HomeMy WebLinkAbout2019-59 - Deleting Council Policy 1-7 "Library Meeting Rooms" from the City Council Policy Manual and Approving Newport Beach Public Library Policy 14RESOLUTION NO. 2019-59
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, DELETING
COUNCIL POLICY 1-7 "LIBRARY MEETING ROOMS"
FROM THE CITY COUNCIL POLICY MANUAL AND
APPROVING NEWPORT BEACH PUBLIC LIBRARY
POLICY 14
WHEREAS, the City of Newport Beach("City") is governed, in part, by its Charter,
Municipal Code, and adopted City Council Policies;
WHEREAS, City Charter, Article VII, Section 708(a), authorizes the Board of
Library Trustees to have charge of the administration of City libraries and make and
enforce such by-laws, rules and regulations as may be necessary therefore;
WHEREAS, on August 8, 2017, City Council deleted policies 1-2, 1-3, 1-4, 1-5, 1-6,
and 1-8, determining that these policies should remain policies of the Library, but that it is
not necessary to have these policies as part of the City Council Policy Manual;
WHEREAS, on April 23, 2019, the Board of Library Trustees approved for
submission to the City Council a request to delete Council Policy 1-7, "Library Meeting
Rooms" from the Council Policy Manual;
WHEREAS, on April 23, 2019, the Board of Library Trustees approved Newport
Beach Public Library ("NBPL") Policy 14, "Friends Meeting Room" to address
administration of said room;
WHEREAS, the Board of Library Trustee's proposed revisions, among other
things, removes obsolete policies, updates for changes in processes, names, and
procedures, and promotes efficiency within City government; and
WHEREAS, the Board of Library Trustees recommends the City Council delete
City Council Policy 1-7 and approve NBPL Policy 14.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby deletes City Council Policy 1-7 (Library
Meeting Rooms), from the City Council Policy Manual, in its entirety and approves
Newport Beach Public Library Policy 14, attached hereto as Exhibit A, which is
incorporated herein by this reference.
Resolution No. 2019-59
Page 2 of 2
Section 2: Except as expressly modified in this resolution, all other City Council
Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy
Manual shall remain unchanged and shall be in full force and effect.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: If any section, subsection, sentence, clause or phrase of this resolution
is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the
validity or constitutionality of the remaining portions of this resolution. The City Council
hereby declares that it would have passed this resolution, and each section, subsection,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5: The City Council finds the adoption of this resolution is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly or
indirectly.
Section 6: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 25th day of June 2019.
lane B. Dixon
ATTEST:
►nl/UP ME W M�
BrownLeilabi 1.
City Clerk
APPROVED AS TO FORM:
CIT ATTORNEY'S FFICE
Aaron C. Harp
City Attorney
or
Attachment: Exhibit A — Newport Beach Public Library Policy 14
EXHIBIT A
The Friends Meeting Room
NBPL 14
Background
The large meeting room in the Newport Beach Central Library is known as the Friends Meeting
Room (Friends Room).
The Library Board of Trustees and the Library Services Department administer the Library and the
Friends Room. This room is the primary source of meeting space for library programs and activities.
In addition, City officers and employees frequently need to use the Friends Room for City business
on very short notice. Moreover, public use of the Friends Room takes staff away from their normal
duties and, if uncontrolled, can interfere with the public's use and enjoyment of the library. The City
needs to limit the amount and timing of the use of the Library meeting rooms by other than Library
and City officials and employees to protect the public interest.
Applicability
This Policy shall not apply to use of the Friends Room for Library or Library sponsored activities and
programs and City or City sponsored activities and programs. The Library staff, the Board of Library
Trustees, the City and its officers and employees and the Friends of the Library and Library
Foundation when used for programs and activities directly related to Library functions and
purposes; shall be entitled to use the Friends Room at any time subject only to confirming
availability with the Library Services Director.
Purpose
The purpose of this Policy is to establish:
A. Procedures for processing and approving or disapproving requests from private persons,
groups or organizations for permission to use the Friends Room;
B. Priorities for the use of the Friends Room to ensure its availability to the City and its officers
and employees and to resolve any conflict related to requests for use by others; and
C. Standards and criteria for the use of the Friends Room to ensure there is no conflict with the
public's use of the City Libraries and no significant impact on the workload of staff.
Procedure
Any person, group or entity seeking permission to use the Friends Room (applicant) shall submit an
application on the form provided by the Department. The applicant shall provide all information
requested in the application and such additional information as may reasonably be required by the
Library Services Director to enable him/her to determine if use by the applicant will comply with
this Policy. Applications will not be considered complete unless accompanied by required fees and
proof of insurance. No person, group or entity shall be entitled to use of the Library meeting rooms
unless their application has been approved by the Library Services Director or his/her designee. If an
applicant fails to comply with the standard conditions of use or any special conditions imposed by
the Department Director, no additional application by that applicant shall be considered for a one
year period from such failure. No application shall be approved until the applicant establishes that
any fees, donations or admissions charged for use of the Friends Room will be for non-profit
fundraising purposes or limited to defraying the actual costs and expenses of the activity or
program for which the application is submitted.
Standard Conditions to Use
Applications for use of the Friends Room are approved subject to permittee's compliance with the
following standard conditions to use:
A. The use of alcoholic beverages is prohibited unless expressly approved in writing by the
Library Services Director and subject to the approval of the Alcoholic Beverage Control Board.
B. Smoking is prohibited in the Friends Room, and the entire Library facility, including
restrooms.
C. At least one (1) adult shall be present in the Friends Meeting Room when minors are in
attendance.
D. No person shall interfere with the normal use and activities of the Library by way of noise,
disturbance or other activity.
Meetings or activities conducted at the Friends Room may not be advertised or promoted as City
or Library sponsored activities. All materials used for advertising or announcing a meeting or
activity to be conducted in the Friends Room shall be submitted to the Library Services Director
at least ten (10) days prior to the use for the sole purpose of determining if the material complies
with this condition. The Library Services Director shall notify the permittee of his/her
determination that the material complies or does not comply with the condition within two
business days after submittal.
G. Meetings or activities in the Friends Room shall not exceed 187 persons.
H. The Friends Room shall not be used for private social functions such as weddings, music
rehearsals, etc. unless rehearsals are necessary as part of a Library or City sponsored public
concert, or production which is scheduled to be performed in the Friends Room.
Use of the Friends Room is limited to 9:15 a.m. to 8:30 p.m. Monday through Thursday and 9:15
a.m. to 5:30 p.m. Friday through Saturday, unless expressly approved in writing by the Library
Services Director.
The provision of insurance should be general liability, naming the City and its officers, agents,
officials, employees and volunteers as additional insureds, and providing coverage in the amount
of not less than $1,000,000 for any claim, loss, injury, damage or other casualty that is in any way
related to the use and/or occupancy of the Friends Room by the permittee authorized to use the
Friends Room pursuant to this Policy.
K. The permittee agrees to defend, indemnify and hold harmless the City and its officers and
employees with respect to any claim, loss, or injury that arises out of, or is in any way related to
permittee's use and occupancy of the Friends Meeting Room.
Applications for reservations may be made no more than 90 days in advance and no more than
once every 90 days.
Priorities of Use of the Friends Room
A. FIRST PRIORITY
1. Any official Newport Beach Public Library co-sponsored and/or conducted programs and
activities that are directly related to library functions and purposes.
2. Any meeting or activity conducted by any organization of which the City is a member and
whose purpose is consistent with the educational and informational function of the Library.
B. SECOND PRIORITY
Use of the Friends Room may be granted by the Library Services Director to those persons,
organizations or entities listed below on a first come first serve basis:
1. Sponsored educational or informational programs and activities of other state or local
public agencies such as local public schools or special districts.
2. Recreational, social or civic organizations and/or groups that are promoted and sponsored
by City residents or City non-profit organizations that are open to the public and have fifty percent
(50%) or more of memberships consisting of Newport Beach residents.
3. Recreational, social or civic organizations and/or groups that are non-resident promoted
and sponsored by non-profit organizations that are open to the public, but do not qualify under B.2.
4. Schools, colleges, hospitals or other similar civic groups not qualifying under the definition
of non-profit. Non-profit status is defined as an organization that is so defined by the Internal
Revenue Service Section 5010 and has a state of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of the Friends Room. Fees shall be established by
Resolution of and periodically adjusted by the City Council on the recommendation of the Board of
Library Trustees. Fees shall be limited to an amount necessary to defray the costs associated with
the administration of this policy and the maintenance and repair associated with the public's use of
the Friends Room.
History
Adopted 0-1— 7-14-1980
Amended 0-1-11-28-1988
Amended 0-1-10-28-1991
Amended 0-1— 2-27-1995 (changed to 1-21)
Amended 1-21— 2-24-1997
Amended 1-21— 5-8-2001
Amended 1-21— 4-8-2003 (changed to 1-7)
Amended 1-7 —10-10-2006
Amended 1-7 - 4-23-2019 (changed to NBPL-14)
This Policy will be periodically reviewed by the Board of Library Trustees on the first to occur of (i) as
circumstances may require or (ii) every two years from the date of adoption, last amendment, or last
review. Adopted, last amended, or last reviewed on April 23, 2019.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-59 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 251h day of June, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman,
Council Member Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 2611 day of June, 2019.
jaft,j-�*�
Leilani I. Brown
City Clerk
Newport Beach, California