with this Policy, the
application submitted, the "House Rules" (Exhibit A) and the terms and conditions of
the Special Event Permit and License Agreement (Permit). The House rules and the
3
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Permit shall be provided to the applicant when the application is filed. In addition,
each Permittee shall strictly comply with the following conditions:
A. The Theatre shall not be used, or open for use, by any person before 8:00 a.m. or
after 11:30 p.m. on any day.
B. The Permittee shall take all reasonable steps to ensure that all users respect
nearby residents by minimizing noise, parking and other impacts.
C. The Pennittee shall use the property, the Theater and the Theatre Equipment
with due care and in a manner that avoids any damage, any injury to any person,
and minimizes wear and tear.
D. The Permittee shall comply with all applicable laws and shall take all reasonable
steps to ensure that guests and invitees also comply with all applicable laws.
E. The Pemuttee shall fully and immediately comply with all requests of the
Recreation & Senior Services Director and the Chief of Police or their employees.
FEES
Use of the Theatre by any Third Party shall be subject to the payment of fees to the City
for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for
use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified
to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and
Operator Fees are as specified in the Fee Schedule (Exhibit B). The Recreation & Senior
Services Director may waive all or a portion of the Property Fee upon request and a
showing of good cause. The Recreation & Senior Services Director shall collect, and
remit to the Friends, any Equipment Fees and/ or Operator Fees.
[Exhibit A - House Rules]
[Exhibit B - Fee Schedule]
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Adopted - July 27,1981
Amended - October 22,1984
Amended - November 28,1988
Amended - October 22,1990
Amended - January 24,1994
Amended - May 22,2001
Amended & Reassigned - April 8, 2003
Formerly I -18
Formerly I -6
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HOUSE RULES
The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by
any Third Party using the Theatre.
A. THEATRE USE
The right to use the Theatre includes only the main theater consisting of the 90
seat auditorium and stage, "green room ", entry lobby and public restrooms, box
office area, two downstairs dressing rooms and bathroom, all access ways,
parking area and exterior grounds. In no event shall Permittee use any office
equipment or telephones owned by the Friends of the Newport Theatre Arts
Center (Manager), the kitchen /office maintained by the (Manager), backstage
workroom, or costume, prop and set storage rooms. Use of these areas is non-
exclusive and Manager's agents may also occupy the designated areas provided
they do not interfere with Permittee's use of the Theatre or the production. Only
technical personnel approved by the Manager are allowed to enter the tech
booth.
B. MANAGERS PROPERTY/ EQUIPMENT
Permittee shall not use Manager's tools, costumes, props, or sets. Permittee may
use the telephone provided by the City.
C. SUPERVISION
Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage
Manager or House Manager designated by the Manager.
D. MARQUEE
Permittee is to provide the layout for inclusion of text in the marquee and
Manager approved personnel will install the lettering or supervise the
installation by Permittee. Only layouts that utilize existing Theatre lettering will
be allowed. The marquee will be available to Permittee only during the Use
Period.
Exhibit A
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E. CLEANING
The carpeted areas and seats in the Theatre must be completely covered by
Permittee during any set construction, painting or other work on the stage or in
the auditorium area to protect those facilities against dust and damage. At the
conclusion of the Use Period, Permittee shall return all facilities and equipment
to the condition immediately prior to use by Permittee.
F. SOUND MONITORS
The sound monitors are permanently located and Permittee shall not move or
relocate the monitors.
G. FOOD BEVERAGES
Food or drink is permitted only in the lobby. No food or drink may be taken into
the auditorium. Permittee shall consult with Manager, and receive Manager's
approval, prior to any sale or distribution of food or beverages on or from the
Theatre.
H. BOX OFFICE PERSONNEL
Permittee shall provide box office personnel as well as tickets and /or reservation
services. Permittee shall also provide any security or admission personnel.
Manager may be able to supply box office personnel if Permittee makes a timely
request and pays required fees.
I. DECORATIONS
Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects
or helium balloons on the property. Permittee shall obtain Manager's approval
of a decorating plan prior to installing any decorations.
J. DRESSING ROOMS
The dressing rooms are reserved for the use of the actors and stage personnel. In
no event shall the dressing rooms be used for entertainment of guests or the
storage of equipment. Smoking and alcohol are prohibited in dressing rooms.
Exhibit A
2
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K. RIGHTS AND ROYALTIES
Permittee shall provide evidence that they have applied for the rights to stage, at
the Theatre, the production described in the application for permit and that all
required royalties and rentals have been paid. In no event shall Permittee be
allowed access to the Theatre without providing proof of rights and royalties.
Permittee shall not film or reproduce any production unless and until Permittee
provides evidence that publisher or owner of the performance rights has given
express permission to do so.
Adopted - May 22, 2001
Reassigned - April 8, 2003
Formerly I -6
Exhibit A
41
FEE SCHEDULE
zzxccsrrc- i.-avTz- zvvv- carxvaSavavToz� om.
FEES CHARGED ARE IN ACCORDANCE WITH THE
MASTER FEE SCHEDULE WHICH IS ANNUALLY ADJUSTED BY
RESOLUTION OF THE CITY COUNCIL.
A. Lighting Designer to hang, focus and program lights $900.00
-or-
Lighting Technician who will program existing hanging lights only and operate
lights for shows - $25.88 per hour with 3 hour. minimum.
B. Sound Designer to place sound equipment in locations, adjust microphones and
program equipment, etc. $250 490.
C. Additional technicians to operate lights and /or sound equipment during
performance -- eaeh-$200-per hour with 7L3 hour minimum.
D. Stage Manager who will monitor backstage activities and assist with matters
involving use of stage and curtain only _$29-:00 -per hour with 3 hour minimum.
E. House Manager who will monitor front of house, direct ushers and assist with
matters involving front of house only _�per hour with 3 hour minimum.
F. Ushers -_ $5-per usher per show, from 30 minutes before performance thl-u
through intermission.
G. Lamp and lighting equipment use, including dimmer packs, computers, light
board, hanging fixtures, lamps and gels -_ $30 -per hour or part of hour, including
programming time, as well as running time for show. Rate to be '$M-different
per hour if both lighting and sound equipment are used.
H. Permittee reimburse the City er-A4anager-for all charges or costs associated with
services requested by Permittee. No charge for use of small piano other than
tuning charge if user wants piano tuned. Small piano moving and replacement
to original location to be done by Pennittee.
I. Property Fee is charged $300- 00-per day of use.
Adopted - May 22, 2001
Amended & Reassigned - April 8, 2003
Formerly I -6
Exhibit B
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SPECIAL EVENT PERMIT REQUEST PROCESSING
PURPOSE
To set forth City policy concerning administration and control of special events. Special
events include activities as defined in Chapter 11.03 of Title 11 of the Newport Beach
Municipal Code. Requests that include activities for which the Municipal Code requires
that a permit be obtained may be included in the special event permit process.
POLICY
It is the policy of the City Council to ensure that the numerous special event activities
permitted by the City do not negatively affect the community, that requests for permits
are efficiently processed by staff, that City liability is eliminated, that all appropriate
insurance requirements are met, and that costs for municipal services provided are kept
at a reasonable level and recovered from the event sponsors. Affected City departments
shall be notified of special event permit requests in accordance with the schedule
attached and provide recommendations on how to conduct the event safely, lawfully
and with a minimum negative impact on the commundty.
It is the responsibility of the Recreation & Senior Services Director to coordinate the
administration of special events and to be the central contact point for residents or other
event sponsors, as well as the various City Departments having influence or control
over aspects of any given event. Requests for special event permit applications will be
received by a special event coordinator in Recreation & Senior Services and routinely
routed to appropriate departments for investigation. Each department will investigate
the proposed event and make a recommendation for approval or denial of the event. If
recommended for approval, recommended conditions for approval will also be
presented.
Events that include the following activities or aspects shall be additionally reviewed by
the departments indicated:
Activitv Reviewing; Department
Fireworks Fire Department
Police Department
City Manager
1
Tents & Canopies
Requests on the Harbor
Requests on the Balboa Pier
Requests on McFadden Plaza
Requests on the Newport Pier
Requests on Public Beaches
Requests in a Public Park
Requests to Deviate from Use Permit
Requests at a Commercial Location
Signs & Banners on Private Property
Signs & Banners on Public Property
Amplified Sound at a Commercial Location
Amplified Sound at a Residential Location
Temporary Street or Sidewalk Closures
Sidewalk Sales
M.
Fire Department
Building Department
Harbor Resources Division
Sheriff's Harbor Department
Public Works
Public Works
Public Works
Harbor Resources Division
General Services
Fire Department
Recreation & Senior Services Department
General Services
Planning Department
Planning Department
Planning Department
Public Works
Planning Department
Police Department
Revenue Division
Public Works
General Services
Public Works
Planning
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Use of Public Property
Public Food Service
Use of Back Bay Drive
Risk Manager
Health Department
Department of Fish & Game
General Services
Public Works
M
If each department reviewing a special event permit application recommends approval
of issuance of the permit, a permit will be issued to the applicant listing the conditions
provided by each department. The City Council may authorize approval of any request
for special event permit when:
A. Required by Municipal Code.
B. When a Level 3 Special Event Permit has been denied and the applicant chooses
to appeal the denial.
Adopted - January 24, 1994
Amended - February 24,1997
Amended - May 8, 2001
Amended & Reassigned - April 8, 2003
Amended - April 13, 2004
Formerly I -7
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BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY
The purpose of this policy regarding the use of City streets and beaches for conducting
bicycle races, running events, surf contests and other athletic contests is to minimize the
inconvenience to City residents, and to eliminate any potential City liability for injuries
resulting from the event. All bicycle races, running events, surf contests or events and
similar athletic contests events shall be required to secure a Special Event Permit,
comply with all of the conditions to the permit, and comply with the provisions of this
Policy. Races, running events and other athletic contests events using City streets shall
not be conducted during the summer (June 15 through September 15). No more than
twelve (12) such events shall be permitted during any calendar year and not more than
four (4) in one geographical area in one year.
Surf contests using City beaches shall not be conducted during Memorial Day weekend
or summer Qune 15 - September 15). No more than eight (8) large and /or commercial
events shall be permitted during any calendar year and events shall be scheduled at
least three (3) weeks apart.
All Surf competitions, no matter what the size, are required to register with the
Recreation & Senior Services Department a minimum of one month prior to the
scheduled event in order to receive approval for use of the requested location. There is
no fee for registration of a surf competition, only for the Special Event Permit, if needed.
All responsible parties must be able to provide upon request proof of a valid
registration approval during the hours of the surf competition.
Surf contest permits will be granted for specific dates only. No more than one surf
contest will be scheduled per day. Surf contest permits do not allow for the exclusive
use of the ocean or contest area and are always subject to blackball rules and
regulations. There can only be a maximum of six (6) large and /or commercial contests
at any one location per calendar year. The Fire Department determines acceptable
locations for surf contests.
The person or entity primarily responsible for administering the event must prove their
ability to pay for all required City safety and maintenance services prior to issuance of
any permit. Proof of ability to pay for these services shall be in the form of a cash
deposit, bond, or similar instrument. The permittee shall, prior to the event, provide
the City with evidence of insurance, with the City named as an additionally insured,
with minimum coverage of one (1) million dollars per occurrence unless the City
Attorney and City Manager determine that due to the circumstances surrounding the
event, more insurance coverage is necessary.
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No permit shall be issued for any race, running event, surf contest or athletic
contest event which is sponsored or financially supported by a tobacco or alcohol
company and no alcohol or tobacco shall be permitted to be dispensed or available in
the event there are participants under the age of 21. Nor will any signage promoting
alcohol or tobacco company be allowed to be displayed at the contest /event
Surf eenz Est -perms will be - granted foF speeifie des enly. Ne mere tkan ene sum€
eentest will be sehed r ..
use of the } 4 area and are always subjeet te bl 1 b-n nules and
r-effdlafians. There an a.* be aftaXiMUM of SiX (6) Marge and/e ia; +
leeatiens fai: sti4 eeRt sts
Adopted - February 14,1983
Amended - November 14,1983
Amended - September 22,1986
Amended - January 24,1994
Amended -July 25, 2000
Amended & Reassigned - April 8, 2003
Amended - April 13, 2004
Formerly I -21
Formerly I -8
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USE, PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER
The Marian Bergeson Aquatic Center MBAC is a 50 meter pool complex located on the
Corona del Mar High School campus. The Newport -Mesa Unified School District
NMUSD as the legal owner of the property, has entered into an agreement with the
City of Newport Beach CITY to allow public use of the facility after official school use.
This agreement has resulted due to the significant contribution to the pool construction
by the City.
PURPOSE OF USE
The foregoing facilities and equipment therein shall be used for activities which are
recreational, social or civic in character, and offer services of interest or need to the
community.
PROCEDURE
Any group desiring to use the MBAC shall make
application on forms provided by the Recreation & Senior Services Department
(Department) and shall provide such additional information as may be required by the
Department to assure compliance with priorities. Applicants may be required to satisfy
the Department that activities will be conducted in an orderly manner and that such
person(s) or groups are financially able to respond to damages arising therefrom. Prior
to the use of any facility, the application must have been approved by the Recreation &
Senior Services Director or a designated representative.
SCHEDULE
The City ef Ts;ew-per grand the Ne jper -} Mesa rrRified Srhee' Pist-i NMUSD
establishes the use of the aquatic center as follows:
Pool Use Criteria (As Dictated by School District -City Agreement)
School Year
A. 6:00 A.M. - 3:00 P.M. District use only.
B. 3:00 P.M. - 6:00 P.M. Joint use City /District w /District as
first priority.
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C. 6:00 P.M. - 9:00 P.M. City exclusive use.
Holidays, Summer Vacation, Saturdays
.� 0 1 1, MA
B. 9:00 A.M. - 9:00 P.M.
Sundays
Joint scheduling w/ City priority.
City exclusive use.
A. 6:00 A.M. - 9:00 P.M. Joint City/ District.
(Use includes showers, restrooms and ancillary facilities.)
A. All official ReEreatie , & Seed,._ 9eFv eesDepartment /City of Neiepert ek
initiated and /or conducted activities.
B. All official ReEEeatien & c Department co- sponsored groups
and /or activities. The aforementioned are community groups and activities
which are nonprofit, self - governing, privately organized an4-of a recreational
nature cakiEh may be brought under the sponsorship of the RecreatioR & S^^
Ser-k-iees-Department by application.
C. Official School District sponsored programs and activities.
D. Official public agency sponsored programs and activities not included in the
above categories.
E. Recreational, social or civic activities and /or groups (resident) promoted and
sponsored by local nonprofit organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents.
F. Recreational, social or civic activities and /or groups (nonresident) promoted and
sponsored by nonprofit organizations which are open to the public, not
qualifying under Priority No. E.
G. Private resident and nonresident use.
H. Commercial or profit making groups.
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SPECIFICATIONS FOR AQUATIC C r rcMBAC USERS
A. Deternuning factors of priority shall include, but not be limited to, the number of
I h-City on the playing teams, recognized seasonal sports,
-r ___ - __ °_ ,
and past contributions to facilities by sponsoring groups. This policy shall not be
exclusionary jo any group. Staff has the right to revoke a permit for specific
times if the facility is not being used.
B. Recognized seasonal sports shall be determined where at all possible one year in
advance. All non- seasonal sports shall be accommodated, but scheduled
secondarily to seasonal sports. Special tournaments/ regional playoffs, even if
off - season, shall be accommodated whenever possible. Applicable fees will be
charged to the hosted group. Special events shall be applied for at least six
months in advance and not more than 1$-12 months in advance.
C. Staff will coordinate and chair quarterly meetings to determine equitable use of
available athletic facilities. Groups not satisfied with the results of this procedure
can appeal the staff determinations to the Parks, Beaches and Recreation
Commission. The Parks, BeaEhes & ReEreatien Cenunissien d °�_A
gathering co�n,rnittee members will attend twe of these meetings (early fall an-' early
spring) fer the purpese of: reviewing the sureess of the programs, and
input for needed capital imprevements and pehEy interpretatiens,
D. The Aquatic Cent__ MBAC may be closed for periodic maintenance and
renovation at a time determined by Sclieel staff to be least
disruptive to all parties.
E. Any group claiming nonprofit status must submit, at request of staff, a copy of
the group's constitution, bylaws or rules and regulations. Membership and
meetings or activities must be open to the public. Fees, donations or admissions
charged by the group must be limited to essential expenses of the group. The
group treasurer will be required to submit a financial report following each
activity when any of the above is collected. A,..:..ifies shall net inzveWe
individual gain -e. be in the nature e£a eoi�ia 2 tee
FEES AND DEPOSITS
A. The fees charged for use of the Aquatic Center MBAC ;b- -11 be e .. }abli..he are in
accordance with the Master Fee Schedule which is annually and periBdiEa4y
adjusted by a- resolution of the City Council
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B. The intent of these fees shall be that the Mafian Bei:gesen AranterMBAC
be operated on a self- supporting basis.
C. The Newport Mesa Unified fied C,.1.00 District NMUSD requires a custodial fee from
groups to clean and maintain the facility both during and after a rental.
Adopted - June 25, 1990
Amended - January 24,1994
Amended & Reassigned - April 8, 2003
Formerly I -24
Formerly I -11
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PUBLIC USE OF CITY FACILITIES
PURPOSE
B -13
City of Newport Beach (City) facilities, which include parks, playing fields,
gymnasiums, community rooms and swimming pools, are available to the public for
civic, social, educational, athletic and cultural activities. It is the intent of this Policy to
provide use regulations and application and scheduling procedures to accommodate all
groups that wish to use City facilities.
PROCEDURE
A. Applications to use the City facilities must be made on forms provided by the
Recreation & Senior Services Department (Department). — Applicants must
provide all information as may be required by the Department to assure
compliance with the requirements and regulations of this Policy.
B. Applicants will be required to pay a security deposit in an amount that will
promote use of the Recreation & Senior Services facilities in an orderly manner
without damage to the facilities. Security deposits will be refunded upon
inspection of facilities and confirmation that no property damage has occurred.
C. Applicants will be required to acknowledge that neither the City nor the
Recreation & Senior Sees Department assumes any liability for injury or loss
of personal property. Prior to the use of the facility, the application must have
approval of the Recreation & Senior Services Director or designated
representative.
D. Approval or denial of an application will be provided within five working days
of receipt of a completed application.
E. Reservations for use of ReEi:eatian , Se log- Sees - Department facilities may be
made up to six months in advance, but no later than five working days before the
event. Any organization using City facilities on an ongoing basis shall notify the
n..cre . ioi. r_ Senior c,.Fy Department when there is a change of officers or of
organizational policy.
F. The City of Newport Bemis not liable for any and all accidental injury to any
and all persons or loss or damage to group or individual property. When it is
deemed to be in the best interest of the general public, the City of Newport Beach
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will require the permittee to furnish a Certificate of Insurance naming the City of
Newport Beach as an additional insured. The amount of the insurance shall not
be less than $1,000,000 per occurrence of commercial general liability insurance.
G. A contract shall not be transferred, assigned or sublet. All contracts will be
issued for specific facilities and for specific hours, and the premises must be
vacated as scheduled.
H. The application must be completed and signed by an adult age 21 and over who
will attend, supervise and be responsible for the entire event or activities. Proof
of residency may be required at the time of application in order to receive the
resident rate.
REGULATIONS AND RESTRICTIONS
All uses of Recreation r_ Senior Service,, Department facilities will be subject to the
following regulations and restrictions:
A. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the TJ,.c- e; iei; -_ seni,._ c,,...,;Ees Department,
except beer and wine may be served for special occasions at the OASIS Senior
Center multi- purpose room when done in compliance with State Alcohol
Beverage Control regulations and approved in writing by the Recreation &
Senior Services Director. Approval to serve beer and wine at the OASIS Senior
Center shall not be deemed to approve service of alcohol in violation of Section
25604 of the Business and Professions Code. The Recreation & Senior Services
Director will require the permittee to pay City costs to provide additional
security.
B. Smoking is prohibited in all City facilities including restrooms and with 20 feet of
all entrances, windows and within 25 feet of all playgounds.
C. For all indoor facility rentals involving young people, 18 years and under, there
shall be at least one adult for every 20 minors, or increments thereof, in
attendance, who shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the RecreatioR
Senior 4ces- Department.
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B -13
E. Non - profit 501 (c) (3) groups may use the facility for fundraising activities and
charge entrance fees and collect donations provided that a detailed plan of the
event, including the expenses, marketing plan and procedure for collecting fees,
is submitted with the rental application. The group treasurer will be required to
submit a financial report following any such activity.
F. Facilities and equipment are to be left in the same condition as they were prior to
the rental. The permittee is responsible to pay for any damage to property or
loss of property. A fee equal to total replacement cost will be charged. It shall be
the responsibility of the permittee to see that unauthorized portions of the
facility are not used. Continued or repeated use of City facilities will be
contingent upon care of the facility, property and equipment, and observance of
all approved rules and regulations.
G. No gambling of any kind shall be conducted on, or in, City facilities, and the
permittee shall insure that no disorderly or illegal conduct shall be allowed in
any facility.
H. The use of public address equipment will be limited to that provided by the
facility, unless written approval has been secured by the Reereatien &- Seni
Serer iees Department through a Special Event Permit.
1. Private groups wishing to collect fees, donations or admission charges will be
considered commercial users.
J. The capacity of City facilities shall not be exceeded.
K. Storage space will not be granted to any ongoing activity or uses.
L. Facilities are not available for reservations on the following holidays: Christmas
Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day,
Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day,
Thanksgiving and Veterans Day.
M. All persons using the facilities shall observe and obey regulations of this policy,
the rules of the Fecreatie E Senior S,._ Department and all applicable City,
State and Federal laws, rules and regulations.
FEE CLASSIFICATIONS - PRIORITIES OF USE
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B -13
Permission for use of City facilities shall be granted on a first come first served basis,
subject to the following priorities:
A. All official n,,,.rea fieR & c,., ieF c,,..,,;ces Department initiated and /or conducted
activities, including those of the Friends of OASIS at the OASIS Senior Center.
B. All official City of Newport Beach activities.
C. All official City co- sponsored groups and /or activities such as community
groups and activities which are non - profit, self governing, privately organized
and of an educational nature which may be brought under the sponsorship of the
Recreation & Senior Services Department.
D. Official public agency sponsored programs and activities not included in A, B,
and C above.
E. Youth Sports Commission Member Organizations.
F. Resident non - profit youth serving organizations with 50% or more of
membership consisting of Newport Beach residents.
G. Recreational, social or civic activities of groups which are resident promoted and
sponsored by local non - profit* organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents.
H. Recreational or social activities of private Newport Beach residents which are not
open to the public.
I. Recreational, social or civic activities and /or groups which are non - resident
promoted and sponsored by non - profit organizations which are open to the
public, but not qualifying under D above.
J. Schools, colleges, hospitals and other similar civic groups not qualifying under
the definition of non - profit.
K. Others.
* Non -profit status is defined as an organization that is so defined by the Internal Revenue
Service, § 501(c) (3) and has a State of California Tax Identification Number.
FEES, DEPOSITS AND CANCELLATION PROCEDURES
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B -13
Fees may be charged for the use of City facilities and shall be established and
periodically adjusted by the Parks, Beaches & Recreation Commission and approved by
the City Council. Fees are imposed to cover overhead, processing, deposits,
maintenance and replacement costs for application and scheduling and maintenance of
the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the
deposit may be retained by the Recie tion p_ Senior Seiv ees Department after
inspection of the facility by the Recreation & Senior Services Director or a
designated representative and a determination that the facility has not been left
clean and /or in good repair.
B. A separate additional cleaning fee will be charged for rental of the OASIS Senior
Center multi- purpose room.
C. No fee or deposit shall be charged for use of City facilities by the City of
Newport Beach, the -F �^ "� • ,F--QA . .... : 1 • g + _ _. crc - en:io� r Qnte�
r-*---J,`, - CIC irci rn §zui c ozcoxes -CZ
d -g albusiness ti,r " aar °T r events co sponsored by the City of
Newport Beach or its departments, with the exception of set -up charges and fees
for lighting usage.
D. Cancellations for any facility other than the OASIS Senior Center multi - purpose
room may occur seventy -two hours prior to the scheduled use of facilities
without forfeiting fees collected by the City, with exception of a City service
refund processing fee. Cancellations with less than seventy -two hours notice will
be charged a cancellation fee established by resolution of the City Council. In the
event of cancellation by the City, notice will be given as far in advance of the
scheduled use as possible.
E. Cancellation of rentals by users for the OASIS Senior Center multi- purpose room
that occur less than thirty days prior to the scheduled use of the facility will be
charged 25% of the rental fee. Cancellations with less than seventy -two hours
notice will be charged the entire rental fee.
Adopted - May 26,1998
Amended - May 8, 2001
Amended - April 23, 2002
Amended & Reassigned - April 8, 2003
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Amended - July 22, 2003
Formerly I -25
B -13
C]
MI
TEMPORARY SIGNS WITH SPONSORSHIP RECOGNITION
IN CITY PARKS AND BEACHES
Temporary signs which recognize sponsorship of City sponsored or co- sponsored
sports programs may be posted in a City park or beach when the signage complies with
the criteria set forth in this policy. The Recreation & Senior Services Director will
require that sponsorship signs meet the following guidelines and that any other
approvals which may be required are obtained:
A. The signage must relate to a program sponsored or co- sponsored by the City of
Newport Beach.
B. The signage must:
1. Not exceed twenty -four (24) square feet in size;
2. Be posted in a location not visible from public streets and pre- approved
by the Recreation & Senior Services Department;
3. Be posted only during the designated priority season for that sports
group;
4. Be aesthetically appealing, with consideration for the surrounding area.
C. No signage related to far-alcohol or tobacco is pernutted.
D. The applicant is responsible for placement and removal of signage and for
storage, damage, theft, or loss of any sign posted.
Adopted - September 14,1998
Amended & Reassigned - April 8, 2003
Amended - April 13, 2004
Formerly 1 -26
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STATEMENT OF INVESTMENT POLICY
PURPOSE
F -1
To set forth the City's policy concerning the investment of temporarily idle funds. It is
the policy of the City to invest funds not required for immediate expenditures.
Investments will be in compliance with governing provisions of law and the policy
contained herein. Primary investment goals are security of principal, adequate liquidity
maintenance, and yield, in that order. Investments shall be placed only in securities as
outlined below. The balance between various investment instruments may change in
order to provide the City with the best combination of yield, liquidity, and a
consideration for other factors, such as placement of an appropriate percentage of
available investment funds locally. It shall be the main responsibility of the City
Council, in adopting this policy and reviewing the investment holdings on a monthly
basis, to preserve the investment principal.
INVESTMENT AUTHORITY
Under the direction of the City Manager, the investment authority has been delegated
to the Director of Administrative Services, who is responsible for administration of the
City's investment program, and who shall thereafter provide a monthly report
regarding the status and changes in the City's investment portfolio to the City Council.
Tlus authority shall be renewed annually as part of the review and update of this
Policy. In addition to the monthly investment report that is submitted to the City
Council, the Administrative Services Director shall provide more detailed investment
information to the City Council as requested. The City Council shall be briefed directly
by the City's investment advisors on a quarterly basis whenever possible.
Sections 53600 -53601 of the California Government Code provide basic investment
limits and guidelines for government entities. In the event an apparent discrepancy is
found between this policy and Sections 53600 - 53601, the more restrictive parameters
will take precedence.
FINANCIAL INSTITUTIONS
The City shall not deposit funds with any financial institution not receiving a minimum
overall satisfactory rating for meeting the credit needs of California Communities in its
most recent evaluation ( §53635.2).
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LIQUIDITY
Sufficient funding to accommodate at least two- week's projected cash outflow is to be
maintained in immediately available investments, such as the State Local Agency
Investment Fund, maturing certificates of deposit, or similar liquid instruments. An
analysis of cash flow must be conducted at least weekly to serve as the basis for
determining appropriate maturities for investments. At no time shall the liquid cash on
hand be less than 5 percent of the City's total investment portfolio. For purposes of this
policy, cash on hand includes all cash and investments accessible within 48 hours.
ACCEPTABLE INVESTMENT INSTRUMENTS
The following. are types of investments made by the City and the guidelines for
investing in each. In all cases, investments shall be made in the context of the "Prudent
Man nvestor Standard," role, spelled out in the California Government Code, Section
53600.3 as follows:
"When investing, reinvesting, purchasing, acquiring, exchanging, selling,
or managing public funds, a trustee shall act with care, skill, prudence,
and diligence under the circumstances then prevailing, including, but not
limited to, the general economic conditions and the anticipated needs of
the agency, that a prudent person acting in a like capacity and familiarity
with those matters would use in the conduct of funds of a like character
and with like aims, to safeguard the principal and maintain the liquidity
needs of the agency. Within the limitations of this section and considering
individual investments as part of an overall strategy,
investment may be acquired as authorized by law."
In this light, the City of Newport Beach does not purchase or self securities on margin.
Additionally, any institution, which holds either the collateral or the investment
instruments themselves in safekeeping for the City, must maintain at least one billion
dollars ($1,000,000,000) in assets.
A. Certificates of Deposit
Only fully collateralized certificates of deposit with FDIC insured institutions
will be utilized in investment of City funds. Government securities having a
market value of 110 percent of the total amount of investment are acceptable as
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collateral. Noncollateralized CD investments may be made in amounts less than
$100,000 so long as they are fully insured by the FDIC.
Not more than 10 percent of the City's investment portfolio shall be invested in
certificates of deposit with any one institution. CD's will not be placed for a
period of longer than one year. Further, an institution must meet the following
criteria to be considered by the City:
1. The institution must maintain at least $1 billion in assets ($100 million for
fully insured CD's of $100,000 or less).
2. The institution must have been in business at least three years.
3. The institution must have a net worth to asset ratio of at least 6 percent.
4. The institution must place and maintain on file with the City an audited
financial statement not more than one year old.
5. Interest shall be paid to the City on a monthly basis.
B. Negotiable Certificates of Deposit
As a matter of policy, the City invests in Negotiable Certificates of Deposit only
with U.S. Banks whose underlying securities are rated A -1 or P -1 by one of the
top two rating agencies and having assets in excess of $10 billion, so as to insure
security and a large, well - established secondary market. Base of subsequent
marketability is further ascertained prior to initial investment by examining
currently quoted bids by primary dealers and the acceptability of the issuer by
these dealers. No one issuer shall exceed more than 10 percent of the portfolio,
and maturity shall not exceed one year. The California Government Code
Section 53601 limits investment in negotiable certificates of deposit to 30 percent
of the portfolio.
C. Bankers Acceptances
The City may invest only in Bankers Acceptances issued by the 100 largest banks
in the world, which are eligible for purchase by the Federal Reserve System, the
short term paper of which is rated at the highest category by Moody's and
Standard & Poor's. In the case of foreign banks, the Bankers Acceptances must
3
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be written by their U.S. branches. Maximum maturity shall be 180 days. No
more than 30 percent of the City's overall investment portfolio shall be placed in
Bankers Acceptances, with no more than 10 percent of the City's portfolio
invested in the banker's acceptances of any one commercial bank.
D. U.S. Treasury_Issues
The City may invest in treasury notes, bills and bonds. Maximum maturity of
any U.S. Treasury issue shall be five years.
E. Federal Agency or United States Government- Sponsored Enterprise Obligations
Securities of this type that are acceptable for the City's investments are Federal
National Mortgage Association, Federal Home Loan Bank notes, Federal
National Mortgage Association notes, Federal Farm Credit Bank notes, Federal
Home Loan Mortgage Corporation notes, or any other U. S. Government Agency
security.
F. Commercial Paper
The City may only invest in commercial paper of "prime' quality with the
highest ranking or of the highest letter and number rating as provided for by a
nationally recognized statistical- rating organization (NRSRO). The entity that
issues the commercial paper shall meet all of the following conditions in either
paragraph (1) or paragraph (2).
1. The entity meets the following criteria: (A) Is organized and operating in
the United States as a general corporation. (B) Has total assets in excess of
five hundred million dollars ($500,000,000). (C) Has debt other than
commercial paper, if any, that is rated "A" or higher by a nationally
recognized statistical- rating organization.
2. The entity meets the following criteria: (A) Is organized within the United
States as a special purpose corporation, trust, or limited liability company.
(B) Has program wide credit enhancements including, but not limited to,
over collateral ization, letters of credit, or surety bond. (C) Has
commercial paper that is rated "A -1" or higher, or the equivalent, by a
nationally recognized statistical- rating organization.
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Commercial paper shall be used solely as a short -term investment not to exceed
270 days. No more than 25 percent of the City's portfolio may be invested in
commercial paper. Investment in commercial paper of any one issuer shall not
exceed 10 percent of the portfolio.
G. Repurchase Agreements ( Repos) and Reverse Repurchase Agreements
Repos and reverse repos shall be used solely as a short -term investment not to
exceed 30 days. The institution from which the City purchases a Repo must
deliver adequate collateral to the City's safekeeping account (either directly or
through a third party safekeeping agent), consisting of U.S. Treasury or Agency
securities at the rate of 102 percent of the face value of the repo. The amount of
this collateral must be sufficient to compensate for fluctuating market conditions.
Repos will only be purchased from Primary Dealers.
The City must own assets for more than 30 days before they can be used as
collateral for a reverse repurchase agreement. No more than 10 percent of the
portfolio can be involved in reverse repos.
H. Passbook Savings Accounts
Savings accounts may be used as a repository for customer deposits, or for
similar purposes. Consistent with the requirements for CD investments, funds
deposited in savings accounts must either be FDIC insured or collateralized.
I. Local Agency Investment Fund (LAIF) (State of California)
State Regulation of LAIF is set forth in California Government Code Section
16429.1. The current limits on any one City investment in this fund is $40
million, and the number of transactions (deposits or withdrawals) is limited to 15
per month. The City's participation in LAIF shall conform to State Regulation.
In general, it is the City's intention to use investment in LAIF as a temporary
repository for short -term funds needed for liquidity purposes. The
Administrative Services Director shall maintain on file appropriate information
concerning LAIF's current investment policies, practices and performance; as
well as its requirements for participation, including, but not limited to,
limitations on deposits or withdrawals and the composition of the portfolio.
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J. County Investment Funds
Los Angeles County provides a service similar to LAIF for municipal and other
government entities. This Fund is available to certain cities outside of Los
Angeles County, including Newport Beach. Investment in this pool is intended
to be used as a temporary repository for short -term funds used for liquidity
purposes. At no time shall more than 5 percent of the City's total investment
portfolio be placed in this Pool. The Administrative Services Director shall
maintain on file appropriate information concerning the county pool's current
investment policies, practices and performance; as well as its requirements for
participation, including, but not limited to, limitations on deposits or
withdrawals and the composition of the portfolio.
The City shall not invest funds with the Orange County Pool.
K. Medium Term Corporate Bonds/ Notes
Investments of this type will only be in corporations rated AA-A or better by
nationally recognized rating services. Maximum term to maturity for individual
securities shall not exceed four years. No more than 30 percent of the City's
investment funds shall be placed in securities of this type.
L. Mortgage- backed Securities and Asset - backed Securities
Investments in securities of this type are limited to mortgage- backed pass -
through securities issued by a US government agency; or consumer receivable
pass - through certificates or bonds. Securities eligible for investment under this
subdivision shall be issued by an issuer having an "A" or higher rating for the
issuer's debt as provided by Moody's Investor Services and S &P. The security
itself shall be rated in a rating category of "AAA" or its equivalent or better by
Moody's Investor Services and S&P. The maximum final stated maturity of any
security of this type shall be five years. No more than 20% of the City's
investment funds shall be placed in securities of this type.
M. Municipal Bonds
Municipal bonds rated AAA, or AA and insured, are acceptable investments for
the City. Investments of this type are limited to obligations of the State of
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California and local agencies within the State. Not more than 15 percent of the
portfolio shall be in investments of this type.
N. Money Market Funds
The City may invest in Money Market Funds subject to the following constraints.
Investment in these funds is primarily intended for short -term "sweep account"
purposes, not for longer -term investments.
1. Shares of beneficial interest issued by diversified management companies
that are money market funds registered with the Securities and Exchange
Commission under the Investment Company Act of 1940 (15 U.S.C. Sec.
80a -1.)
2. The company shall have met either of the following criteria:
a. Attained the highest ranking or the highest letter and numerical
rating provided by not less than two nationally recognized
statistical rating organizations.
b. Retained an investment adviser registered or exempt from
registration with the Securities and Exchange Commission with not
less than ten years' experience managing money market mutual
funds with assets under management in excess of one billion
dollars ($1,000,000,000).
3. The purchase price of shares of beneficial interest purchased shall not
include any commission that the companies may charge.
4. No more than 20 percent of the City's investment portfolio shall
beinvested in money market funds.
5. The City shall invest only in Money Market Funds that have a policy of
maintaining a constant daily net asset value per share of $1.00.
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PROHIBITED INVESTMENTS
Consistent with California Government Code 53601.6, inverse floaters, range notes,
mortgage derived interest -only strips, or any security that could result in zero interest
accrual if held to maturity are specifically prohibited, except to the extent that they are
shares of diversified management companies registered under the Investment
Company Act of 1940.
The City shall not purchase any security rated Al and or A+ or below if that security
has been placed on "credit watch" for a possible downgrade by either Moody's Investor
Services or Standard and Poor's.
Investments not specifically approved by this policy are prohibited.
ASSET/ INVESTMENT MANAGEMENT AGREEMENTS
The City may employ the services of asset/ investment management companies. Such
companies must have a history of producing no losses and relatively high net returns.
They must also be well established and exceptionally reputable. Members of the staffs
of such companies who will have primary responsibility for managing the City's
investments must have a working familiarity with the special requirements and
constraints of investing municipal funds in general and this City's funds in particular.
They must contractually agree to conform to all provisions of governing law and the
collateralization and other requirements contained herein. At no time shall more than
30 percent of the City's total investment portfolio be placed in any one investment
management account. In order to implement this requirement, the City's portfolio
assets will be reallocated annually among its investment managers.
SAFEKEEPING / THIRD PARTY CUSTODIANS
.All cash and securities in the City's portfolio, including those that are being managed
by private sector asset/ investment management companies, shall be held in
safekeeping in the City's name by a third party bank trust department, acting as agent
for the City under the terms of a custody agreement executed by the bank and the City.
The City will contract separately with major banks or other well - established, reputable
financial institutions, which provide custodial services to maintain custody of cash and
securities in the City's portfolio. In the case of a major financial institution, the City
may have an asset/ investment management relationship, and a custodial relationship,
with the same entity. However, the services must be provided by separately managed
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departments within that entity, and the City's assets must be held in the City's name
completely separate and distinct from the assets of the institution and from all other
portfolios managed by the institution.
All securities will be received and delivered using standard delivery versus payment
(DVP) procedures, the City's safekeeping agent will only release payment for a security
after the security has been properly delivered. The only exception to the foregoing shall
be depository accounts and securities purchases made with: (i) local government
investment pools; and, (ii) money market mutual funds, since the purchased securities
are not deliverable.
BOND PROCEEDS
The investment of bond proceeds will be made in accordance with applicable bond
indentures.
RATING AGENCY CHANGES
In the event a security held by the City is the subject of a rate drop which brings it
below accepted minimums specified herein, or the security is placed on negative credit
watch, where downgrade could result in a rate drop below acceptable levels, the
investment advisor who purchased the security will immediately notify the
Administrative Services Director or Deputy Director of that fact. The course of action to
be followed will then be decided on a case by case basis, considering such factors as the
reason for the rate drop, prognosis for recovery or further drop, and market price of the
security. The City Council will be advised of the situation and intended course of
action by e -mail or fax.
REPORTING REQUIREMENTS
In addition to the Monthly Investment Report, the City Council and City Manager shall
receive a detailed quarterly listing of all investments in the City portfolio. The report
must show the type of investment, issuer, date of maturity, par and dollar amount of
deposit/ investment, and rate of interest. Quarterly reports from outside investment
managers must also include market valuation of assets under their management and
the source of that valuation, and shall also include a statement of compliance with
investment policy. Current ratings of non - government securities, either Moody's or
Standard & Poor's, will be included.
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In his report to Council, the Director of Administrative Services shall include a
statement denoting the ability of the City to meet its expenditures for the next six
months, and shall also include a statement of compliance with investment policy for
assets under his direct management. In addition, the City Council shall be notified
whenever 5 percent _or more of the total portfolio is invested, withdrawn, or moved
from one Investment Advisor or Pool to another.
Adopted - April 6,1959
Amended - November 9,1970
Amended - February 11, 1974
Amended - February 9,1981
Amended - October 27,1986
Rewritten - October 22, 1990
Amended - January 28,1991
Amended - January 24,1994
Amended - January 9,1995
Amended - April 22,1996
Corrected - January 27,1997
Amended - February 24,1997
Amended - May 26,1998
Reaffirmed - March 22,1999
Reaffirmed - March 14, 2000
Amended & Reaffirmed - May 8, 2001
Amended & Reaffirmed - April 23, 2002
Amended & Reaffirmed - April 8, 2003
Amended & Reaffirmed - April 13, 2004
Amended & Reaffirmed -
I[1]
J'✓
RESERVES/ DESIGNATIONS OF FUND BALANCE
PURPOSE
F -2
To establish City Council policy for the administration of financial reserves and fund
balances. _
DISCUSSION
A. Background. Prudent financial management dictates that some portion of the
funds available to the City be reserved for future use. Future uses are
categorized as either pre - planned projects or unforeseen financial emergencies.
For clarification, the City also has a number of Special Revenue Funds. These
Funds are somewhat similar to reserves in that they act as a repository for money
that can only be used for specific purposes. Reserves are generally distinguished
from Special Revenue Funds in that decisions regarding the purpose and /or the
amounts to be set aside, as well as the circumstances for use, normally fall within
the authority of the City Council. That authority normally rests largely with an
external entity in the case of Special Revenue Funds.
B. Structure and Funding of Reserves. This Policy establishes Reserve Accounts or
designated Fund Balance levels for moneys being held in reserve. In addition,
the sources and eventual use of Reserve Funds are set forth.
It is the policy of the City Council that each Reserve identified herein is to be
fully funded as part of the annual budget process. If operational or other
considerations require the City Council to temporarily override this policy
during any fiscal year, the City Manager will recommend to the City Council a
plan to restore any Reserves falling below required minimum levels. Reserve
levels will be restored as soon as practical, but in not more than 5 years.
Each of the City's fiscal reserves is established and maintained for one of four
purposes listed in general order of importance below. If the reserve
requirements of this policy are unmet in any fiscal year, the City Manager will
recommend funding prioritization to the City Council as part of the Budget.
Use of Reserves. The City Council decides whether to appropriate funds from
Reserve Accounts. Even though a project or other expenditure qualifies as a
proper use of Reserves, the Council may decide that it is more beneficial to use
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current year operating funds or bond proceeds instead, thereby retaining the
Reserve funds for future use. Reserve Funds will not be spent for any function
other than the specific purpose of the Reserve Account from which they are
drawn without a separate City Council Resolution approving that specific action.
Information regarding Annual Budget Adoption and Administration is
contained in City Council Policy F -3.
C. Categories of Reserves.
1. Accounting_ Reserves. Generally accepted governmental accounting
practices require identification of generic reserve funds for certain
purposes. These accounts represent the unspendable portions of fund
balance, such as inventories and long -term receivables, as well as funds
that are legally restricted by some external source, such as debt service
reserves and encumbrances. Reserving funds for a contract awarded in
one year but not completed until a succeeding year is one example of an
accounting reserve for encumbrance.
2. Contingency Reserves. Contingency Reserves represent funds for
unexpected financial emergencies. One example requiring the use of this
Reserve is the adverse impact of natural disasters such as earthquake or
flooding on revenue availability, as well as increased demand for City
services. Other examples are unexpected loss or reduction of a key
revenue source, special projects, programs, or price changes mandated by
another government entity; and emergency capital projects needed to deal
with unforeseen structural failure.
3. Designated Reserves. These Reserves are designated for known or
anticipated events. Such events require large, non - recurring financial
outlay, such as the replacement of systems and equipment or major capital
improvements.
4. Stabilization Reserves. Stabilization Reserves enhance the orderly
management of the Operating Budget by stabilizing revenues and
expenditures, which fluctuate beyond the ability of City staff to control or
predict. One example is the annual change in retirement contribution
rates mandated by the Public Employee Retirement System (PERS). Other
examples are changing prices for utilities and fuel, market value
adjustment for investment earnings, and volatility in certain special
program funding. In the General fund, tThese Reserves will normally be
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established for specific purposes when significant fluctuations to the
normal trend in a particular revenue or expenditure are projected.
"smoothing provide stability by t
fine ifes.
FUNCTION AND ADMINISTRATION OF RESERVE ACCOUNTS
Reserves are identified below by fund, category and specific function. The specific
numbers of accounts where these Reserves are physically located change from time to
time as the overall account structure is updated and modified. However, the Fund
Balance Statement, which is available for ready reference in the City's Annual Budget
document, identifies balances, past -year activity, and projected current year activity for
each of these Reserves.
A. General Fund.
1. Accounting Reserves.
a. Reserve for Inventories. The value of inventories purchased by the
City but not yet issued to the operating Departments is reflected in
tlus account.
b. Reserve for Debt Service. Funds are placed in this Reserve at the
time debt is issued. The provisions governing the Reserve are
established in the Bond Indenture, and the Reserve itself is
controlled by the Trustee.
C. Reserve for Long Term Receivables. This Reserve is used to
identify and segregate that portion of the City's financial assets
which are not due to be received for an extended period, so are not
available during the budget year.
d. Reserve for Encumbrances. This Reserve accommodates spending
for contracts or other items, which are legally committed but not
expended by fiscal year end.
2. Contingency Reserve. This Reserve has a target balance of not less than
twelveen percent (1812 %) of annual General Fund expenditures. The City
Council authorizes expenditures from this Reserve.
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3. Designated Reserves.
a. Capital Improvement. Generally accepted governmental
accounting practices do not provide for the depreciation of assets of
Governmental Funds such as the General Fund. Therefore, special
procedures are required to set aside money (a "sinking fund ") for
replacement or renovation of fixed assets such as, but not limited
to, City Hall and Police Department buildings, Fire Stations, and
Library Branches.
The Capital Improvement Reserve will accumulate and hold funds
only for infrastructure items financed through the General Fund.
Infrastructure assets of Enterprise Funds, as well as those of
Governmental Fund, for which non - general fund money is
available, are not components of this Reserve. Funds from this
Reserve are restricted to replacement or acquisition of periodic,
major projects or improvements typically exceeding 0.7 percent
(0.7°x) of the annual General Fund Operating Budget (not including
capital projects). Projects for which this Reserve is intended
generally have the effect of extending the useful lives of
infrastructure items.
The City Manager will update the status of items of the General
Fund infrastructure inventory on an annual basis. I E!Udez� :span
e€�he-The City Manager's budget proposal will include provisions
to set aside advanced funding for anticipated projects, as described
above. The level of advanced funding will be determined by
prudent analysis of the overall financial situation during budget
development each year. Notwithstanding this analysis, funds set
aside for a given project or asset replacement should not exceed be
a plan to fund this Reserve at a le-i-el of not more than one hundred
percent (100%) of the replaee nen xpected cost of each asset by ' ^^
year in w-hieh Feplaee at the time the actual expenditure is
anticipated. The overall target minimum for this Reserve is
$10,000,000.
b. Senior Citizen Site. This Reserve is established by Council Policy
I -5, which specifies that ten percent (10 %) of revenue collected from
rental of facilities at the Oasis Center be set aside for equipment
replacement and /or refurbishment at the Center.
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C. Park Fees. This Reserve contains Park Fees collected by the
construction permit process. Use of Park Fees is governed by
Council Policy I -1, which limits their expenditure to park, open
space, and recreational facilities.
d. Off Street Parking. Newport Beach Municipal Code 12.44.025
establishes this Reserve and governs its administration. Fifty
percent (50 %) of parking meter revenue collected in designated
areas is set aside for acquisition, development, and improvement of
off street parking facilities within those areas.
e. Paramedic Pro jgram .(Hoag). This Reserve was established by the
City in conjunction with debt issuance agreements with Hoag
Hospital. In addition to the original amount(s) deposited to this
reserve, effective July 1, 2000, any excess revenues generated by
this program, after accounting for General City Overhead of fifteen
percent (15 %), shall be deposited to this reserve account for future
paramedic related purposes, to a maximufn of $250;000. Funds in
this reserve account may be used for any paramedic related
purpose as directed by the City Council. Target level fee this -
budget
operations anJ capital expenditures.
f. Recreational Instruction Reserve. City Council Policy I -2
establishes reserves for surfboard replacement and refurbishment,
development of tennis courts, and development of new recreational
activities. The Policy requires twenty percent (20 %) of gross annual
revenues derived from specified recreational classes be set aside.
g. In Lieu Parking Reserve. This Reserve is established by NBMC
12.44.125. The City requires commercial businesses to provide
adequate off - street parking. In some cases where this is not
possible, businesses are afforded the opportunity to pay an annual
fee and use parking spaces in a municipal lot, providing such a lot
is located within specified proximity to the business. This Reserve
is the repository for these fees. Special purposes of the use of these
funds have not been established by the City Council.
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h. Park In Lieu Reserve. This Reserve was established by NBMC
19.52. The City requires dedication of land or payment of fees for
park or recreational purposes in conjunction with residential
development. When fees are paid, the funds are placed in this
Reserve. Specific guidance regarding use of the funds is contained
in 19.52.030 and 19.52.070.
i. Neighborhood Enhancement Reserve A. This Reserve was
established by NBMC 12.44.027, which directs that Revenues from
parking meters in Zone 9 shall be apportioned to this Reserve.
Funds in the Reserve will then be used for the purpose of
enhancing and supplementing services to the West Newport area.
Both the nature of the supplemental services and the definition of
the area served are set forth in the Code Section above.
j. Neighborhood Enhancement Reserve B. This Reserve is almost the
same as Reserve A above. The difference is that this Reserve
pertains to the Balboa Peninsula, and it specifies that fifty percent
(50 %) of the parking meter revenue will be apportioned to the
Reserve. Specific details are contained in the Code Section.
k. Ocean Front Restoration Reserve. In the early 1990's, it was
discovered by survey that improvements to several ocean front
parcels were encroaching onto the public beach. The encroachment
was relatively minor. The negotiated solution was for the property
owners to pay a permit fee each year to the City. Revenue thus
generated may only be used for ocean front restoration projects and
incidental costs of improvements and maintenance to enhance
public access and use of ocean beaches as approved by the City
Council. This Reserve is the repository for those funds. City
Council Policy L -12 contains additional background and details
about the encroachment issue. NBMC 12.44.027 establishes this
Reserve Account, governs its administration, and defines areas in
and purposes for which funds in the account may be spent.
1. Other Designated Reserves. The Administrative Services Director
may add additional designated reserves as required. This will
normally be done in response to new programs or policies
established by the City Council or another government entity
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providing funds to the City. Examples are the Oil Spill Recovery
Reserve and the Public Library Fund Reserve.
4. Stabilization Reserves.
a.(;�i!aJ FZ''rrnd gt biTva zativ°irzResei. TI s Reserve has altar --get balance e
tswe peFeent (2%) of the budgeted nditar -es Nvithin Gener When expendit-ares are required fre
revenues and tNs Resert e, the City r will nete the reasons =_ n A---
preliminary t. The Stabiliza-tien Reserve maybe
salisiertq
I }a. Reserve for Appropriations. This is a temporary repository for
funds not yet fully appropriated in the annual budget. It is
normally used during the budget process to set aside funds for
known or strongly anticipated expenses that will need to be
addressed by budget amendment during the budget year.
Sometimes the dollar amount and /or appropriate account
breakdown for such expenses cannot be specifically identified at
the time the budget is adopted, even though the funds will be
needed. In such cases, the funds will normally be budgeted to the
Reserve for Appropriations.
Fb Change in Fair Market Value of Investments. As dictated by GASB
31, the City is required to record investments at their fair value
(market value). This accounting practice is necessary to insure that
the City's investment assets are shown at their true value on the
balance sheet. However, in a fluctuating interest rate environment,
this practice records market value gains or losses which may never
be actually realized. In any case, it causes the gains or losses to be
recorded well ahead of actual cash flows. Therefore, although
actual cash investment earnings may be relatively stable,
investment income recorded on the City's books will often be
artificially volatile.
From a budgeting standpoint, actual cash investment earnings
should be considered as available for the annual budgeting process,
whereas market value fluctuations should not. Therefore in order
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to mitigate any such adverse budgetary impact, the City records
two Stabilization Reserves related to Market Value fluctuation:
Reserve for Prior Year Unrealized Market Value Gains: This is a
known value that will be reserved annually during the City's
closing process since the early recognition of investment earnings
will reduce the investment earnings potential in the new year.
(Target Balance = to Prior Year MV Gain)
Reserve for Potential Current Year Market Fluctuation: This is a
defensive reserve that may be utilized to avail resources during the
next budgeting cycle if interest rates rise sharply relative to the
investment portfolio's current stated return. (Target should be 2%
of General Fund's position in total Investment portfolio).
4c. PERS Rate Reserve. This Special Subdivision of the Stabilization
Reserve has been established for the specific purpose of helping to
smooth out (for internal budgeting purposes) the year -to -year
fluctuations in PERS rates. PERS rates have been one of the most
volatile and unstable elements on the expense side of the City's
annual budget process. The long -term goal is to budget the normal
cost of PERS rates, setting aside the extra money in this Reserve
when actual rates are below that level. Conversely, when actual
rates are above that level, funds from this Reserve can be drawn
upon. At this wFiting— (2003) s:gpifiRant FERSS rate iflEyeases in the
B. Tide and Submerged Land Fund. Within this Special Revenue Fund, special
Designated Reserves have been created.
Upper Newport Bay Restoration Reserve. This reserve is the repository for funds
mandated by SB573, as well as special fees charged to permit holders as an
alternative to meeting certain specified mitigation criteria. In addition to the
mitigation fees, 107o of Beacon bay lease revenue is placed in this Reserve. Funds
in the Reserve are designated for Upper Newport Bay restoration projects.
Oil and Gas Designated Reserve. This designation was established by the City
with the intent to build a reserve that will provide funding to abandon wells and
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facilities as they go out of service. Annually, $40,000 will be set aside from the oil
and gas field production revenues to fund this reserve.
C. Permanent Endowment Fund (Robinson Skinner Annuity). Similar to the above
Fund, there is a Designated Reserve within this special purpose Fund.
The Newport Bay Dredging Reserve (Robinson- Skinner Annuity). This Reserve
is the repository for the Robinson - Skinner Annuity funds. In general, the
endowment specifies that the principal amount will not be depleted, but that
investment earnings may be used for dredging projects in Newport Bay.
D. Water Fund.
(City Council Policy L -20 contains additional information concerning budgeting
and rate setting within the Water Fund.)
1. Accounting Reserves. The same four Accounting Reserves identified in
the General Fund will also be used in the Water Fund.
2. Contingency Reserve.
Water Svstem Reserve. This Reserve is used for emergency repair to the
water system. The target level for this Reserve is thirty-five percent (35 %)
of the annual budget for operations.
3. Designated Reserves.
Future Water Infrastructure Reserve. This Reserve is used for large
designated projects that are part of the water distribution system. System
replacement/ upgrade and most improvement/ major maintenance
projects are funded within that amount. However, certain large -scale
projects are projected on a ten -year horizon, which is updated and refined
each year. The purpose of this Reserve is to set aside partial funding for
those projects in advance.
Included as part of the City Manager's annual budget proposal will be a
plan to fund this Reserve at a level of not more than one hundred percent
(100 %) of the projected cost of planned projects by the year in wluch
contract award is anticipated. Projected future costs notwithstanding, a
minimum of ten percent (10 %) of the annual budget for operations will be
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set aside to this reserve each year. The City Council must approve the
ultimate fund transfer from this Reserve to a designated Water Enterprise
Fund Capital Project Account as part of the Budget process.
No new funds will be added to Designated Reserves unless Contingency
and Stabilization Reserves are fully funded.
4. Stabilization Reserve.
Water Rate Stabilization Reserve. This Reserve is used for water rate or
fee stabilization to offset large expenditures changes such as water
purchase, energy or treatment costs. The intent of the Reserve is to
provide funds to offset cost increases that are projected to be short - lived,
thereby partially eliminating the volatility in annual rate adjustments. It is
not intended to offset ongoing, long -term pricing structure changes. The
target level of this reserve is twenty -five percent (25 %) of the annual
budget for operations. Funds will be set aside only if target Contingency
Reserve level is met. The City Council must approve use of these funds,
based on City Manager recommendation. See also City Council Policy L-
20.
Change in Fair Market Value of Investments. This Reserve will be used in
the Water Fund in the same manner.it is used in the General Fund.
E. Wastewater Fund.
1. Accounting Reserves. The same four Accounting Reserves identified in
the General Fund will also be used in the Wastewater Fund.
2. Contingency Reserve.
Wastewater System Reserve. This Reserve is used for emergency repair to
the Wastewater system. The target level for this Reserve is seventy
percent (70%) of the annual budget for operations.
3. Designated Reserve.
Future Wastewater Infrastructure Reserve. This Reserve is used for large
designated projects that are part of the City's Wastewater system. Funds
are reserved for large -scale future projects, which cannot be
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accommodated within the annual budget of the year in which they are
planned. In the years prior to estimated contract award, the City
Manager's budget proposal will include a plan to set money aside in this
Reserve sufficient to accumulate not more than one hundred percent
(100 %) of the projected cost of such projects. Projected future costs
notwithstanding, a minimum of ten percent (10 %) of the annual budget
for operations will be set aside to this reserve each year. The City Council
must approve the ultimate fund transfer from this Reserve to a designated
Wastewater Enterprise Fund Capital Project Account as part of the Budget
process.
4. Stabilization Reserve.
Wastewater Rate Stabilization Reserve. This Reserve is used for
wastewater rate or fee stabilization to offset large expenditure changes
such as energy or operational costs. The intent of the Reserve is to
provide funds to offset cost increases that are projected to be short - lived,
thereby partially eliminating the volatility in annual rate adjustments. It is
not intended to offset ongoing, long -term pricing structure changes. The
target level of this reserve is twenty -five percent (25 %) of the annual
budget for operations. Funds will be set aside only if target Contingency
Reserve level is met. The City Council must approve use of these funds,
based on City Manager recommendation.
Change in Fair Market Value of Investments. This Reserve will be used in
the Wastewater Fund in the same manner it is used in the General Fund.
F. Internal Service Funds.
Internal Service Funds receive moneys from departmental operating budgets.
There are two Internal Service Funds: the Equipment Maintenance and
Replacement Fund, and the Insurance Reserve Fund.
One of the functions of Internal Service Funds is to act as reserve accounts.
1. Equipment Maintenance and Replacement Fund. The Equipment
Maintenance and Replacement Fund receives operating moneys from the
Departments to provide equipment maintenance and to fund the regular
replacement of major pieces of equipment (mostly rolling stock) at their
economic obsolescence.
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a. Equipment Maintenance Account. In order to provide adequate
funds for unexpected extraordinary costs due to damage or
mechanical failure to a large piece of equipment, five percent (5 %)
of the total annual budget for equipment maintenance is retained in
the Fund.
b. Equipment Replacement Account. Departmental operating funds
are charged amounts sufficient for the replacement of rolling stock
in accordance with Council Policy F -9. Equipment replacement
needs vary from year to year; therefore the year -end Fund balance
will fluctuate. It will increase substantially in the years preceding
major purchases or when an unusually large percentage of the fleet
is scheduled for replacement. The City Manager annually
determines and adjusts the rates for collection of funds from the
Departments based on pricing, future replacement schedules, and
other variables.
2. Insurance Reserve Fund. The operating budgets of City's Departments
are charged for Liability, Workers' Compensation, and Compensated
Absences.
a. Liability and Workers' Compensation Accounts. These accounts
each serve three purposes:
Payment of insurance premiums;
Payment of the deductible (self - insured retention) for liability or
workers' compensation claims;
Reserve for future claims.
i. Collection of Funds. Each year, the City Manager will
determine and adjust the internal collection rates from the
Departments.
ii. Short Term Expenditures. The Budget will account for
projected expenditures during the coming year.
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iii. Future Costs. Money will be set aside each year to
accommodate projected long -term cash outflow. The annual
funding level will be sufficient to offset the estimated cost of
known claims. Resolution of most claims falls within a
three -year window. At this time, the target fund balance
_ each year is eighty percent (80 %) of the estimated overall
liability for known or anticipated claims, based on the City's
general experience in the past.
3. Compensated Absences Fund.
a. Background. Employee benefits such as accumulated flex leave,
vacation leave, and sick leave, have a cash value. Accounting
practices require that the book value of the City's compensated
absences liability reflect the cash outflow as if all absences were
cashed out immediately. Much of this cash outflow will never
occur, since the benefits will be taken in the form of time off, rather
than cash. Additionally, the cash outflow could occur all at once
only if the City dissolved and made full payment for all
accumulated leave amounts.
The largest portion of leave -to -cash conversion is at an employee's
retirement. That amount can be estimated with reasonable
accuracy.
b. Policy and Practice. The City will fund an appropriate amount, but
not the entire long -term book liability, for compensated absences.
i. Each year, the City Manager will project the amount of
expected short -term cash liability for compensated absences
and budget expenditures from the Compensated Absences
Account.
ii. The City Manager will establish a target closing balance that
will fund not less than twenty-five percent (25 %) of the long-
term liability for compensated absences.
4. Retiree Medical Fund Reserve. The City has established a special program
whereby medical insurance costs of its retirees are partially offset by
limited contributions from the City and members of the active duty
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workforce. In addition to covering each year's required costs on a "pay as
you go" basis, a special Reserve has been established for the long -term
accumulation of money to offset the unfunded liability of this program.
The City contributes $20 per full -time active employee per month to this
Reserve, and each full -time active employee contributes $10 per month.
This Reserve is the repository for these long -term accumulation funds.
Money in this Reserve is not to be used to partially offset annual costs of
the program at any time until the unfunded liability of the program is
fully covered by the balance in the Reserve. At that point, funds in the
reserve may be depleted for use in paying annual expenses, or replenished
each year if inadequate, depending on the status of the unfunded liability.
The goal is for the balance in the Reserve to cover the unfunded liability
on an ongoing basis.
Adopted - January 24,1994
Amended - April 10, 1995
Amended - April 27,1998
Amended - March 14, 2000
Amended - May 8, 2001
Amended - April 23, 2002
Amended - April 13, 2004
Amended -
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BUDGET ADOPTION AND ADMINISTRATION
PURPOSE
F -3
To establish the policy for the preparation, adoption, and administration of the City's
Annual Budget. _
POLICY
A. Revenues and Expenditures. With rare exceptions, the City's policy is to identify
and separately budget and account for revenues and expenditures. However, in
some cases the Administrative Services Director may determine that certain
funding coming in to the City is more properly reflected as abatement to an
expense than as revenue; or that certain expenditures of funds are more properly
reflected as abatements to revenue than as expenses. The Accounting Division
will keep note of all such entries, and maintain the ability to separately identify
the component transactions. Examples of transactions where such recording is
often appropriate are earnings on compensating balances, which directly offset
the City's expenditures for banking services; and credit card processing charges,
which decrease actual revenue received.
B. Organization and Development of the Annual Budget. Each year the City shall
prepare and adopt, by formal Resolution, an annual budget as required by the
City's Charter and as provided for in the City's Budget Instructions.
The Annual Budget is published in three volumes, the Resource Allocation Plan
(RAP), the Budget Detail and the Capital Improvement Program (CIP). The RAP
provides an overview of each department's mission, functions, statistical
information, and budget. It also provides summary information regarding the
Capital Improvement Program, as well as summary information for budgeted
and historical overall City revenues, expenditures, and fund balances. The
Budget Detail contains line by line information regarding operating expenditures
for the prior year, current year and budget year. The CIP document provides a
summary of current and future planned projects, basic descriptions of each
project, the funding source and the scope of work to be performed.
The City programs expenditures into four classifications. These are Salaries and
Benefits, Maintenance and Operations, Other Charges, and Capital Expenditures.
Capital Expenditures are subdivided into Capital Outlay, which is generally
used for items of operating equipment or other purchases in excess of $500, and
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Capital Projects, which generally deal with Public Works related improvements
for a distinct and identifiable purpose and function. Policy guidelines regarding
budgeting for upkeep and improvement of City buildings are as follows.
• Cleaning, maintenance, and minor repair expenses are funded within
departmental Maintenance and Operations budgets. This includes
janitorial, limited painting, and routine electrical, plumbing, and minor
structural repairs.
• Most capital equipment outlays are also budgeted at the department level.
These include expenditures for furniture (free- standing and most built -
ins), carpet replacement, and electronic equipment.
• Building expenditures that are for a more substantial and relatively
infrequent purpose are funded as Capital Improvement Projects above the
departmental level. These include such items as roof replacements,
significant plumbing and /or electrical upgrades, or remodels involving
structural changes.
Budgeted Expenditures for all four classifications are aligned in the Budget
Documents by Department Budget Units, which usually coincide with Operating
Divisions within the City's organizational structure; and, separately, by Capital
Projects. Therefore within each Division Budget, there will be sections for
Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital
Outlay,
During December of each year, the Administrative Services Department shall
prepare preliminary fund balance estimates for the current year and preliminary
revenue estimates for the next fiscal year. In January of each year, the
Administrative Services Department shall prepare a budget calendar and issue
budget instructions and expenditure detail to each department for use in
preparation of the next year's City budget. Included in these instructions will be
budget guidelines and appropriation limits for each department. These
guidelines will be developed by the Administrative Services Director and
approved. by the City Manager. In accordance with City Council Policy F -2
(Reserves/ Designations of Fund Balance), the status and possible changes in
Reserve Accounts shall be addressed as part of this process.
After submission of revenue and expenditure appropriation requests by each
department, the Administrative Services Department shall summarize the
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requests for review by the City Manager and Department Heads. After review
by the City Manager and Department Heads, the Administrative Services
Department shall prepare the City's proposed budget for the next fiscal year and
shall submit said proposed budget to the City Council. Thereafter, the City
Council shall hold as many budget study sessions as it deems necessary. Council
budget study sessions shall be recorded. 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.
The City Council shall hold a budget hearing and shall adopt a budget on or
before June 30 as required by the City Charter.
C. Administration of the Annual Budget. During the budget year, Department
Heads and their designated representatives may authorize only those
expenditures that are based on appropriations previously approved by City
Council action, and only from accounts under their organizational responsibility.
In addition, budget expenditures may only be authorized in the year
appropriated. Any unexpended appropriations, except valid encumbrances,
expire at fiscal year end unless specifically reappropriated by the City Council
for expenditure during the new fiscal year. Department Heads are responsible
for not authorizing expenditures above budget appropriations in any given
expenditure classification within their purview, without additional
appropriation or transfer as specified below.
1. New Appropriations. During the Budget Year, the City Council may
appropriate additional funds for special purposes by a City Council
Budget Amendment. The City Manager has authority to approve requests
for budget increases not to exceed $1510 000 in any Budget Activity or
Capital Project. (This must be specifically included in each year's Budget
Resolution to remain valid.)
2. Grants & Donations. The City Manager may accept denatiens er grants or
donations of up to $15000-30,000 on behalf of the City. However, if a new
or additional appropriation is required, the City Manager's authority to
create new appropriations is limited to $10,000 as stated above. and
appy-epriate the fund s far- the pa pese intended. The City Council will be
formally notified of such actions on a quarterly basis by way of the City
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Manager newsletter to the City Council. (This provision must be
specifically included in each year's Budget Resolution to remain valid.)
Additionally, grant appropriations approved by City Council may be
carried forward to the following fiscal year(s) as long as the grant terms
remain valid, the expenditures are consistent with the previous Council
authorization, and the funds would otherwise need to be returned to the
granting or donor agency. Also, see Council Policy F -25 for specific gant
acceptance and administration procedures.
Grant contracts and restricted donations in excess of $35000 must be
specifically approved by the City Council. Often such a grant is approved
the program activity will take place and therefore, thetherefore, the funds
are not appropriated to carry out the grant at that time. In such cases, the
City Manager may appropriate the funds when they are received,
provided the expenditures clearly meet the amount, terms, nature and
intent of the grant or donation previously approved by City Council.
3. Assessment District Appropriation. Assessment district projects are
typically funded by property owner contributions and bond financing
secured by property assessments. City staff will initially seek
appropriation to advance City resources for the assessment engineering
and the design work related to a proposed assessment district. Since the
City's advance is at risk until a district is formed at a public hearing, the
appropriation related to advanced resources shall be subject to the normal
budget policies. However, once the district has been formed at a public
hearing, the City Council will adopt a "project- length" budget for the
district and City staff will be allowed to roll the appropriations forward
into future fiscal years without rebudgeting the project through the formal
CIP process.
When assessment bonds are issued to finance the improvements, the bond
issuance costs are estimated at the maximum amount that would be
required to complete the improvements because it is not known how
many property owners will opt to pay the assessment in full during the
cash collection period. Finance staff will also have the authority to reduce
Council appropriations (related to bond issuance costs) after bonds are
resized and sold.
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4. Transfers. During the fiscal year, actual expenditures may exceed budget
appropriations for specific expenditure line items within departmental
budgets. If a total departmental budget, within a specific Classification, is
not exceeded, the Administrative Services Director has the authority to
transfer funds within that Classification and Department, to make the
most efficient use of funds appropriated by the City Council. (Salaries
and Benefits, Maintenance and Operations, Other Charges, and Capital
Expenditures are the City's four Classifications.)
5. Realignments. Further, funds may be realigned between one Department
Budget Activity and another, within the same Classification, with City
Manager approval. For example, if a Fire Department function and the
employee who accomplishes it are replaced by a slightly different function
assigned to the Police Department, the City Manager may authorize the
transfer of appropriate funds to support this function.
6. Reprogramming. Any reprogramming of funds among the four
Classifications (Salaries and Benefits, Maintenance and Operations, Other
Charges, and Capital Expenditures) within a given fund requires the City
Manager's approval. Any budget revision that changes the total amount
budgeted for any fund (other than the minor provisions contained in
paragraphs B.I. and B.6.b.) must be approved by the City Council.
7. Capital Projects. The Department Head having primary responsibility for
a Capital Project (usually the Public Works Director) is authorized to
encumber and approve subsequent expenditure of City funds for Capital
Projects. However, contracts in excess of $30,000 require specific City
Council authorization at the time of contract award. In addition, any
contracts not of format and wording already approved by the City
Attorney require specific City Attorney review and approval prior to
contract award.
Once a contract has been awarded, change orders may be approved by the
Public Works Director, or other Department Head having responsibility
for the Project, so long as the net total amount committed to the Project
remains below 110 percent of the original contract award amount, and so
long as the original amount appropriated for the Project by City Council is
not exceeded.
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Change orders exceeding the above thresholds may be approved by the
City Manager as follows:
a. Total spending for any single contract may not exceed 125 percent
of the original contract award amount without City Council
approval. In certain situations the Public Works Director and the
City Manager may determine that a change order exceeding this
125 percent threshold is needed, and that the timing is such that a
work stoppage or other undesirable consequence will result if
approval of the change is delayed until the next City Council
meeting. In those instances, the City Manager may approve a
change up to 150 percent of the original amount. However, the
City Manager will notify all City Council Members individually if
this situation develops, and if there are any objections to the
increase, a special meeting of the City Council will be called to
address the issue.
b. The total amount authorized for a capital improvement project may
be increased by transferring funds from one Project to another or
by reprogramming funds from any of the other three classifications
(see C.5), so long as the new total does not exceed 110 percent of
the original amount appropriated by Council.
C. In the event that the transfer or reprogramming action in C.6.a.. or
C.6.b. above would result in a material reduction in the scope of the
capital project or other City activity from which funds are to be
withdrawn, City Council authorization is required. For example,
the movement of five percent (5 %) of the funding from one large
project to another large project of the same general category could
be approved by the City Manager, whereas the elimination or
significant reduction of two small, unrelated projects to provide
funds for a five percent (5 %) increase in a much larger project
would require City Council approval.
In all instances, notification of any changes to capital project contract
amount or budget authority must be communicated to the Administrative
Services Director.
All unexpended and unencumbered capital projects will be canceled on
June 30 of each fiscal year. The appropriation balance of these canceled
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projects will be recorded in the Reserve for Capital Improvements or
another appropriate Reserve Account by the Administrative Services
Director at fiscal year end (see also paragraph D.2. below).
8. Reserves. Funds from unappropriated contingency reserves may be
transferred to active Classification accounts only by City Council Budget
Amendment.
D. Additional City Council, City Manager, and Administrative Services Director
Responsibilities. The Administrative Services Director is responsible for
checking purchase requests against availability of funds and authorization as per
the approved Budget. The City Manager is responsible for approving
expenditures which do not conform to the approved Budget, but which fall
within the exceptions noted in this policy statement. It is the responsibility of the
City Manager to administer the City's budget within the framework of policy
and appropriation as approved by the City Council.
1. Special City Council Expenditure Approval. Once the final Budget has
been approved by the City Council, specific City Council approval to
make expenditures consistent with the Budget will not be required, with
two exceptions (see also Purchasing and Accounts Payable Procedures):
a. Capital Projects in excess of $30,000.
b. Consultant Contracts in excess of $30,000.
All other budget administration actions, including the routine filling of
vacancies in staff positions authorized within the Budget, will not require
further City Council approval. However, new positions and other new
expenditures do require City Council approval, and the City Council and
City Manager reserve the right to impose any special fiscal control
measures, including a personnel hiring freeze, and other spending
controls, whenever circumstances warrant. Since the annual Budget is
approved by formal Resolution, a request by a City Council Member for
review of a portion or portions of the Budget, with a view toward
changing amounts appropriated or the purposes for which they were
appropriated, requires a majority vote of the City Council.
2. At fiscal year end, the Administrative Services Director is authorized to
realign, reprogram, and /or transfer money among accounts within each
Fund in order to close the books of accounts of the City of Newport Beach
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in accordance with generally accepted governmental accounting
principles as established by the Government Accounting Standards Board,
Government Finance Officers Association, and other appropriate
accounting or auditing pronouncements. Any net shortage within a Fund
will be recorded as a decrease in Fund Balance and reported to the City
Council. Any net excess will be recorded as an increase to one or more
appropriate Reserve Accounts as recommended by the Administrative
Services Director and approved by the City Manager. (Information
regarding appropriation of Funds from the Reserve Accounts is contained
in City Council Policy F -2.)
Adopted - January 24,1994
Amended - February 27,1995
Corrected - February 26, 1996
Amended - May 13,1996
Amended - May 26,1998
Amended - August 8, 2000
Amended - May 8, 2001
Amended - April 23, 2002
Amended - April 8, 2003
Amended - April 13, 2004
Amended -
Formerly F -10, F -11, F -12, and F -21
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ANNUAL AUDIT
PURPOSE
F -15
To establish City policy regarding contracting for annual audit services from an external
accounting firm. _
POLICY
Consistent with the practices of other cities, as well as larger corporations in the private
sector, the City Council retains the services of an external accounting firm to audit the
City's financial procedures and records on an annual basis. The primary staff point of
contact for this contract and the day to day work done by the auditors is the
Administrative Services Director, but the auditors will have direct access to the City
Manager or City Council on any matters they deem appropriate.
The financial statement audits will be conducted in accordance with generally accepted
auditing standards as promulgated by the American Institute of Certified Public
Accountants in their audit guide, Audits of State and Local Governmental Units, and
will accordingly include such tests of the accounting records and such other auditing
procedures. The accounting and reporting principles adopted by the Governmental
Accounting Standards Board will be applied.
The compliance audit, the Single Audit, of the City will be performed as a single audit
as defined in Office of Management and Budget (OMB) Circular A -128 Audits of State
and Local Governments. The audit will encompass all Federal funds administered by
the City. Furthermore, it will be conducted in accordance with the provisions of:
Government Auditing Standards (1988) promulgated by the U.S. General Accounting
Office, which pertain to financial and compliance audits, Compliance Supplement for
Single Audits of State and Local Governments.
After soliciting and receiving written proposals from interested accounting firms, the
City will normally award an audit contract for a #hr-eefour -year period. The audit
contract may be renewed for an additional three our-year period, without going
through a new invitation for bid procedure, with the same firm, if the City Council is
satisfied with the performance of the auditors and authorizes the extension. Only one
such extension is authorized without going through formal bid procedure.
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F -15
After audit results have been communicated to the City, the Administrative Services
Department is then responsible for responding to all findings within six months to the
City Council and appropriate regulatory agencies.
Adopted - January 24,1994
Amended - February 27,1995
Corrected - February 26, 1996
Amended -
Formerly A -14
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GRANT ADMINISTRATION
PURPOSE
lvdi
To establish guidelines for the application, acceptance, administration, and financial
reporting of grants including, but not limited to federal, state, local, and restricted
donations (also considered grants for the purpose of this policy).
POLICY
A. Grant Application and Responsibility
Individual departments are encouraged to investigate sources of funding
relevant to their respective departmental activities.
The individual department applying for a grant or receiving a restricted
donation shall generally be considered the Program Administrator of the grant.
The Accounting Division of Administrative Services may assist in the financial
administration and reporting of the grant but the Program Administrator is
ultimately responsible for meeting all terms and conditions of the grant, insuring
that only allowable costs are charged to the grant program and is responsible for
adhering to City budgeting and fiscal procedures. Individual Departments and
Program Administrators are not authorized to execute grant contracts. Grant
contracts should be reviewed by the City Attorney's office and executed by the
City Manager and or City Council.
B. Grant Acceptance & Appropriation by City Council
Even though the funding source for an activity may be provided by a
grantor /donor, only City Council can appropriate funds for official City
activities except as authorized by Council Policy F -3 (Budget Adoption and
Administration). Therefore, prior to the acceptance of a grant, the City Manager
and City Council shall:
1. Approve the terms and conditions of the proposed grant including
the specific City obligations that may be created by the grant
contract in terms of required City matching expenditures or staff
activities, even if the expenditures were previously appropriated through
the budget adoption process.
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2. Approve budget appropriations for the grant expenditures and
City matching expenditures unless previously appropriated
through the budget adoption process.
3. Approve and execute the Grant Contract(s).
Note: The City Council review and approval of items 1 and 3 are not
required if the grant is under $30,000 however, Council expenditure
appropriation is required for all new appropriations in excess of $10,000
or as otherwise specified by Council Policy F -3.
Any budget amendments requested by the Program Administrator or operating
department shall be reviewed by the Accounting Division of the Administrative
Services Department and submitted as a staff report to the Council for their
review and approval. The Accounting Division of the Administrative Services
Department along with the Program Administrator shall determine the proper
amount of the appropriation request during the current and future fiscal year(s).
C. Timely Reimbursement
The Program Administrator is responsible and should pursue and /or request
grant reimbursements or draw -downs on a timely basis. If requested, the
Accounting Division of the Administrative Services Department will assist with
grant reimbursements or draw - downs. All checks shall be made payable to the
City of Newport Beach and remitted to Program Administrator.
Grant checks should be deposited immediately with the City Treasurer along
with supporting documentation received by the Program Administrator. Copies
should also be forwarded to the Accounting Division of the Administrative
Services Department.
The Program Administrator will keep the Accounting Division of the
Administrative Services apprised of the annual estimated grant revenues and
expenditures and a tentative schedule of cash -flows for the grant program.
D. Financial and Grant Reporting
Grant reporting requirements vary widely by grant and sometimes include
monthly, quarterly, and or annual reporting. Subsequent to the approval of a
grant application, and during the project period, any required reports shall be
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the responsibility of the Program Administrator, or if requested by the Program
Administrator, the Accounting Division of the Administrative Services
Department. Program Administrators submitting their own reports shall
forward a copy of each report to the Accounting Division of the Administrative
Services Department.
E. Grants Containing Direct Federal Assistance of Federal "Pass - Through' Funds
Program Administrators acknowledge that Federal Funds or Federal Funds that
"pass- through" state and local programs are required to be reported on the
City's Schedule of Federal Financial Assistance and included in the City's annual
Single Audit (compliance audit of all Federal Funds). Program Administrators
will identify and keep the Accounting Division apprised of those grant programs
that contain direct Federal Funding or Federal pass - through funds identifying
the Catalog of Federal Domestic Assistance (CFDA) number when at all possible.
F. Record Keeping & Retention Requirements
For the purpose of Grantor inquiries and grant specific compliance audits,
Program Administrators are responsible for maintaining adequate records to
evidence that program activities and expenditures met the terms and conditions
of the grant and that all grant reporting requirements were met timely. Record
retention requirements vary by grant but it is recommended that grant records
should be maintained for a minimum of the life -of- the -grant plus three years,
unless otherwise specified by the grant contract.
G. Documents to be forwarded to Accounting:
Information received from a granting or donor agency that is pertinent to the
terms, conditions, approval, extension, denial, revocation, and administration of
a grant shall be forwarded to the Accounting Division of the Administrative
Services Department including but not limited to:
Grant Award Notification
Expenditure Authorization Date (if applicable)
Grant Contracts
Grant Extension Letters
Grant Termination Letter
Program and or Financial Reports
Notices of Questioned Costs or instances of non - compliance
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Any Document setting or modifying terms and conditions of the grant
Adopted - 2005
F -25
I
DRIVEWAY APPROACHES
GENERAL
L -2
A. A permit will be required prior to any driveway construction within the street
right -of -way. - All construction shall conform with the Standard Plans and
Specifications of the City of Newport Beach. Brick, textured concrete or flat stone
surfacing may be used subject to Public Works Department approval. Such
brick, textured concrete or flat stone surfacing may not be used on Bayside Drive.
B. The number of driveway openings shall be kept to a minimum so as to preserve
on- street parking and to reduce the points of traffic conflict.
C. The term "Curb Opening" shall mean the total width of the approach including
the slope distances on the curb. The term "Approach Bottom" shall mean the
total width of the approach less the slope distances on the curbs.
D. Curb openings shall not be constructed closer than 5 feet to the beginning of the
curvature of a curb return, fire hydrant, traffic signal/ pedestrian street light,
utility pole /anchor /pedestal, trees or vent pipe, unless approved by the Public
Works Department.
E. The entire curb opening shall be within the prolongation of the property lines
except when cross easements provide for a common driveway along the mutual
property line.
F. No permit shall be issued for driveways on Clubhouse Drive, Glen Drive, Balboa
Island or on the ocean side of Ocean Boulevard without City Council approval.
No curb openings will be permitted on Ocean Boulevard when access is available
from an existing alley, street or improved private roadway.
G. No permit shall be issued if the driveway construction requires the removal of a
street tree until such removal has been approved by the General Services
Director.
H. No permit shall be issued if the driveway encroaches on a crosswalk area.
I. No permit shall be issued if the driveway construction requires the relocation of
an), public facility such as fire hydrants utility pole /anchor /pedestal, tree, vault,
vent pipes, or street lights until approved by the Public Works Department and a
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deposit has been made to cover the cost of relocation. Property owner shall pay
all costs for the relocation of any public facilities.
J. No permit shall be issued unless the applicant agrees that at no cost to the City
he will remove any driveway opening that is or will be abandoned, and
reconstruct curb, gutter and sidewalk (if applicable) to City Standards.
K. Where practical, difficulties or hardships may result from the strict application of
this policy,. minor dimensional variances may be granted with written approval
of the Public Works Director.
L. Nothing herein shall be construed as preventing any person from appealing to
the City Council for relief from the applications of this policy.
M. No building permit shall be issued on a parcel whose access requires City
Council review for an encroachment permit on public property, until said
encroachment permit has been issued.
RESIDENTIAL ZONES AND RESIDENTIAL USES - SPECIAL REQUIREMENTS
A. The width of the driveway approach bottom shall not exceed 20 feet except when
the driveway is to serve an enclosed three or four car garage, in which case the
driveway approach bottom may be increased to 25 feet or 32 feet, respectively.
B. One additional curb opening will be permitted to a single parcel subject to the
following conditions:
1. The total width for all openings shall not exceed 50% of the total frontage
of the parcel.
2. The openings shall be separated by at least 20 feet to retain maximum
street parking.
C. Street curb openings shall not be permitted to residential property which abuts
an alley. .
An exception may be made in the case of corner lots where the street on which
the curb cut is proposed is not an arterial street and street frontage is available
for the full depth of the lot, subject to the following conditions:
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1. Access from the street will be permitted where existing structures prevent
full alley access, or additional covered off - street parking is being
provided.
2. The width of the curb opening shall be limited to one -half of the lot depth.
3. The preferred design for a duplex or two -unit condo development
provides for separate detached units or units attached by a common
vertical wall and/or open space in accordance with applicable building
codes. The resultant housing product informally subdivides the
property to allow for separate units front and back with garage access
for one unit on the alley and the second garage access on the side street
to provide physically separated units that are more harmonious for the
tenants /owners.
4. The street curb cut will not be allowed to provide access to any of the
required spaces.
D. Driveway grades must not exceed the listed applicable maximum slope
depending on application. Driveways to lowered or subterranean parking must
rise above the flood level or a minmum of six inches above the flow line of the
street or alley, whichever is greater, before transitioning to a downward slope.
Slope transitions shall be a minimum of five feet in length and the change of
slope cannot exceed eleven percent.
Driveways providing only parking access - Fifteen- percent maximum slope.
Must have access directly from garage into residence.
Driveways providing vehicle and pedestrian access - Eight- percent maximum
slope.
Driveways providing required parking, spaces on the driveway tself - Five -
percent maximum slope.
Minor variations from the listed maximum slopes and slope changes may be
granted by the Traffic Engineer when unusual site conditions are encountered.
PRIVATE STREETS - SPECIAL REQUIREMENTS
A. A grading permit will be required prior to the construction of any driveway
apron, sidewalk, curb, gutter or wall within the private street rights -of -way. The
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design parameters shall be in accordance with the City of Newport Beach Design
Criteria and Standards for Public Works Construction.
Also, the Public Works Department shall perform a brief review of plans prior to
permit issuance.
B. A Public Works encroachment permit will be required if improvements are to be
constructed within 5 feet of a fire hydrant, street light or other public utility
system appurtenance (i.e., valve boxes or manholes).
C. A Public Works encroachment permit will be required when connecting to or
relocating public utilities.
COMMERCIAL USES
A. The width of the driveway approach bottom shall not exceed 35 feet.
B. The total width of all driveways shall not exceed 50% of the frontage of the
parcel.
C. Commercial driveway approaches may use a curb return design with a
maximum curb radius of 25 feet and a driveway approach bottom of greater than
35 feet if the following conditions are satisfied:
1. The driveway serves as an entrance to a parking area or structure for 200
or more velucles.
2. The number of driveways serving the parcel are at a minimum.
D. The curb return commercial driveway approach may incorporate a divided exit
and entrance if the separation structure (median island) is continued on -site in
such a manner as to provide proper traffic design.
CLOSURE OF ABANDONED DRIVEWAY APPROACHES BY CITY
The City may close abandoned driveway approaches at high priority locations where
two or more of the following criteria may exist:
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A. The abandoned driveway approach is adjacent to a parcel of property where
redevelopment and possible subsequent closure of the approach is not believed
imminent;
B. The driveway approach is at a location where there is a shortage of available
on- street parking;
C. The removal of the driveway approach is needed for safe pedestrian and /or
bicycle passage;
D. The closure of the abandoned driveway approach benefits not so much to the
property owner as pedestrian and vehicular traffic in the area.
When in the opinion of the General Services Department and /or the Public Works
Department, a curb cut or abandoned driveway approach should be closed, and the
adjoining property owner protests the closing, the protester shall be notified that he will
have two weeks to appeal the staff decision to the City Council. That appeal must be in
writing and may be filed through the mail. If an appeal is not made, the City shall
proceed with the closure. If an appeal is made, a hearing shall be held by the City
Council, and the decision of the Council shall be final.
Nothing in this section shall be construed as relieving adjoining property owners from
the responsibility for closure of abandoned curb cuts as a condition of permit approval
for new construction or for obtaining a curb cut permit for an alternative driveway
location on the same parcel.
Adopted - January 24, 1966
Amended - February 26,1968
Amended - July 24,1972
Amended - November 14,1977
Amended - October 25,1982
Amended - July 13,1987
Amended - November 27,1989
Amended - December 14,1992
Reaffirmed -January 24, 1994
Amended - February 26, 1996
Amended - May 8, 2001
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