The URL can be used to link to this page

Home My WebLink About21 - Council Policy Manual Update for 2015CTY OF F NEWPORT BEACH City Council Staff Report May 12, 2015 Agenda Item No. 21 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Dave Kiff, City Manager — (949) 644 -3002, dkiff @newportbeachca.gov PREPARED BY: Shirley Oborny, Executive Assistant to the City Manager PHONE: 949 - 644 -3002 TITLE: Council Policy Manual Update for 2015 ABSTRACT: This year, the 22 policies proposed for change are summarized in Attachment A. RECOMMENDATION: a) Approve the following proposed revisions to the Council Policy Manual: A -2, A -6, A -9, A -12, A -14, A- 17, B -1, B -7, B -10, B -13, B -16, D -4, D -8, F -2, F -14, F -27, H-3,1-2, 1 -11, K -3, L -16 and L -26; and b) Adopt Resolution No. 2015 -35, A Resolution of the City Council of the City of Newport Beach Adopting Revised City Council Policies. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Background: 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 22 policies proposed for change are summarized in Attachment A. It should be noted that the proposed revisions to Council Policy 1 -2 were drafted in partnership with the Library Board. ENVIRONMENTAL REVIEW: The adoption and amendment of administrative policies is not a "project' as defined by the CEQA Guidelines. Section 15378 excludes continuing administrative or maintenance activities such as personnel - related actions, general policy and procedure making, the creation of government funding mechanisms or 21 -1 other government fiscal activities that do not involve any commitment to any specific project that could have an environmental impact, and organizational or administrative activities of government that will not result in direct or indirect physical changes in the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Summary of Proposed Council Policy Changes Attachment B - Resolution 21 -2 Council Policy Manual Changes 2015 Attachmeri City of Newport Beach May 12, 2015 .................... Policy 4. . ........................................................................................................................................... Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... staff or Corrected ....................................................................................................................................................................................................................................................................................................................................................................................................................... (CITY COUNCIL /COMMISSIONS .............................................................................................................................. . ............................................................................................................................................... .......................................................................................................................................... . ......................................... :Election of the Mayor and Mayor pro Tem 11/20/84 2/24/97 A2 'Board, Commission, and Committee i 6J28/65 i 4/23/02 'Establishes proceduresfor Board, ........ ....... .... . . .. . ...... ..... . 'Allows flexibility when the weekend publication falls Brown Appointments Commission and Committee short of 2 months Appointments A .............................................. .............. . ............ 5/14/13 ............................ . .................................................... N/A ................. ........................... . .... . .................................................................................. ................................................................................................. ....................................................... . ...................................... . ........ . ...................... . ........................................................................................................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A,.4 Community. Service .Recognition Awards ................................... . 10/28/68 ............................ . ............ MAXIO ............. ........................................................................................ ....................................................... ....................................... ................................ . ........................................ A -5 Fundraising/Contracts by City Boards, N/A 2/26/96 Commissions, or Committees .................... A -6 . .............................................................................................................. Open Meeting Policies i ............................ 11/13/67 i ............................................ 5/14/13 ............................................................................................................................................................................................................................................. :Insures the City Council, certain . ......................................... :Alows the Mayor to have the discretion to change the: Brown Boards, Commissions and order of business Committees comply with the Brown Act and It promotes citizen participation in the discussions and decisions of their elected and 'appointed representatives .......... A-7 .......................................................................... Boards, Commissions and Committees 1/8/79 ............................................ 2/26/96 ................................................................................................. ........................................................................................................................................... . ......................................... ;Expressions of Official City Position or Policy: .......... A-8 ............................................................................................................. . Use of City Stationery ............................ 1/22/79 ............................................ 2/26/96 ................................................................................................. ........................... . . . . . . . ...... ........................... . ................... . . .................... . ............ .. . ................. . . .............. .................... A -9 . ....................................................................................... . .................... . City Council Committees ............................ 5/8/73 .......................................................................................................................................................................... 5/26/98 Sets forth guidelines for the . . . . .. . . . .... . . .................. . ........ . .................... . . .................................. ...................... To clarify the different types of BCC's and make if . . . ............ Brown establishment and conduct of more consistent with the BCC roster Boards Commissions and Committees .......... A-:10 ............................................................................................................ . ;Procedural Rules for the Conduct of City ............................ 8/21/72 ............................................ 1/8/13 ............................................................................................................................................................................................................................................. ......................................... Councll Meetings ................................................................................................................................................................................................................................................................................................. ............. ....................... 11/13/67 ............................ 5/13/14 ............................................ ................................................................................................. ............................................................................................... . ........ . ............... ..... . ........................................................................................................................................... ........................................ A-12 Discretionary Grants 7/8/85 9/27/11 The City's budget shall specifically :Incorporates the annual Special Event Grants and Finnigan :allow the City Council to, at any time schanges the name of the Human Services Grants to during the year, direct revenue Community Program Grants to expand the scope of Itowards worthy projects or programs eligible programs and projects I ;which the Council deems beneficial to Newport Beach's quality of life .......... A -13 .............................................................................................................. Decorum and Order for City Commissions, ............................ 5/28/96 i ............................................ N/A ............................................................................................................................................................................................................................................. ......................................... Committees and Boards ......................................................................................................... ......................... . ......................................... Alu Wstrictions on Communications Initiated 1/27/97 N/A Ensures contacts and Human Resources 'Manager' was updated to Human. Cassidy by City Officials or City Staff with Civil communications made by the City Resources "Director" 'Service Board Members Council or City staff with the Civil Service Board do not Interfere with an employee's right to a fair and ................... . .......................................................................................................................................... ............................................ limpartlal hearing ............................................................................................................................................................................................................................................. ........................................ Page I 21-3 Council Policy Manual Changes 2015 Attachni City of Newport Beach May 12, 2015 .................... . ........................................................................................................................................... Policy It. Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... staff or Corrected A- 15 Ex-Parte Communication Policy 11/10/97 N/A ................................................. ................................................................................... ............... . .. - ... . ................................. . ......................................... ..................................................................................................... nflict of Interest Procedures . ............................ 6/22/98 i ................................................................................. N/A .......................... I ................................. ........................... . . . . .. . . ............................ . ........ . .................... . . .................................. . ...................... . . . ............. .......... A:17 ............................................................................................................. Newport Beach City Council Airport Policy ............................ 2/14/72 ............................................ 7/25/06 ............................................................................................................................................................................................................................................. Describes City's relationship with John ........................................ Reflects the extension of the John Wayne Airport Brandt Wayne Airport Settlement Agreement that was approved by the City Council on October 14, 2014 ........... 18 . ............................................. ............................................................... iGuidelines for Implementing Charter . ............................ i 3/27/01 i . ................................................................ 8/11/09 . ............... .......................... ........................... ........................... . . . . . . . ...... ...................... . . . ................. . . . .................... . ............ . .. . ................. . . .............. ... .. ... ...... .... Section 423 .(Measure S..Guide n e.5) ................................................. . ................................................................................ ............................................................. ........................................................................................................................................... ........................................ A- 19 .................... Guidelines for Invocations . .............................................................................................................. 1/27/04 E ............................ N/A 1 ............................................ ............................................................................................................................................................................................................................................. . ........................................ .......... ............... ....................................................................................... ECREATION AND SENIOR SERVICES ............................ ............................................ .................... ......................................... ................... ............. ................... I-- .......... . ... . ................... ................. ................... B-. I . .............................................................................................................. Park Fee Policy ............................ 6/27/94 . ............................................ 5/14/13 ................................................................................................. Establishes criteria to be used in .......................................................................................................................................... ......................................... The proposed revisions are updates to reflect our Detweiler deciding which facilities serve current listing of parks and park amenities correct for subdivision residents and schedule 'references no longer applicable, change wording to whereby park fees are properly and simplify or clarify, and update titles (e.g., "Municipal ofirrely committed to appropriate Ops Department' vs "General Services" as the ;projects :reviewing department in B-7 .......... B-.2 ............................................................. . ........................ . .................... Recreation Fees ............................ 10/1/63 ............................................ . 6/10/14 ................................................................................................. ..... . .................... . . . . .. . . . .... . . .................. . ....... . ................... . . .................... . . .......... . .. . . ................. . . ............. .......... B- 3 ........................................................................................................................................... Co-Sponsored Events 7/22/91 ............................................................................................................. 4/13/04 .......................... ........................................................................................................................................... ........................................ I B-14 . ....................................................... :Commercial Uses in Public Parks .................... 5/12/75 . ............................... 4/8/03 . .............................. ............................................................. ........................................................................................................................................... ........................................ ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... B- 5 Vincent Jorgensen Community Room in 10/10/06 N/A .......... Library .............................................................................................................. ............................ .............................................................................................................................................. ........................................................................................................................................... ........................................ B-:6 ;Newport Theatre Arts Center 5/22/01 B -7 Special Event Permit Request Processing 1/24/94 8/11/09 Sets forth City policy concerning ........ ....... .... . . .. . ...... .............................. . ... The proposed revisions are updates to reflect our ........ . Detweiler administration and control of special current listing of parks and park amenities, correct for events references no longer applicable, change wording to simplify or clarify, and update titles leg , 'Municipal Ops Department' vs 'General Services" as the reviewing department in B-7 .......... B -8 .............................................................................................................. Bike Foot Race and Surf Contest Event ............................ 2/14/83 . ................................................................ 9/27/11 . ........................................................................................................ . . . . . . . ...... ........................... . ................... . . .................... . .......... ................ .......... EgLo ................................................. .............................................. ............................ ............................................ ............................................................................................................................................................................................................................................. . ......................................... B-9 Naming of City Parks & Facilities . 9/12/138 . 5/13/03 . Ho ...................................................................................... ?Use, Priorities and fees for Marian Bergeson ............................ 6/25/90 .......................................................................................................................................................................................................................................................................................... 9/13/05 [Sets forth City Policy concerning the ........................................ :The proposed revisions are updates to reflect our Detweiler 'Aquatic Center use, priorities and fees for the facility :current listing of parks and park amenities correct for references no longer applicable, change wording to simplify or clarify, and update titles (e.g., "Municipal 'Ops Department' vs 'General Services" as the reviewing department in B-7 .................... . .............................................................................................................. ............................ .................. . ........................ ....... . .... . ................................................ . .... . ...................... . .. ....................................................... . .............................................................................. . . .... . ...................... . . ......... Page 2 21-4 Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 .................... . ........................................................................................................................................... Policy #. Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... Staff or Corrected B -11 The City Employees' Memorial at Bob 11/10/97 N/A ..................................................................................................................................... ............... . .. ... . ................................. . ......................................... .................... :Henry Park . ........................................................................................................................................... . ................................................................................. ..................................................................................................................................... ............... . .. ... . ................................. ................................ :B-:12 :Co-Sponsorship of Annual Fireworks Events: 3/9/98 8/11/09 .................... B -13 . ........................................................................................................................................... Public Use of City Facilities 5/26/98 . .......................................................................................................................................................................................................................................................................................... 5/14/13 Provides use regulations and ......................................... The proposed revisions are updates to reflect our Detweiler application and scheduling current listing of parks and park amenities, correct for ounce :procedures to accommodate all references no longer applicable, change wording to groups that wish to use City facilities :simplify or clarify, and update titles (eg , 'Municipal Ops Department' vs 'General Services" as the -reviewing department in B-7 .......... B 14 .............................................................................................................. Temporary Signs with Sponsorship ............................ 9/14/98 ............................................ 8/11/09 ................................................................................................. ........................................................................................................................................... . ......................................... .......... -Recqqn1flon1n.Clty Parksand Beaches ... ...................... . ............................................ .................................... .......................... ........................... ........................... . . . . . ........ . . . ............. ........................ . ..................... B-:15 ;Parks, Beaches, and Recreation 9/13/99 N/A Commission Decisions . ............................................................................................................. ............................ ............................................ ............................................... .................... B-:16 Waximizing Public Access to City Parks 2/26/02 4/13/04 :Maximizes access 0 tile general :The proposed revisions are updates to reflect our Detweller public to the City's parks current listing of parks and park amenities correct for references no longer applicable, change wording to simplify or clarify, and update titles (e.g., 'Municipal .0ps Department" vs "General Services' as the reviewing department in B -7 B 17 Parks, Facilities, and Recreation Program 5/9/06 6/26/12 .......................................................... .......... 'Donations ............... ....................................................................................... ............................ ............................................ ............................................................... ............................................................................................................................................................................. . ........................................ .......... .............................................................................................................. :CITY MANAGER ................... .................................................................................................... ............................ i i ............................................ ............................................................................................................................................................................................................................................. i . ........................................ i ........ ....... .... . . .. . ...... ...... D-.1 Wedia Relations 11/23/92 10/14/08 .......... D-2 . .............................................................................................................. Annexation Guidelines ............................ 2/27/67 . ............................................ 3/14/00 ................................................................................................. ........................................................................................................................................... ........................................ .......... D3 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... ................................................................................................... Council Policy Review 8/30/66 3/22/99 ........ ....... .... . . .. . ...... ...... Page 3 21-5 Council Policy Manual Changes 2015 AffachmentA City of Newport Beach May 12, 2015 .................... . ............................................................................................................................ Policy 4. . . . . . . . . . Name . . . . . . . . . .... . ..... . ..... . ................ . ... . . Adopted Last Amended . .......... . ..... . ..... . ................ . .......................... . ..... . ................ . ..... . .......... What it says currently... . ..................... . ........ . .......... . .... . .. . .... . ........ . .. . . . . . . . ............... . ... . . . ....................... . .......... . . . . . .. . .................. . ........ . ......... Proposed Change... staff or Corrected D -4 City of Newport Beach Innovation/ 1/24/94 5/14/13 'Establishes a method for employees ........ . ......................................... Language added to clarify the Submittal and Review Cassidy I :Improvement Incentive Program ito submit suggestions to improve City Procedure to include submittal of idea on a form that o:business practices :is signed by the Department Director. Once the 'Director approves the submittal, it will be forwarded to the HIP Coordinator: awards and Intangible Suggestion were modified to :Include suggestions Involving 'work environment", and language was modified to Include 'recognition' of ideas and provide a minimum award for a suggestion -of $25, reduced from $50 This allows for ideas that :may not be implemented, but still have merit to be rewarded with $25 for the employee's effort in making . the suggestion .......... ........................................................................................................................................... D5 ]Cifiv Websites ............................................ 7/28/09 N/A ............................................................................................................................................................................................................................................. ........................................ ....... ............ ....................................................................................... 6 Social Media ............................ ............................................ 3/23/10 N/A ................................................................................................. ........................................................................................................................................... ........................................ .......... ........................................................................................................................................... D -7 Electronic Communications . .......................................................................................................................................................................................................................................................................................... 4/23/02 9/27/11 . ........................................ .......... .......................................................................... D- 8 Voice-Mail General Policy 9/27/11 Establishes procedures for City "'Telephony applications" was updated to the now Cassidy :departments and individual o:technology term of "Interactive Voice Response"; employees using electronic voice- Guidelines (A): "Receptionist" was updated to mail to answer incoming telephone "administrative staff". Departments generally do not have calls is designated receptionist, many administrative staff answer: ;calls; f6a "Telecommunications" Division was updated to "Information Technology" Division; 2L 'Receptionists" updated to "Employees"; and Implementation and Operation: "Telecommunications" updated to "Information Technology" 9sections A, D, & E) and 'Administrative Services" updated to reflect the City Manager's Office. IT is a division of the City Manager's Office .......... . .................................................... . .. . . .............................. :9 Development Policy .................... . ........................................................................................................................................... 3/22/93 9/27/11 . ................................................................ . .................................................................................. ........ ....... .... . . .. . ...... ..... . . .................... _... . .................. . ....... . ................... . ................... . .......... . .. . ................. . ............. Page 4 21-6 Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 .................... . ........................................................................................................................................... Policy #. Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... Staff or Corrected ................................................................................................................................... .... CITY CLERK . .......................................................................................................................................................................................................................................................................................... . ......................................... ................................. I ;Public Records Act Policy 1/24/94 . ................................................................................ 1/24/12 ......................................................................................................................................................................................................... . ......................................... .................... . ........................................................................... ................................... I :Councli Meetings Agenda Distribution to ............................ 12/17/73 . ................................................................................. 3/14/00 ............................................................ ........................................................................ ............... . .. - ... . ................................. ........................................ :the Public by Mail ................... . ........................................................................................................................................... . ............................................................................................................................................ ... ........ ....... .... . . .. . ...... ...... .................... . ........................................................................................................................................... .ADMINISTRATIVE SERVICES . .............................................................................................................................................. ........................................................................................................................................... . ............................... .......... I , .Statement of Investment 1 .................... ....... I ................................................................... . ............................... 4/6/59 ............................ 10/9/12 ............ ................................ ............................................................................................................................................................................................................................................. ........ ....... .... . . .. . ...... ...... ... ........ . ........................................ F -2 Reserve Policy 1/24/94 6/10/14 Establishes the City's policy on The purpose of this revision Is the realign the Council Matusiewicz Reserves Reserve with the municipal code changes that took effect in February 2015 related to the Balboa Village :Parking Management District and to make two administrative corrections .......... .......................................................................... E-j ;qqllgR�.81jap ....................................... �i .lion and Administration ....................... lalm .... . ........... ........................................................................................................ ... ........ ....... .... . . ......................... . ........................................ ... ........ ....... .... . . .. . ...... ...... I Revenue Measures .......... 4 ............................................................................................................. 8/26/68 . . ............................ ........... WVDI ................................................................................................. ........................................................................................................................................... . ......................................... 15 :Purchasing Authority for Goods and 1/24/94 1/25/11 'Services . ................................... ......................................................................... ............................ . ................................................................ . ............................................................................ ..................................... . . . .... . . .................. . ........ . .................... . . .................................. ...................... . . . ............ .................... 1 .6 .Debt ementPolic .................... .... q y ............................................ 5/14/13 ............................ N/A ............................................ ................................................................................................. ........................................................................................................................................... ........................................ 17 Tricorre Property 7/27/92 5/14/13 .......... . ........................................................................................................................................... I City Travel Policy Statement 6/8/92 . ............................................................................................................ 9/27/11 ............................................................................................................................................................................. . ......................................... .................... . .............................................................................................................. F-9 City Vehicle/Equipment Replacement ............................ 12/14/92 ............................................ 5/8/01 ................................................................................................. ........................................................................................................................................... ........................................ Guidelines ... .. ... ...... .... ........................................................................................................................................... . .......................................................................................................................................................................................................................................................................................... ......................................... 110 Narcotics Asset Forfeiture and Seizure 1/11/93 1/24/94 .......... . EQUI&I-Y ............................................................................................... ............................ ............................................ ................................................................................................. ........................................................................................................................................... ........................................ 1 11 Custody and Disposal of Controlled 1/24/94 9/27/11 .......... . ........................................................................................ ............................ ............................................ ................................................................................................. ........................................................................................................................................... ........................................ 2 Reserved for future use ......................................................................... ............................ ............................................ ................................................................................................. .......................................................................................................................................... ........................................ 1 .13 Distribution of Public Information in 12/9/68 9/27/11 Municipal Services Statements and Business License Renewals .......... . .............................................................................................................. i ............................ L ............................................ i ................................................................................................. i ........................................................................................................................................... i ........................................ Page 5 21-7 Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 .................... Policy #. . ........................................................................................................................................... Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... Staff or Corrected F -:14 iAuthorlty to contract for services 1/24/94 1/25/11 Sets the City's policy establishing ............................................................................................................................................ . ......................................... M General Services, B. Insurance: 'Schedule of Cassidy :authority or committing City funds for Insurance" was updated to refer to 'Contract Service Contracts -Templates" "Risk Manager' was updated to "Risk Management Division" Insurance is approved by the Risk Management Division. F-. .......... 15 .............................................................................................................. External Financial Reporting, Disclosure ............................ 1/24/94 . .......................................................................................................................................................................................................................................................................................... 9/27/11 ........................................ and Annual Audit .................... F -16 . ........................................................................................................................................... Reserved for future use ............................................ ................................................................................................. ........................................................................................................................................... . ......................................... F-:17 .......... .............................................................................................................. :Reserved for future use ............................ . .......................................................................................................................................................................................................................................................................................... . ........................................ .................... F -18 . ........................................................................................................................................... Reserved for future use ............................................ ................................................................................................. ........................................................................................................................................... ......................................... F-19 .......... .............................................................................................................. :Reserved for future use ............................ ............................................ ................................................................................................. ........................................................................................................................................... ........................................ .................... F20 . ........................................................................................................................................... Contracts with Former City Employees 11/10/97 ............................................ 4/8/03 ................................................................................................. ........................................................................................................................................... ......................................... .................... F -21 . ........................................................................................................................................... Reserved for future use ............................................ ................................................................................................. ........................................................................................................................................... ......................................... F-:22 'Reserved for future use . . . .. . . . .......................................................................................................................................................................................................................................................................................... . ........................................ .................... F -23 . ........................................................................................................................................... Reserved for future use ............................................ ................................................................................................. ........................................................................................................................................... ......................................... F-24 .......... .............................................................................................................. Reserved for future use ............................ . .......................................................................................................................................................................................................................................................................................... . ........................................ . ..... ................................................................................ . ran ministration ............................ 9/13/05 ............................................ 9/27/11 ................................................................................................. ........................................................................................................................................... ........................................ .................... F26 . ............................................................................................................. Reserved for future use ............................ ............................................ ................................................................................................. ........................................................................................................................................... ........................................ F27 .......... .......................................................................... Policies and Procedures foiEi� This policy outlines a fair and .. . ...... ...... revising this City Council Policy to Finnigan Distribution of Tickets or Passes Impartial procedure for the be consistent with the Fair Political Practice 'disposition of tickets or passes ses to City Commission's regulation on the distribution of tickets :officials in furtherance of a governmental purpose ........... F- :2� ....... . . ............................................................................................................. :FacilitiesFina nciaTlaDn inq ... .. yl .................. ............................ EAA� . ............................................................................................................................. 5/14 13 ............ .. ............ ................. ................... . ......................................... . .... . .......................... .............................................................................................................................. ............. . ......................................... ............................................................................................... . .... . . . ................................ ........... .. MUNICIPAL OPERATIONS ................... .......................................................................... ................ ............................................ ............................................................... . .... . .......................... . ... ........................................................................................................................................... .. ................... ............ ................... ............. G-1 . 'Retention or Removal Of Park and arkway 5/9/66 5/10/05 . .................... Trees . ........................................................................................................................................... . .............................................................................................................................................. ........................................................................................................................................... ........................................ ..G-.2 Ado p -a-Beach. Pro gram . .................................................... 4/1.3/92 .... ........... 5/11/04 ............. .................................................................................................. ........................................................................................................................................... ........................................ Preservation of Views .................................................................................................................. 7/22 91 2 1 3/14/00 .. 1 X10 .............................................................................................................. ........................................................................................................................................... ........................................ G_4 'Median Landscaping Developments on 12/8/69 1/24/94 .......... :RUigIi C I- e- a . U..2d 0 ........................................................................................... . .............................................................................................................................................. ........................................................................................................................................ . ... .............................. .......... Reserved for future use .......................................................................... ... ........ ....... .... . . .. . ...... ...... ... .............. :G-:6 :Maintenance and Planting of Parkway 11/22/82 8/24/04 .................... Frees . .......................................................................... ..... .................................................................................... - ... ........ ....... .... . . .. . ...... ...... ... ........ . G -7 Solid Waste Management and Resource 7/26/82 1/24/94 .................... Pollcy ................................................. . ............................................. . ............................ . .............................................................................................................................................. ........................................................................................................................................... . ......................................... G8 .................... .......... Beach. Maintenance Poilicy .............................................. . ........... . .............................................................................................................. 6UV26 ............................ N/A . ................................................................ ............................................ . ............................................................................ ............................................................... ........................... ........................... . .............................................................................................................. . ........................................ ........................................................................................................................................... ......................................... Page 6 11%. Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 .................... Policy #. . ........................................................................................................................................... Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended What it says currently... . ........................................ Proposed Change... Staff or Corrected ................................................................................................................................................................................................................................................................................................................................................................................................................................................ HARBOR RESOURCES ................................................ ............................ . .......................................................................................................................................................................................................................................................................................... . ........................................ H- 1 ' Harbor Permit Policies 1/24/94 1/8/08 .................... H-:2 . .......................................................................................................................................... Bay Water Pollution Control i 12/21/70 ............................................ 1/24/94 ................................................................................................. ........................................................................................................................................... ........................................ H-: 3 .............................................................................................................. ;'Newport Beach Sensitive Marine Areas ............................ 10/26/76 i .......................................................................................................................................................................................................................................................................................... 9/27/11 Newport Beach County of Orange . ........................................ 'The proposed revisions are updates to reflect our Detweiler and the State Fish and Game current listing of parks and park amenities correct for Department endeavor to preserve references no longer applicable, change wording to and enhance the marine life refuge simplify or clarify, and update titles (e.g., ' Municipal Ops Department' vs "General Services" as the reviewing department in B -7 .......... H-!4 .............................................................................................................. !Dory Fishermens' Fleet : ............................. 11/23/87 ............................................ 9/10/02 ................................................................................................. ........................................................................................................................................... ........................................ Administration of the Robinson-Skinner ............................ 11/12/02 .......................................................................................................................................................................................................................................................................................... N/A . ........................................ .................... mAnnufty for Newport Bay Dredging . ............................. ............................................ ................................................................ ................................................................................... ................................................. ................................ . .......................................... .......... ............................................................................................................. LIBRARY SERVICES ................................................................................................................................... ............................ ............................ ............................................ ............................................ ..................................................................... ........................... ............................................................... . .... . .......................... ........................................................................................................................................... ......................................... ............................................................................................... . .......................................... .... . ................................... ;Library Service Policy 3/27/84 9/27/11 12 .......................................................................... ....................................... Use of the Newport Beach Public Library 1/24/94 . .......................................................................................................................................................................................................................................................................................... 7/10/06 Sets expectations for public behavior . ......................................... The Policy and the resulting amendments have been Netherton that supports equitable access to worked through in partnership with the City Attorney's 'library services defines 'Office and the Library Board. n order to have ss consequences for use violations and better tool to help ensure a safe and enjoyable the appeals process environment, and to ensure customers have the best experience possible the Library Use Policy has been amended. This policy includes expectations for use of the premises outside and inside the library, and for customers who if suspended from the library, are able to appeal their suspension .......... 13 ........................................................................................................................................... Newport Beach Public Library Collection 10/22/90 ............................................ 9/27/11 ................................................................................................. ........................................................................................................................................... . ......................................... .................... Development Policy . ............................................................................................................. . ............................ . ................................................................ . ............................................................................ ........................................................................................................................................... . ......................................... 1 -4 Library Gift and Donor Policy 3/11/91 10/10/06 .................... 1-:5 . ............................................................................................................. :Newport Beach Public Library Gift Policy . ............................ 1/24/94 i . .............................................................................................................................................. N/A ........................................................................................................................................... . ......................................... 16 Children in the Library 1/24/94 9/27/11 ........ ....... .... . . .. . ...... ...... ... ........ . .................... 1-!7 . .............................................................................................................. !Library Meeting Rooms ............................ 7/14/80 r ............................................ 10/10/06 ................................................................................................. ........................................................................................................................................... ........................................ .......... 1-:8 . ................................... .......................................................................... ;Newport Beach Public Library Internet Use ............................ 2/24/97 ............................................ 10/10/06 ............................................................... ....................................................................................................................................................................... ......................................... .......... Policy .............................................................................................................. ............................ ............................................ ................................................................................................. ........................................................................................................................................... ........................................ 19 Art in Public Places 9/8/86 4/8/03 .......... 110 .................... . ........................................................................................................................................... Financial Support for Culture and Arts . ........................................................................................................................................... 5/11/81 . ............................................................................................................ 4/8/03 . .............................................................................................................................................. . .... . ...................................................................................................................................................................... . ........................................ ........................................................................................................................................... ........................................ Page 7 21-9 Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Policy 4. Name Adopted Last Amended What it says currently... Proposed Change... staff or Corrected 111 Donation of Art to City of Newport Beach 2/24/86 4/8/03 :Includes language that reflects the ........ . ......................................... The policy has been revised to indicate that the Arts I Netherton City's ability to display, store, or sell :Commission with City Council approval, has the right :the art in the City art collection m:to remove pieces from the City Art collection. The 'policy gives the City the right to photograph art for any and all purposes, including but not limited to, publicity and informational literature The acquisition of limited editions of art is now in accordance with 'Council 112 Sister City Association Policy 11/28/88 4/8/03 .................... 1- 13 .................... . ........................................................................................................................................... Public Arts and Cultural Facilities Fund . ............................................................................................................. . 3/26/13 ............................ . .......................................................... N/A . .......................................................................................................................................................................................................................................................................................... . ................................................ . ............................................................................................................................................................................ . ........................................ . ........................................ .iakkNd ....................................... ............................................................................................ ... ..................................................................................................... ................ - . .......................................................................................................................................................................................................................................................................................... . . ................................................................................................................................................................ . ......................................... ........................................ :General Plan 4/22/74 9/27/11 . ....................................................................................... . ... i. aces of Historical and Architectural - - 5/28/85 --i 9/27/11 r ........ ....... .... . . .. . ...... ..... . .......... ;Significance ............................................................................................................. ............................ . .......................................................................................................................................................................................................................................................................................... . ........................................ K-3 Implementation Procedures for the 3/26/73 9/27/11 Implements CEQA and the CEOA This policy has been revised to be reflective of the Torres California Environmental Quality Act Guidelines, and provides for hiring Permit Streamlining Act and the various approval consultants to prepare environmental. authorities provided in Title 20 documents .......... K- 4 . ........................................................................................................................................... 'Paleontological Guidelines 8/26/74 . .............................................................................................................................................. 9/27/11 ........................................................................................................................................... ........................................ .......... K5 . ..................................................................................... . .... . .................. Archaeological Guidelines . .... . .................... 1/13/75 . .................................................... 9/27/11 . .... . ................................................ . .... . ...................... . .......... . .............................................. . ...................................... . ........ . ...................... . .... . . . .... . ...................... . . ........ .......... K6 . ........................................................................................................................................... 'Changes to the Santa Ana Heights Specific' 5/9/06 . ............................................ N/A ....... . .... . ................................................ . .... . ............. ........ ....... .... . . .. . ...... ..... . z :Plan or to Aspects of the General Plan that Relate to the Santa Ana Heights Specific .................... ;P .............................................. . . . Jan .................................................... ............................ . ................................................................................. ................................................. ..... . ............................................................................ ............... ... . ................................. . ......................................... K -7 Determination of Convenience and 5/8/95 9/27/11 Necessity for Alcoholic Beverage Outlets K- 8 Seashore Oceanfront Comprehensive Plan. 5/8/95 9/27/11 3� .......................................................................................................................................... ............................. . K-z9 ;Code Enforcement 6J26/95 9/27/11 ........ ....... .... . . .. . ...... ...... z .................... KA10 . ............................................................................................................. . ;Reserved for future use ............................ ................................................................ . ............................................................................ ..... . .................... . . . . .. . . . .... . . .................. . ........ . .......................................................... ...................... . . . ............ .................... K-11 I . ............................................................................................................. . :Temporary Signage for City-Sponsored, Co-: ............................ 4/23/02 ................................................................ 9/27/11 . .................................................................................. . .................... . . . . .. . . . .... . . .................. . . . ................. . . .................... . ............ .. . ................. . . ............. Sponsored or Non -Profit and Charitable .......... : Organizations and Events .............................................................................................................. ............................................................. . ........................ . ............ ... ............................ ............................ ............................................ ............................................ ................................................................................................. ................... . ............................................................................ ........................................................................................................................................... ............................... ..... . .................... . . . . .. . . . .... . . .................. . ....... . ................... . . ................... . . .......... .. . ................. . . ............. Page 8 21-10 Council Policy Manual Changes 2015 AttachmentA City of Newport Beach May 12, 2015 .................... Policy #. . ........................................................................................................................................... Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended . ........................................ What it says currently... Proposed Change... Staff or Corrected ................................... ........................................................................... :PUBLIC WORKS ................................................ . .......................................................................................................................................................................................................................................................................................... . ......................................... ..................... ............. ... I ';Sidewalks , Curbs, Gutters and City Owned ............................ 3/22/65 . ............................................................................................................................................... 10/10/06 .......................... ............................................................ . ......................................... :Vehicles L-: 2 Driveway Approaches 1/24/66 10/10/06 L -3 :City ... ............................................................................................ Landscaping Restoration in ............................ 4/11/66 . ............................................ 1/24/94 ................................................................................................. ........................................................................................................................................... . ........................................ Conjunction with Public Works .................. .. Construction Projects .......... . ............................................. . ............................ ............................................ ................................................................................... ....................................................... ....................................... ................................. ........................................ .. .. .. . L -'4 'Private Streets 11/23/64 2/24/97 L -5 :Street ............................................................................................... and Sidewalk Improvements ...................... 10/24/66 2/26/96 ........ ....... .... . . .. . ...... ...... ... ................... .......... L -6 .............................................................................................................. ;Private Encroachments in Public Rights-of- ............................ i 8/25/69 ............................................ 1/27/15 ............................................................................................................................................................................................................................................. ........................................ :Way ... ....................................................................................................... Encroachments and Bay Access on Buena ............................ 3/14/77 . ............................................ 5/8/01 ......................................................................................... ... ........ ....... .... . . .. . ...... ...... :Vista Blvd.- Edgewater Avenue between Bay Avenue and Fernando Street L- 8 Private Encroachments in Public Rights-or 8/24/81 ................................................. ........... ............... ........... ............... ....................... ............... . .......... ............................... Way Ending at the Ocean Front or at .......... Newport Bay .............................................................................................................. ............................ ............................................ ............................................................................................................................................................................................................................................. ........................................ L-:9 ;Conversion of Public Streets to Private 11/22/82 7/22/96 .................... Streets . ............................................................................................................. . ........................... ............................................ ................................................. .......................................................................................................................... ................................. . ............................ L 10 Sound Attenuation Walls 2/10/136 2/26/96 L-11 Liquidated Damages Policy 2/23/98 . . ............................... N/A . ............................................................................................. ............................... ........................................ ............................................................................................................ ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... L- 12 Oceanfront Encroachment Policy 11/26/90 10/10/06 .......... 13 ...................................................................... .................................................................... McFadden Plaza and Pier Use Policy 10/14/91 ............................................ 5/26/98 ................................................................................................. ........................................................................................................................................... ........................................ L- 14 City Entrance and Village Signs 10/28/91 N/A ............................... . ........................................ 7515 -Encroachments on Public Sidewalks i 1/11/93 . 2/26/96 ........................................................................................................................................... ........................................ .......... 16 ........................................................................................................................................... Temporary Banners Extending over the 1/24/94 .............................................................................................................................................. 5/14/13 ................................................................................................. Because temporary banners and Updates the Municipal Code reference Webb Public Right -of -Way signs in the public right -of -way may pose risks to the public, this policy outlines the general provisions, permit. process and standards for :compliance L-:17 Mater ater Service Outside the CitY 6/27/60 2/26/96 ... ......... I .............................................................................. ;Protection of Water Quality: Drainage - 4/23/02 ...................................................................................................................................................................................................................................................... 9/27/11 ... ........ . .......... Public Rights -of -Way . ........................................................................................................................................... . .......................................................................................................................................................................................................................................................................................... . ........................................ L-: 19 Leased Street Lights 9/11/72 2/26/96 .................... L -20 . ........................................................................................................................................... Water Rates 10/26/76 . .............................................................................................................................................. 4/8/03 ........................................................................................................................................... ........................................ .................... L -21 .......... . ........................................................................................................................................... Sidewalk Cafe Standards and Procedures .............................................................................................................. 3/11/96 E ............................ . .............................................................................................................................................. 4/23/02 ............................................ ..................................................................... . ....... . ................... . . .................................. ...................... . . . ............ E ................... .................................................................................................................................................................................. .................... ............ . .. ..................................... Page 9 21-11 Council Policy Manual Changes 2015 Attachni City of Newport Beach May 12, 2015 .................... Policy It. . ........................................................................................................................................... Name Adopted . .......................................................................................................................................................................................................................................................................................... Last Amended . ........................................ What it says currently... Proposed Change... staff or Corrected I L-122 ;Protection of Water Quality: Water Quality 4/23/02 9/27/11 ................................................. ........................................................................ ............... . .. ... . ................................. . ......................................... ;Management Plans for New Development -and Redevelopment . . .......... L-'23 ........................................................................................................................................... 'The Siting of Wireless Telecommunications 9/24102 ............................................ 10/10/06 ................................................................................................. ........................................................................................................................................... ........................................ Equipment on City-Owned Land .......... L 24 ............................................................................................................. Flags on Public Bridges ............................ 6/22/04 ............................................................................................................. N/A .......................... V� .......................................................................................................................................... . ........................................ .......... L 25 i ........................................................................................................................................... ;Decorative Concrete Pavers in Alleys 8/24/04 ............................................ 4/12/05 ............................................................................................................................................................................................................................................. . ......................................... .................... L- 26 . ............................................................................................................. Neighborhood Traffic Management Policy ............................ 9/12/06 ............................................ N/A ................................................................................................. ........................................................................................................................................... ........................................ This policy was developed to provide All references to the 'Traffic Affairs Committee" have Webb residents who have traffic concerns been removed This Committee no longer exists. The access to traffic management too[ box of traffic management measures has been measures that can serve to alleviate expanded to include 'speed cushions", which are the . their concerns Stype of speed humps with gaps that do not Impact m:emergency vehicle response times. The criteria for speed thresholds would be revised so that the 'demonstrated speed concern' Is equal to or greater :than 32 mph on a 25 mph street Also, the criteria for a I 30 mph street would be equal to or greater than 37 mph. These revisions are being made because of the changes in State law related to how speed limits are established Without these revisions to the thresholds, there would be no streets that would meet the criteria.. The 7 mph threshold is consistent with many jurisdictions. As part of the process, we would be sending out a letter, rather than a survey, to ask for Hirrieut from the residents. Surveys can be too focused, :where letters allow for the residents to provide any obleut they may have. Finally, a requirement has been added that all households located Immediately adjacent to a proposed traffic calming measure that could cause noise impacts must sign In favor of the project 27 -Flags Placed Within or Extending Over the 6/9/09 N/A ........ ....... .... . . .. . ...... ...... Public Right-of-way Within Business .......... JaInTounment.D.W= .................................................................................... .............................................................................................................................................. ........................................................................................................................................... . ........................................ L 28 Assessment District Balloting Guidelines for 11/24109 N/A :Proposed New or Increased Special .......... Assessments I ................................... . .............................. ................... ................ ............................ ............................................ .................................................................................................. : . .. . ................................... .................................. . .............. . .................. . . . . .................... . ....................................... Page 10 21-12 Page Intentionally Left Blank 21 -13 Page Intentionally Left Blank 21 -14 ATTACHMENT B RESOLUTION NO. 2015- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING REVISED CITY COUNCIL POLICIES WHEREAS, the City of Newport Beach is governed, in part, by its Charter, Municipal Code and adopted City Council Policies; WHEREAS, City Council Policy D -3 requires that the City Manager annually review the Council Policy Manual for any needed additions, changes or deletions; WHEREAS, the City Manager recently completed his review of the Council Policy Manual and recommends revising various City Council Policies as shown in the revised redline policies attached to this resolution, and incorporated by reference herein (Exhibit 1); and WHEREAS, the City Manager's proposed revisions to the City Council Policies promote efficiencies, and ensure smooth administrative operations, among other benefits. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends the various City Council Policies as shown in Exhibit 1. Section 2: All prior versions of the City Council Policies that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: 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 and phrases be declared unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, sentences, terms, clauses and phrases set forth -1- 21 -15 in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council finds the adoption of this resolution and the amendment of the specified City Council Policies 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 12th day of May, 2015. Edward D. Selich Mayor ATTEST: Leilani I. Brown, City Clerk Attachment: Exhibit 1 - Redline Draft of Revised City Council Policies -2- 21 -16 RIM BOARD, COMMISSION, AND COMMITTEE APPOINTMENTS Service on City Boards, Commissions, and Committees is one of the principal means by which citizens can participate in the conduct of City government. The number of citizens qualified for such service always exceeds the number of appointments that periodically can be made by the City Council. On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Also, the City Clerk shall list all Boards, Commissions and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be posted in the City's normal posting location for agendas as well as the Newport Beach Public Library located at 1000 Avocado Avenue. The City Clerk shall further maintain a file of Candidates for Board, Commission, and Committee appointments, which shall be reviewed each year by the City Clerk to insure that those applicants are still available for appointment. Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed. Approximately Ttwo (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to the various newspapers, information relating to the vacancy including meeting dates and times, Board, Commission, or Committee functions, and the method of obtaining and submitting applications and establishing the third Wednesday prior to June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application. Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk's office, and other locations as directed by City Council. Additionally the City Clerk shall prepare and submit to the various newspapers information relating to the vacancy including meeting dates and times, and Board, Commission or Committee application procedure. Final appointment (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of notice. Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a 1 21 -17 Ew replacement to serve the balance of the unexpired term plus one (1) full term of four (4) years. Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission or Committee vacancies, it may be appropriate to make certain adjustments in the advertising and recruitment procedures, which are regularly utilized to fill these vacancies. In these cases, the City Council may make the following adjustments by majority vote at a regular public meeting: A. The two (2) month period prior to the occurrence of a scheduled vacancy, which is established for advertising purposes, may be extended to three (3) months. B. The last date to submit applications for a vacancy may be changed from the third Wednesday prior to June, to no sooner than the third Wednesday prior to May 1. C. The period established for the ad -hoc Appointments Committee's recommendation to the Council of candidates, may be extended from at least two (2) weeks, to at least four (4) weeks prior to the date of appointment. When vacancies occur, the City Council shall make every effort to appoint the best - qualified person to serve the interest of Newport Beach. The City Council shall only appoint persons who have filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council nominates candidates for positions. The application shall serve as a basis for determining if the person is a qualified elector of the City, has no conflict of interest that would prevent the applicant from serving, and otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or Council Policy. The City Council prefers that members of Boards, Commissions, and Committees represent different geographical areas of the City, but residence is a consideration only when applicants are otherwise equally qualified. To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired term. Appointees shall serve on only one (1) standing City Board, Commission or Committee at any time, with the exception of individuals who serve on committees as representatives from other City Boards, Commissions or Committees (i.e., a Planning Commissioner may be seated on the Finance Committee as a representative of the Planning Commission). This provision may be waived by a majority vote of City Council. 2 21 -18 FEW Unless an alternative appointment procedure is provided in the formation ordinance /resolution, at such time when an appointment to a Board, Commission or Committee is necessary, the Mayor, at his /her discretion, may establish an ad -hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad -hoc Appointments Committee's duties are as follows: A. Review all applications for position to City Boards, Commissions and Committees. The ad -hoc Appointments Committee will review applicant answers to all questions contained in the application; B. Conduct any necessary interviews with individual applicants; and C. At least two (2) weeks prior to the date of appointment, recommend to the full City Council at a regular public meeting, two (2) or more candidates for each Board, Commission or Committee vacancy. Members of the City Council may wish to interview the recommended candidates further prior to final selection by the City Council. By requiring two (2) or more candidates for each vacancy, it is the intent of the City Council that at least two (2) separate individuals should be considered for each vacancy (i.e., if there are two (2) vacancies, at least four (4) separate individuals will be considered). The ad -hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, shall attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant's duties in an impartial manner free from bias. It is generally recognized that from time -to -time it is possible for any individual to have a conflict on any one (1) given issue. The ad -hoc Appointments Committee, however, shall endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission or Committee. If no alternative appointment procedure is provided in the formation ordinance/ resolution, and if the Mayor does not form an ad -hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting. 3 21 -19 WW) PROCEDURE FOR VOTING ON APPOINTMENTS TO CITY COMMISSIONS, BOARDS AND COMMITTEES A. The City Council will vote on all appointments and seats on each Board, Commission and Committee simultaneously. The voting will be by paper ballot and the City Clerk will tabulate and announce the results, including the vote tally. B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. In order to be appointed, the nominees must receive at least four (4) votes. C. For Boards, Commissions and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed. D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only. E. In the event that no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees and the determination will be made as previously stated. The City Clerk shall also be responsible for the following functions associated with Board, Commission and Committee appointments: A. Preparation of letters for the Mayor's signature notifying successful candidates of their appointment. B. Preparation of letters for the Mayors signature notifying unsuccessful candidates for appointment. C. Preparation of letters for the Mayor's signature thanking outgoing members for their service and coordination with the Purchasing Agent in the preparation of formal Certificates of Appreciation. If established, once the final appointments are made by the City Council, the ad -hoc Appointments Committee will be dissolved. 0 21 -20 WVj Business Improvement District Appointments The appointment of Business Improvement District advisory boards or the designation of an owners' association is exempt from this Council Policy, but shall be consistent with the California Streets and Highways Code. Adopted - June 28,1965 Amended - November 23,1981 Amended - August 15,1966 Amended - January 24,1994 Amended - September 26,1966 Amended - February 26,1995 Amended - June 10, 1968 Amended - August 12,1996 Amended - July 12,1976 Amended - February 24,1997 Amended - September 12,1977 Amended - March 22,1999 Amended - November 28,1977 Amended - July 12,1999 Amended - December 19,1977 Amended - September 27,1999 Amended - June 26,1978 Amended - March 14, 2000 Amended - March 12,1979 Amended - May 8, 2001 Amended - July 27,1981 Amended - April 23, 2002 Amended - May 14, 2013 Amended - May 12, 2015 Formerly A-4 21 -21 OPEN MEETING POLICIES PURPOSE W. The Newport Beach City Council and certain Boards, Commissions and Committees are required to comply with the Ralph M. Brown Act (Brown Act). The Brown Act requires public entities to deliberate and take action, in open session. The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives. POLICY A. Regular Meetings. The City Council shall hold regular meetings on the second and fourth Tuesdays of each month except in December and August when there shall be at least one regular meeting held on the second Tuesday. The meetings shall be held in a location allowed by the Charter. The regular meeting shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, for Study Session, Closed Session to follow immediately thereafter, recess after Closed Session, and reconvene at 7:00 p.m. or as otherwise scheduled due to the demand of business. The December meeting of even - numbered years shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, without reconvening at 7:00 p.m. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at another location within the City, or locations outside the jurisdiction of the City provided appropriate notice is given pursuant to, and the location of the meeting is consistent with, the Brown Act. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hours on the following business day. B. All regular, special and adjourned meetings of the City Council, Boards, Commissions, and Committees created by the Charter or formal action of the City Council and which have continuing subject matter jurisdiction shall be called, noticed and conducted in compliance with the Brown Act. C. Regular City Council Meeting Agenda. 1. Staff shall provide the City Clerk with the title and recommendation of all items to be placed on a regular Council meeting agenda no later than 5:00 p.m. two Fridays before the next regular City Council meeting. The City Clerk shall prepare the regular meeting agenda of all such matters under the direction of the City Manager. This agenda shall be provided to the City Council Members on the Thursday preceding the Tuesday Council meeting to which it pertains. 1 21 -22 RVI The agenda and staff reports will be available for the public and media in the Office of the City Clerk and shall be posted on the City's public website no later than 3:30 p.m. on the Friday preceding the meeting. 2. The regular meeting agenda shall contain a brief description of each item of business to be transacted or discussed and a statement that members of the public may offer testimony as to any matter on the agenda and may speak on non - agenda items during the public comment section of the agenda. The agenda shall be posted on the City's website, as well as at the entrance to the City Council Chambers, at least 72 hours before each regular meeting, and the City Clerk shall maintain records of the name of the person posting the agenda, and the date and time of posting. 3. Items may be placed on a City Council agenda in the following manner: A. A Council Member may ask during the Council meeting that a matter be brought to the City Council at a future meeting. The matter will be brought back at the next Council meeting (if possible). At that Council meeting, if a majority of the City Council wishes to examine the issue, staff will prepare an appropriate report and return the item to the City Council with greater detail for discussion and /or action. B. In addition to the above, the Mayor may ask the City Manager to place an item on the Council's agenda outside of a Council meeting. If so, the matter will be brought back at the next Council meeting (if possible). At that Council meeting, if a majority of the Council wishes to examine the issue, the staff will prepare an appropriate report and return the item to the City Council with greater detail for discussion and /or action. C. The City Manager may place an item on the agenda in the course of operating the City. CLOSED SESSION AGENDA The Closed Session agenda shall be prepared by the City Attorney. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in closed session that is required to be reported in open session by the Brown Act. 2 21 -23 W. COUNCIL CORRESPONDENCE The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City Manager. The City Manager shall give immediate attention to administrative business referred to in the communication that does not require Council action and may be promptly concluded or shall prepare a staff report for the next available Council meeting. Except as otherwise permitted by law, all mail or written communications from the public /residents /applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting at which the City Council will consider the item that is the subject of the mail or written communications to allow time for the City Council to adequately consider the mail or written communications. ORDER OF BUSINESS The agenda for regular meetings of the City Council shall contain the following items in the order listed: Study Session Public Comments, including public comments about items on the Closed Session agenda. Closed Session - After Study Session - Council Chambers Conference Room Recess Reconvene at 7:00 p.m. for Regular Meeting Roll Call Closed Session Report Pledge of Allegiance Invocation Presentations Notice to the Public City Council Announcements or Matters Which Council Members Would Like Placed on a Future Agenda (Non- discussion Item) 21 -24 W. Public Comments on Consent Calendar Consent Calendar: A. Reading of Minutes/ Ordinances and Resolutions B. Ordinances for Introduction C. Ordinances for Adoption D. Resolutions for Adoption E. Contracts and Agreements F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications) Items Removed from the Consent Calendar Public Comments on Non - Agenda Items Oral Reports from City Council on Committee Activities Public Hearings Continued Business Current Business Motions for Reconsideration Continued Closed Session, if necessary (report if applicable) Adjournment The Mayor shall have the discretion to change the order of business. Council Members maX change the order of business by majority vote of the City Council. PREPARATION OF MINUTES The City Clerk shall have the exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. 21 -25 FEW READING OF MINUTES Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk previously furnished each Council Member and the public binder and website with a copy. Adopted - November 13,1967 Amended - March 28,1994 Amended - June 13,1977 Amended - June 27,1994 Amended - October 25,1977 Amended - December 12,1994 Amended - February 9,1981 Amended - February 26,1996 Amended - December 9,1996 Amended - May 26,1998 Amended - November 8,1999 (eff.1/1/2000) Amended - March 14, 2000 Amended - February 27, 2001 Amended - March 27, 2001 Amended - August 28, 2001 Amended - January 27, 2004 Amended - March 9, 2004 Amended - March 28, 2006 Amended - February 26, 2008 Amended - October 27, 2009 Amended - December 6, 2010 Amended - February 22, 2011 Amended - November 27, 2012 Amended - January 8, 2013 Amended - May 14, 2013 Amended - May 12, 2015 21 -26 CITY COUNCIL BOARDS, COMMISSIONS, AND COMMITTEES MIJA IO ►:IM This policy sets forth guidelines for the establishment and conduct of the various Boards, Commission andAdvisery Committees appointed by the City Council to review and make recommendations on specific issues or interest areas. GENERAL GUIDELINES The following shall apply to all .,e ffi . ittees: A. Boards and Commissions shall be established by City Charter or ordinance of the City Council. A. Committees shall be established by a resolution of the City Council in accordance with this policy. B. Boards, Commissions and Committees shall be designated either 1) Permanent; 2) Standings or &Ad Hoc. Boards, Commissions and Committees with Ad Hee een+RiWees having a definite termination date -. may be extended by Council action. C. Appointees to Boards, Commissions and eCommittees shall be electorates and residents of the City. However, when exceptions are warranted, the reasons shall be so stated in that Boards, Commissions or eCommittee's enabling ordinance or resolution. D. Committee appointees may be replaced after three (3) consecutive unexcused absences from committee meetings. E. With the assistance of the City Attorney, all Boards, Commissions and c-Committees shall determine the applicability of and comply with the Brown Act and other open meeting laws. F. All Boards, Commission and Committee meetings open to the public shall include an opportunity for public comments and questions. G. Boards and Commissions shall be reviewed on or before December 31 of each vear consistent with the Maddv Act (Cal. Gov S 54972) and Council Policv A -2 (Board, Commission, and Committee Appointments). Committees shall be reviewed in October of each year for any needed additions, changes or deletions by the City 1 21 -27 WWI Manager and the City Council. This provision shall not however prevent such changes at other times of the year. BOARDS AND COMMISSIONS (PERMANENT) These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section, ordinance or resolution. Appointments are made pursuant to Council PoliQL A -2 (Board, Commission, and Committee Appointments). COUNCIL COMMITTEES (STANDING OR AD HOC) These shall consist of City Council members and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint the City Council members subject to confirmation by the full City Council. COUNCIL /CITIZENS COMMITTEES (STANDING OR AD HOC) These shall consist of City Council members, citizens and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint City Council members to these committees subject to confirmation by the full City Council. Appointment of citizens and staff members to these committees shall be addressed in the respective enabling ordinance or resolutions. CITIZENS ADVISORY COMMITTEES (STANDING OR AD HOC) These shall be comprised solely of citizens with perhaps City Council or staff liaison. Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, enabling ordinances or resolutions may provide that appointees represent each of the Councilmanic districts in which case appointments shall be made by individual Council members for their respective districts subject to confirmation by the full City Council. I JOINT GOVERNMENTAL COMMITTEES (PERMANENT OR STANDING) These are committees comprised of representatives from several governmental agencies. Representatives to these committees can be either City Council members or City staff. Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council. 21 -28 We] CITY STAFF COMMITTEES (PERMANENT, STANDING OR AD HOC) These are comprised of staff members designated by their job title as prescribed by enabling ordinance or resolution. Adopted - May 8,1973 Amended - February 9,1981 Amended - May 12,1973 Amended - November 23,1981 Amended - June 11, 1973 Amended - January 12,1987 Amended - December 8,1975 Amended - October 22,1990 Amended - June 28,1976 Amended - August 9,1976 Amended - December 13,1976 Amended - January 10, 1977 Amended - January 24,1977 Amended - September 11, 1979 Amended - October 1, 1979 Amended - November 12,1979 Amended - January 24,1994 Amended - February 27,1995 Corrected - February 26, 1996 Amended - May 26,1998 Amended - May 12, 2015 21 -29 /_�i J DISCRETIONARY GRANTS It shall be the policy of the City Council that the City of Newport Beach's ("City") budget specifically allows the City Council to, at any time during the year, direct revenue towards worthy projects or programs which the LLty-Council deems beneficial to Newport Beach's resident's quality of life. The City Council notes that it has at least multiple tools at its discretion to assist non - profit agencies, community groups, community events, or enhancement projects within the City. These tools are: A. Federal Community Development Block Grant (CDBG) Social Service Funds; B. Community and Human Se fv",,., Programs Grants from the General Fund; C.a+id Special Event Grants from the General Fund; and ED. The "District Discretionary Grant Account" from the General Fund. These funds shall be provided for in the following manner: 431ae1E4Qfff4_&DBQ Social Services funds shall be allocated according to standards set by the federal government and appropriated at least once each year. The level of funding offered for sSocial sServices in Newport Beach shall be based upon federal formulas and the specific amount of CDBG revenue allocated to the City in any one fiscal year. The Planning Community Development Department shall administer these funds after City Council approval of the funds' expenditure. Community and 14u+n " Servie" Programs Grants shall be expended from the General Fund in the amount of $32-54J000 each fiscal year. The City Manager's Office shall review all requests for Community a4ia u."M an cer-;. ices Programs Grants and shall forward recommendations for funding to the City Council for final approval. -At the time of the City Manager's presentation of any Community „' Tom' Se- • — Programs Grant award proposals to the City Council, the City Manager shall show which entities, if any, have received funds from - 4herthe CDBG Social Services Fund, the District Discretionary Grant Account, or a Special Event Grant during the same fiscal year. The City Manager shall follow these priorities when recommending Community sPrograms Grants: A. Local groups located within the City and offering programs to City residents; 1 21 -30 WIN B. Regional groups located in Orange County and offering programs to City residents; and C. Groups located in California and offering programs to City residents. Groups not offering programs or services to local residents shall not be eligible for support from the City. Special Events Grants are intended to allow meritorious community, social or athletic events to offset some or all of their City fees for their event. Doing so should decrease costs to the event organizer so that beneficiaries can see even greater benefit from any fundraising associated with the events. The City Manager shall, in consultation with the City Council, establish a threshold amount for the proposed City budget that reflects adequate support for these events. The City Manager shall establish an administrative policy for these grants. The City Manager may divide the funding into more than one category to ensure that different types of events are fairly measured with peer events. The City Council shall consider and approve the Special Event Grant allocations by recipient. District Discretionary Grant Accounts. At the start of the fiscal year, the City Manager shall provide an account for each Council District within the City Council's Budget division known as the District Discretionary Grant Accounts. The City Council shall set a funding level of these Accounts during the budget process preceding the June adoption of the City's budget. Each City Council mMember shall have, at his or her discretion, the ability to allocate their District's funding to uses, projects, or community entities that benefit the City as a whole or the City Council Member's district specifically. Any expenditure from these Accounts must have an identifiable public benefit. Requests to expend these funds should be directed by each City-Council Member to the Finance Director. Expenditures will be reported to the Ci1y Council annually. -The report will include a brief description and the public benefit associated with each expenditure. At the conclusion of the fiscal year in which the District Discretionary Grant Accounts received appropriation, all unencumbered funds in the Accounts shall be deposited in the City's General Fund Reserve Account. 2 21 -31 ►_�i d Adopted - July 8,1985 Amended - October 28,1991 Amended - January 24,1994 Amended - May 22, 2001 Amended - June 22, 2010 Amended - September 27, 2011 Amended - May 12Ap&28, 2015 Formerly F -22 21 -32 RESTRICTIONS ON COMMUNICATIONS INITIATED BY CITY OFFICIALS OR CITY STAFF WITH CIVIL SERVICE BOARD MEMBERS PURPOSE A -14 To establish a City Council policy that ensures contacts and communications made by the City Council or City staff with the Civil Service Board do not interfere with an employee's right to a fair and impartial hearing. BACKGROUND The Civil Service Board was created by the City Charter to, among other things, hear appeals filed by City employees who have been suspended, demoted or discharged. The purpose of this City Council policy is to ensure that communications initiated by the City Council or City staff with members of the Civil Service Board do not interfere with an employee's right to a fair and impartial hearing. This policy also restricts the dissemination of records presented to the Civil Service Board during any hearing related to a personnel matter. POLICY A. City officials, employees and employee representatives shall not contact Civil Service Board members to discuss any information pertaining to a past, pending or prospective hearing involving employee discipline or grievances. B. All documents presented to the Civil Service Board prior to, or during, an employee disciplinary hearing or grievance hearing shall be considered confidential. No City Council member, City employee or employee representative shall release any such document to any person without the prior written approval of the applicant's representative and the Secretary for the Civil Service Board. C. A Civil Service Board decision shall be considered confidential and shall not be released to any person without the prior written approval of the applicant's representative and the Secretary for the Civil Service Board. 1 21 -33 WIME11 D. Documents pertaining to a pending hearing that are transmitted to one or more members of the Civil Service Board shall be transmitted to all Board members by the Human Resources Me tage irector unless circumstances indicate that the document has already been transmitted to all Board members. Adopted - January 27,1997 Amended - May 12, 2015 2 21 -34 A -17 NEWPORT BEACH CITY COUNCIL AIRPORT POLICY style Definit on: Heading 2: Not shadow, Shadow A. EXECUTIVE SUMMARY style Definition: Tire: Not shadow, Shadow The City Council's primary objective is to protect Newport Beach residents from the impacts of commercial aircraft operations at and from John Wayne Airport (JWA). The City Council believes that the impacts related to JWA are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. For the last 30 years, the City, and community groups concerned about adverse airport impacts, have developed and implemented strategies to control those impacts and these efforts, which have been supported by the County for the last 1830 years, have made JWA one of the most "community friendly" airports in the nation. The City and community groups have achieved some success in controlling airport impacts by understanding, and working within, the complex legal, economic and political factors that are relevant to adverse airport impacts such as the type and level of aircraft operations. The purpose of this Policy, which is admittedly long and somewhat complex, is to provide elected and appointed officials with information and guidelines that will help ensure that decisions related to JWA serve the best interests of Newport Beach residents and enable residents to better understand and provide input regarding those decisions. Recognizing that the City has no legal ability to directly regulate JWA operations, the City Council and community groups approved (in 1985), aggressively protected (in 1990), and then extended (in 2002 and 2014) the term (in 2002) of the JWA Settlement Agreement. The JWA Settlement Agreement is the single most important vehicle for controlling adverse airport impacts. The City Council should pursue future Settlement Agreement amendments but only if the terms and conditions of the amendments dori t facilitate any aivpeftphysical expansion of the airport, don t modify the curfew, don't adversely impact our resident's quality of life and are in the best long -term interests of Newport Beach residents most adversely impacted by airport operations. The City will continue to aggressively oppose any proposal or plan that could lead to development of a second air carrier runway or runway extension and any plan or proposal that could lead to any modification of the existing noise -based curfew. The City will continue to work with, and support the efforts of, community groups and other cities impacted by JWA when those efforts are consistent or compatible with the airport strategies approved by the City Council. The City will also actively support any program or proposal that would 1 21 -35 A -17 help serve Orange County's air transportation demand at facilities other than JWA. This Policy has been developed with input from the Qg-z- . Aviation Committee ie, i.tia r,.R+a4itte.` that was established by the City Council in 1979. Aviation Committee members have volunteered thousands of hours in developing and implementing City airport policies and strategies. The Aviation Committee is comprised of ,.e. gist.. of residents of each EecmpilmanieCouncil District, many of whom are pilots or otherwise knowledgeable about airport or aviation issues, and the diversity of membership ensures relevant input from all geographic segments of the City. The City Council appreciates the good work of the Aviation Committee and will continue to rely on the Aviation Committee in developing and implementing airport policy. B. HISTORY Many residential communities in Newport Beach are located under or near the departure pattern of commercial, and some general aviation, aircraft operating out of JWA. The City has, since the mid- 1970's, developed and implemented strategies designed to minimize the adverse impacts - such as noise and traffic - of JWA on its residents and their quality of life. The City's initial efforts focused on involvement in "route authority" proceedings conducted by the Civil Aviation Board and litigation challenging County decisions that could increase the level or frequency of aircraft noise events. However, the City and community groups concerned about JWA such as the Airport Working Group (AWG) and Stop Polluting Our Newport (SPON) re- evaluated the litigation strategy after the Board of Supervisors (Board) approved the 1985 JWA Master Plan (Master Plan) because of changes in State and Federal law as well as the factors that impact air transportation demand in Orange County and the region. In 1985, the City, County, SPON and AWG entered into a stipulation and agreement (1985 Settlement Agreement) to resolve Federal Court litigation initiated by the County seeking judicial approval of the Master Plan. The 1985 Settlement Agreement required the Board to modify resolutions approving the Master Plan to reduce the size of the terminal and limit the number of parking spaces. The 1985 Settlement Agreement also: (a) established three "classes" of commercial aircraft (Class A, AA, and E) based on the noise generated by the aircraft (operating with known gross takeoff weights) at the departure noise monitoring stations; (b) limited the number of "average daily departures" (ADD) of Class A and AA departures before and after construction of a new terminal to 73 ADD; (c) limited the number of passengers served each year at JWA (expressed in terms of "million annual passengers" or "MAP ") to 8.4 MAP after 2 21 -36 A -17 construction of the new terminal; and (d) required the County to maintain the curfew then effect at JWA and enforce the General Aviation Noise Ordinance. Between 1985 and 2002, the County, City, SPON and AWG each collectively agreed, on seven separate occasions, to amend the 1985 Settlement Agreement. These amendments responded, among other things, to: (a) a new FAA Advisory Circular (AC 91 -53A) that established specific criteria for close -in and distant noise abatement departure procedures; (b) changes in the location and /or type of equipment used to monitor commercial air carrier noise levels on departure; (c) air cargo carrier requests for access; and (d) changes in passenger, facility and baggage security requirements brought about by the events of September 11, 2001. In 1990, Congress adopted the Airport Noise and Capacity Act (ANCA) which, in relevant part, requires FAA "review and approval of proposed noise or access restrictions" on Stage 3 aircraft. The City and County successfully lobbied Congress to "grandfather' (exempt from the FAA "review and approval" requirements of ANCA): (a) the 1985 Settlement Agreement; (b) amendments to the 1985 Settlement Agreement that do not adversely impact airport capacity or airport safety; and (c) the then current County noise "curfew" ordinance in August ef 2000, the City Couneil asked �he 44eafEl to Fansidef egEtending the appropriate terms and conditions of the extension. During this period, the City engaged in an extensive public information program with the a9sistanep of othp eammunities ifnigaeted by air-part noise ineluding Newpeft Beaeh, Costa Mesa, Orange, Saf�ta Ana, Tustin affd Afbaheifn (known eelleefively, together i` Newport Beach, as the "CefFidpy Cities"). This preeess oula"inated in C", County, SPON and AWG approval of amendments to the 1985 Settlement Agfeefnent (2002 Amendments Exh-jisit Ain December of 2002, the City, County, SPON and AWG approved amendments to the 1985 Settlement Agreement (2002 Amendments) that: (a) elim rated the "AA" class of aircraft; (b) increased the maximum number of noise regulated air carrier ADD from 73 to 85; (c) increased the maximum number of air cargo ADD from 2 to 4 (the County is authorized to allocate two air cargo ADD to air carriers pending requests for use of those ADD by air cargo carriers); (d) increased the service level limit from 8.4 to 10.3 MAP until January 1, 2011 and to 10.8 MAP on and after January 1, 2011 (with 500,000 seats allocated to regional jets); and (e) increased the maximum number of passenger loading bridges from 14 to 20. The 2002 Amendments also eliminated the floor area restrictions on the size of the terminal and the "cap" on public parking spaces. 21 -37 A -17 contingent on receipt of „ letter from the FAA confirming that the 2002 ....a gf&nt „ ... ade by the rauRt.. r.q n,.,.,... be, - 200 tke P n n ,.,...t ., letter ,.,...tarn... ,.,... plian (FAA letter P.,hilsiit 131, January 2003, the Honorable Terry Hatter (the Federal District Court Judge who entered the stipulated judgment implementing the 1985 Settlement Agreement stipulation) also approved the stipulation of the parties implementing the 2002 Amendments. The 2002 Amendments allowed the County to offer additional air transportation service without any significant increase in noise impacts on Newport Beach residents. The flight and service level restrictions fpfflahn :_ ,.ff,..t at lea -•under the 2002 Amendments were effective until January 1, 2016 and provisions related to the curfew remain in effect until at least January 1, 2021. The FAA lek-ef eaf4i,-mingconfirmed the validity of the 2002 Amendments4s thus establish n¢ a precedent for future amendments that do not adversely impact airport capacity or airport safety. In 2012, recognizing that the 1985 Settlement Agreement (as amended) would expire in 2015, the City Council asked the County to consider a further extension of the 1985 Settlement Agreement. In April 2013, the County, City, AWG, and SPON entered into a Memorandum of Understanding (2013 MOU) outlining the terms for the extension of the 1985 Settlement Agreement and to define their respective roles an d responsibilities in the preparation of an environmental impact report (EIR) for the extension of the 1985 Settlement Agreement. In September and October of 2014, the City, County, SPON, and AWG approved amendments to the 1985 Settlement Agreement (2014 Amendments - Exhibit A) that: (a) extended the term of the 1985 Settlement Agreement until at least December 31, 2030; (b) requires that there be no change to the curfew until at least December 31, 2035; (c) maintains the 10.8 MAP limit through December 31, 2020 and increases the MAP level for departing and arriving Passengers at TWA to 11.8 MAP, beginning on January 1, 2021, through December 31, 2025, and increasing the MAP level from 11.8 MAP to 12.2 or 12.5 MAP , beginning on January 1, 2026, through December 31, 2030; (d) maintains the 85 Class A ADD limit through December 31, 2020 and increases the limits on said flights from January 1, 2021, through December 31, 2030 to 95 ADDS; (e) maintains the number of ADDS allocated to air cargo service at four ADDs, two of which can be used for commercial air passenger flights, through December 31, 2030; and (f) prohibits additional passenger loading bridges through December 31, 2020, at 21 -38 A -17 which time the restriction on the number of passenger loading bridges would be lifted. In September of 2014, the FAA made a favorable determination that the 2014 Amendments do not have an adverse impact on airport capacity or airport safety and that the 2014 Amendments comply with other relevant federal laws and regulation (Exhibit B). In October of 2014, the Honorable Terry T. Hatter, Jr. (the Federal District Court Judge who entered the stipulated judgment implementing the 1985 Settlement Agreement stipulation) also approved the stipulation of the parties implementing the 2014 Amendments. C. LEGAL FRAMEWORK The strategies, actions and decisions of the City Council and community groups concerned about airport impacts must consider and respect the complex statutory and decisional law related to aircraft operations and airport regulations. The failure of the City Council or community groups to accurately inform Newport Beach residents about the legal framework could lead to unreasonable expectations and ill- advised decisions and /or strategies. The following is a brief summary of some of the more important laws applicable to the control of aircraft operations and airports. 1. Noise Control. The U.S. Supreme Court has decided that the owner of an airport - the proprietor - is the only non - federal entity that can adopt regulations restricting the amount of noise that is generated by aircraft operations. A non - proprietor such as the City of Newport Beach has no authority to adopt ordinances or resolutions that regulate airport noise. In fact, ANCA severely constrains the right of the proprietor to regulate Stage 3 aircraft operations. ANCA states that any "noise or access' restriction on commercial aircraft operating today must be "reviewed and approved" by the FAA. The FAA review is based on an extensive proprietor funded study of the impacts of the proposed restriction. As of this date, the FAA has not approved any proposed Stage 3 aircraft noise or access restriction and the consensus of aviation attorneys is that the FAA would be hostile to any such a restriction. The 1985 Settlement Agreement predated ANCA - Formatted: Level 1, Indent: Left: 0" 21 -39 A -17 and was "grandfathered" from its provisions. The 2002 and 2014 Amendments were not subject to FAA review and approval, as confirmed by the FAA letter, because they did not adversely impact airport capacity or airport safety. 2. Aircraft Operations & Airport Facilities. The FAA has exclusive jurisdiction over aircraft after takeoff and extensive authority over airport facilities. The FAA approves standard instrument and noise abatement departure procedures and has done so with respect to aircraft operations at JWA. The FAA also approves "airport layout plans" for each airport and has the authority to enforce regulations that promote and /or pertain to airfield and airport safety. While the proprietor retains the authority to decide the number and nature of certain facilities such as passenger loading bridges and aircraft tie- downs, the FAA has adopted, and has the discretion to enforce, numerous regulations governing airport facilities. Federal law preempts any local law purporting to regulate aircraft operations or airfield safety. 3. Interstate Commerce Clause. Commercial air carrier operations are considered interstate commerce and the Interstate Commerce Clause can be invoked to invalidate local laws or regulations that purport to control certain aspects of those operations. The courts will invalidate laws or agreements that are found to be "unreasonable restraints" on Interstate Commerce. The following components comprise the City's airport policy: 1. Primary Objective 2. Considerations 3. JWA Settlement Agreement 4. JWA Facilities & Operations 5. Alternative Transportation Service 6. Public Agency Support and Participation 7. Community Involvement 8. Monitoring/ Recommendations 21 -40 A -17 E. POLICY 1. Primary Objective The City Council's primary objective is to protect Newport Beach residents from the adverse impacts of commercial aircraft operations at and from john Wayiae ea_. e# 4JWA)-., The City Council believes that airport impacts are now, and will continue to be, the most significant threat to the quality of life of Newport Beach residents. Accordingly, the City should develop, modify as necessary and aggressively implement strategies and action plans that are designed to achieve the primary objective. The strategies and plans must consider and respect the complex legal, political and economic factors relevant to airport operations and impacts. 2. Considerations The City's airport policy has, historically, been based on a thorough understanding and consideration of a wide range of factors that are relevant to airport operations and impacts. Factors relevant to airport operations and impacts include: a. State and Federal law; b. The attitudes, philosophy and regulations of the FAA; C. The state of the economy - national and regional; d. The economic condition of the air carrier industry; e. The regional demand for air transportation; f. Regional and sub - regional planning and transportation programs and policies; g. The decisions, philosophy and opinions of the Board of Supervisors and, to a lesser extent, other local, State and Federal representatives and officials; and h. The opinions and concerns of Orange County residents and business owners. The number of relevant factors and the complexity of the issues related to adverse airport impacts mean that no single approach or simple strategy will be successful in achieving the City's primary objective. The City will be able to achieve its primary objective only if its strategies and action plans reflect a thorough understanding and consideration of these factors - especially the legal framework applicable to airport and aircraft operations - and if its residents understand the inherent limitations on the 21 -41 A -17 City's legal authority to regulate aircraft operations or airport service levels. 3. TWA Settlement Agreement The JWA Settlement Agreement is the primary vehicle by which the City exercises control over airport impacts. The operational and service level restrictions in the JWA Settlement Agreement remain in effect at least until January 1, 2916 2031 and provisions related to the curfew remain in effect until at least January 1,'^". 2036. FAA letterletters confirming the validity of the 2002 and 2014 Amendments is a precedent for future amendments that, like the 2002 and 2014 Amendments, increase air transportation service without impacting airport capacity, airport safety or the quality of life of Newport Beach residents. The City Council shall pursue further amendments to adhere to the following fundamental principles with respect to the JWA Settlement Agreement and any modification or amendment under consideration: a. The City Council shall not consider or approve any agreement (including any amendment of the 2002 and 2014 Amendments) that would or could result in any modification to the County's airport curfew ordinances. b. The City Council shall not consider or approve any agreement (including any amendment of the 2002 and 2014 Amendments) that would or could lead to the construction of a second air carrier runway. C. The City Council should consider modifications to the Settlement Agreement only upon a determination, based on appropriate environmental documentation, that the modifications will not materially alter the quality of life, and are in the best long term interests, of Newport Beach residents most impacted by JWA. d. As a condition to any amendment of the 2002 and 2014 Amendments or successor agreements, the City Council should obtain a favorable FAA determination that the proposed amendment or agreement is exempt from FAA review and approval on the basis that there is no adverse impact on airport capacity or airport safety and complies with other relevant federal laws and regulations. 4. TWA Facilities & Operations 21 -42 A -17 JWA has a single air carrier runway with air carrier, air cargo and general aviation facilities sharing approximately 500 acres. The City Council shall take any action necessary to ensure that no additional air carrier runway is constructed. The City Council shall also take any action necessary to prevent any modification of the existing noise curfew that, generally speaking, prohibits certain departures from 10:00 p.m. to 7:00 a.m. (8:00 a.m. Sunday morning). The City should also support any plan or proposal that maintains, and oppose any plan or project that proposes any significant change to, the existing level of general aviation operations, the current level of general aviation support facilities or the General Aviation Noise Ordinance. Finally, the City shall take all steps necessary to preserve or enhance the existing remote monitoring system (RMS) and public disclosure of RMS readings and information. The City, through the Aviation Committee, will also continuously evaluate means and methods by which JWA impacts can be minimized including the analysis of changes in airport procedures and aviation related technological advancements to determine if feasible alternatives exist. In the event the City identifies feasible alternatives that could reduce adverse airport impacts the City shall take all reasonable actions necessary to implement the alternative(s). 5. Alternative Transportation Service The City Council recognizes that there is presently no feasible site for a second air carrier airport in Orange County and that residential and commercial development is likely to result in increased air transportation demand over time. Accordingly, the City Council should support opportunities to serve some Orange County air transportation demand at airports other than JWA including: a. Promoting circulation and transportation improvements from Orange County residential and business communities to outlying airports with capacity in excess of current operations levels such as Ontario Airport and San Bernardino International Airport. b. Supporting development of new or expanded air carrier facilities in locations that are, or could be with appropriate transportation links, convenient to Orange County residents. C. Supporting the development of new or expanded air cargo service and facilities that could increase the airfield or airspace capacity of existing passenger serving airports. 9 21 -43 A -17 d. Supporting regional and sub - regional plans and programs that are consistent with then current JWA operational and passenger service levels and provide potentially feasible means or mechanisms to serve some Orange County air transportation demand at facilities other than JWA. 6. Public Agency Support and Participation The City Council should continuously pursue support for each component of this Policy from other public agencies, especially those concerned about JWA impacts. A key component of any such initiative is the Corridor City coalition. The Corridor City coalition was a major force in Board approval of the 2002 and 2014 Amendments. The Corridor City coalition was built on a foundation of mutual interest in JWA operations and regular meetings between members of the respective City Councils supported by interaction between city managers and /or city attorneys. The City should continue to arrange regular meetings of the Corridor City coalition to update members on any activity that could be relevant to Orange County air transportation or JWA operations. The City will participate, to the maximum extent possible, in local and regional planning processes that have a bearing on decisions regarding airport capacity, airport service and other relevant issues. Of particular importance is participation in the Southern California Association of Governments' (SCAG) development of the Regional Transportation Plan. The City Council and staff will also regularly meet and communicate with County, State and Federal elected or appointed officials regarding the actions that the officials can take (or oppose) that will help the City achieve its primary objective. Community Involvement The City Council recognizes that any plan or strategy to control JWA impacts requires support and assistance from community -based groups concerned about airport impacts. These groups, such as the AWG, have volunteered thousands of hours pursuing strategies and plans designed to minimize airport impacts and were instrumental in past successes. The City Council welcomes, and will support, the efforts of any group or individual that is striving to achieve the City's primary objective, understands the legal, political and economic factors that are relevant to the control of airport impacts and seeks to achieve the City's primary 10 21 -44 A -17 objective in a manner that reflects full consideration and understanding of those factors. The City will communicate regularly with its residents relative to the key provisions of this Policy as well as local and regional activities that are relevant to this Policy. As part of this communication, Council members and staff will regularly meet with the leaders and /or members of citizen - based organizations concerned about airport impacts. 8. Monitoring /Recommendations The City Council is ultimately responsible to achieve the primary objective of this policy - to minimize the impact of JWA operations on the quality of life of Newport Beach residents. The City Council shall designate the City Manager as the employee primarily responsible for coordinating the implementation of this Policy. The City Manager, personally or through one or more designees, shall implement this Policy including regular communications with residents, the leaders of community organizations and the Corridor Cities. The City Manager shall periodically report the status of implementation to the City Council and shall perform the following: a. Monitoring Settlement Agreement Compliance. The City Manager shall carefully and thoroughly monitor those aspects of airport operation relevant to the Settlement Agreement, including County enforcement of the General Aviation Noise Ordinance and provide the Aviation Committee and the City Council with periodic reports. b. Monitoring Regional Airport Plans /Programs. The City Manager should continuously monitor efforts or plans by any agency or entity to develop new airports, expand existing facilities or otherwise provide additional air or ground transportation service that could serve Orange County air transportation demand. C. Monitoring Regional Planning Agencies. Agencies such as SCAG have the authority to, and do, adopt plans and programs that materially impact airport planning, airport usage, airport development and access to airports. The City Manager should ensure that a City representative routinely attends all SCAG meetings that pertain to aviation and report all relevant activities to the City Council and the Aviation Committee. d. Monitoring State & Federal Legislative Sessions. State and Federal legislation - such as ANCA - have the potential to impact JWA and Orange County air transportation issues in a variety of ways. The 11 21 -45 A -17 City Manager should routinely monitor all proposed State legislation and, to the extent feasible, potentially relevant Federal legislation and notify the City Council and the Aviation Committee of any legislation that is relevant to the City's ability to protect its residents from impacts related to JWA operations. e. Recommendations. The City Manager should continuously advise the City Council on actions that should be taken to implement this Policy in a manner consistent with the Fundamental Principles. The City Manager shall prepare and submit to the City Council for consideration at a noticed public meeting reports that explain the rationale for any recommendation. Adopted - February 14,1972 Amended - October 14,1975 Amended - November 27,1978 Amended - October 14,1980 Amended - July 27,1981 Amended - September 27,1982 Amended -March 14,1983 Amended - May 23,1985 Amended - December 9,1985 Amended - October 22,1990 Formerly B -1 and B -2 Adopted - December 13,1993 Amended - February 27,1995 Amended - March 22,1999 Amended - July 25, 2006 Amended - May 12, 2015 12 21 -46 PARK FEE POLICY PURPOSE al 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 112 service 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 area may be used to create new, or rehabilitate, existing park 21 -47 al or recreational facilities within that services area and as provided in the Recreation and Open Space Element. B. Implementation Schedule. Park fees shall be placed in Hie— FaeiRliesthe Facilities Financial Planning Reserve 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, and 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 and Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - August 11, 2009 Amended - May 14, 2013 Amended - May 12, 2015 Formerly I -1 21 -48 EXHIBIT A PARK DEDICATION POLICY PARKS GUIDE al The following view parks serve as citywide resources by reason of their unusual beauty and the view provided: Back Bay View Park Bayview Park Begonia Park Channel Place Park Civic Center 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 Sunset View 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 multi- purpose fields, and basketball court. Buck Gully- hiking trails rails Buffalo Hills Park - Basketball court, baseball/ softball diamond, volleyball court, multi- purpose fields. 21 -49 M Carroll Beek Community Center and Balboa Island Park - Basketball court, tot playground and community center. Civic Center Park - Scenic view, dog park, art sculptures, cactus garden, Civic green, and walking trails and community room. Coastal Peak Park - Two multi- purpose fieldsbaseball fields, playground, two picnic pavilions and basketball court. 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. I aq_A_yPnaq Park Lighted temqis eaufts, basketball eou# and community . Lincoln Athletic Center - Gymnasium, lighted baseball/ softball diamond and- -- Fa matted: indent: Left a °, First line: o.s° multi- purpose fields. Marina Park - Community center, sailing center, picnic area, playground, basketball courts and fitness course. Mariners Park - Multi- purpose room, baseball/ softball facilities, racquetball courts, lighted tennis courts, multi- purpose fields, and an ADA equipped play area. Newport Coast Communitv Center - Gvmnasium, multi- purpose facilitv with classrooms OASIS Senior Center - Multi- purpose senior facility with classrooms- arFd-large multi- purpose room, and fitness center. 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,-aR4-lawn bowling facility, and pickleball courts., San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball court and an ADA equipped play area. 4 21 -50 M Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view and playground. Theater Arts Center - Ninety seat community theater. West Newport Community Center- Gymnasium, multi- purpose facility with classrooms. West Newport Park - Tennis courts, racquetball courts, basketball court, and 3 playgrounds. 38th Street Park - Basketball courts and playground (ADA compliant). 21 -51 SPECIAL EVENT PERMIT REQUEST PROCESSING PURPOSE Iau 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 tkat-a permit to 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 community. It is the responsibility of the Recreation and 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 supervisor in the Recreation and Senior Services Department 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: ActjvLty Fireworks Reviewing Department Fire Department Police Department City Manager 1 21 -52 Tents and Canopies Requests on the Harbor Requests on the Balboa Pier Requests on McFadden Plaza Requests on the Newport Pier Requests on Public Beaches Department Requests in a Public Park Pepartment Department Requests to Deviate from Use Permit Department Requests at a Commercial Location Department Signs and Banners on Private Property Department Signs and Banners on Public Property Amplified Sound at a Commercial Location Department Amplified Sound at a Residential Location Fire Department Building Department Harbor Resources Division Sheriff's Harbor Department Public Works Department Public Works Department Public Works Department Harbor Resources Division General ServiEesMunicipal 012s Fire Department Recreation and Senior Services Community Development plannHxg Community Development Plapaiing Community Development Rlag Public Works Department Community Development leg Police Department Police Department I:IVI 2 21 -53 Temporary Street or Sidewalk Closures Department Revenue Division Public Works Department General ServicesMunicipal 012s I:DFI 21 -54 Sidewalk Sales Department Use of Public Property Public Food Service Use of Back Bay Drive Department Public Works Department Community Development Plaard*g Risk Manager Health Department Department of Fish and Game Genef-' SefvieesMunicipal 01s Public Works Department County of Orange IDFI 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 and Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - August 11, 2009 Amended - May 12, 2015 Formerly 1 -7 0 21 -55 11501 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 and the 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. C. 6:00 P.M. - 9:00 P.M. City exclusive use. 1 21 -56 I ate] Holidays, Summer Vacation, Saturdays A. 6:00 A.M. - 9:00 A.M. Joint scheduling w/ City priority. B. 9:00 A.M. - 9:00 P.M. City exclusive use. Sundays A. 6:00 A.M. - 9:00 P.M. Joint City /District. (Use includes showers, restrooms and ancillary facilities.) A. All official Department/ City initiated and /or conducted activities. B. All official Department co- sponsored groups and /or activities. The aforementioned are community groups and activities which are nonprofit, self - governing, privately organized of a recreational nature may be brought under the sponsorship of the 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. 2 21 -57 11 1 SPECIFICATIONS FOR MBAC USERS A. Determining factors of priority shall include, but not be limited to, the number of City residents on the playing teams, recognized seasonal sports, and past contributions to facilities by sponsoring groups. This policy shall not be exclusionary to 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 12 months in advance. C. Staff will coordinate and chair qu�meetings as necessary nessasa 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. D. The MBAC may be closed for periodic maintenance and renovation at a time determined by NMUSD staff to be least disruptive to all parties. A. E. Any group claiming nonprofit status is required to submit nva, at the reauest of staff. proof of non -profit status bv— submittina their Internal Revenue Service 501c(3) letter and a current IRS 990 Form. 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. FEES AND DEPOSITS A. The fees charged for use of the MBAC are in accordance with the Master Fee Schedule which is annually adjusted by resolution of the City Council. B. The intent of these fees shall be that the MBAC be operated on a self - supporting basis. 3 21 -58 11 t] C. The 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 Amended - September 13, 2005 Amended - May 12, 2015 Formerly I -24 Formerly I -11 0 21 -59 PUBLIC USE OF CITY FACILMES 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, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities. PROCEDURE A. Applications to use the City facilities must be made on forms provided by the Recreation and 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 and 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 or additional clean up is required. C. Applicants will be required to acknowledge that neither the City nor the 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 and Senior Services Director or designated representative. D. Approval oref denial of a reservation request will be provided within five working days of receipt of a completed application. E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event. 21 -60 B -13 F. The City is 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 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 reservation request and rental agreement 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 is required at the time of application in order to receive the resident rate. Proof of non - profit status is required at the time of application in order to receive the non - profit rate. A Facility Use Agreement which authorizes the rental of facilities may be revoked for violation of any rental policies. REGULATIONS AND RESTRICTIONS All uses of Department facilities will be subject to the following regulations and restrictions: A. Use of Alcohol. 1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served. 21 -61 B -13 2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol. 3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties and /or receptions. 4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes. The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit. 5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility. 6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor the Police will be notified and the event will be terminated and all fees and deposits will be forfeited. 21 -62 B -13 S. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant. B. Smoking is prohibited in all City facilities including restrooms and within 1002-5 feet of all entrances, windows, and playgrounds. C. For all indoor facility rentals involving youth, 17 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 Department. 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. 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 Department through a Special Event Permit. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users. 21 -63 B -13 The posted occupancy of City facilities shall not be exceeded. K. Storage space will not be granted at any time. 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 Veteran's Day. M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations. N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces. Overnight narking is not allowed. O. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility. P. When no alcohol is served but the group size is 200 or more, one security guard - Formatted: Indent: Left: a ", Hanging: 0.5' may be required, at the discretion of the Department Director. Q. Policies and guidelines regarding caterers shall be adhered to. R. All professional services utilized for events require a City of Newport Beach business license. S. Animals are not permitted within City Facilities with the exception of service animals. However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department. a Mi ---_ls n, nQ;u rivo. a:_e_,, dine. . _ .1.:_ a-.._c -facilities el w__,.. � wer�az-- r��ase � .. FEE CLASSIFICATIONS - PRIORITIES OF USE Permission for use of City facilities shall be granted on a first come first served basis, subject to the following priorities: 21 -64 B -13 A. All official Department initiated and /or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B -5 and B -10. 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 Department. D. Official public agency sponsored programs and activities not included in A, B, and C above. F. 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. (private parties) 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. rl 21 -65 B -13 FEES, DEPOSITS AND CANCELLATION PROCEDURES Fees may be charged for the use of City facilities and shall be established and periodically adjusted 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 Department after inspection of the facility by the Recreation and 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 wrl -may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park Community Center.: C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co- sponsored by the City of Newport Beach or its departments, with the exception of set els ehafgesdirect costs. D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park 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 Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park 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 21 -66 B -13 Amended - April 23, 2002 Amended and Reassigned - April 8, 2003 Amended - July 22, 2003 Amended - September 13, 2005 Amended - October 10, 2006 Amended - August 11, 2009 Amended - May 14, 2013 Amended - May 12, 2015 Formerly I -25 21 -67 I-Sri MAXIMIZING PUBLIC ACCESS TO CITY PARKS The purpose of this policy is to maximize access for the general public to the parks of the City of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas: A. Reservations for the use of Inspiration Point and Lookout Point shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May: B. Groups of more than 20 attendees or participants may not reserve the following view parks at any time: Ensign View Park Galaxy View Park Inspiration Point Lookout Point Sunset View Park C. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council. D. The Park Patrol Program undertakes the program of educating the public on€ the rules and regulations for tleuse of all City parks, especially those of high use and during the peak summer season. E. Exceptions to this policy shall only be events co- sponsored by the City of Newport Beach, such as the Corona del Mar 5K Race, and for events at Galaxy View Park approved through the Special Event Permit process. Adopted - February 26, 2002 Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - May 12, 2015 Formerly I -28 1 21 -68 VOW CITY OF NEWPORT BEACH INNOVATION/ IMPROVEMENT INCENTIVE PROGRAM PURPOSE To establish a method for employees to submit suggestions to improve City business practices. The objective of the program is to achieve efficiencies in City operations by providing employees an opportunity and incentive to contribute their ideas. Ideas resulting in measurable cost savings, increased efficiency or increased revenue to the City will be given priority over intangible suggestions. POLICY Review Committee The City Manager's Office shall designate an Innovation/ Improvement Incentive Program coordinator in addition to a five member review committee made up of three members of the management team, and one standing advisory member from both the City Manager's Office and Finance Department. The review board will review each idea submitted. Application Period Employee suggestions will be accepted by the Innovation/ Improvement Incentive Program coordinator year- round. Submittal and Review Procedure Employee suggestions raust-will be submitted on the IIIP form to their Department Director for si agn ture. Once approved by the Department Director, the form is forwarded to the Innovation/ Improvement Incentive Program coordinator. All ideas will be acknowledged upon receipt. The Innovation/ Improvement Incentive Program Committee will forward a copy of any approved idea to the appropriate department(s) for evaluation. After review by the affected department(s), a written response signed by the department directoro shall be returned to the Innovation/ Improvement Incentive Program Committee with a recommendation. The affected department(s) shall provide a summary of projected cost or operational benefit to the City for suggestions recommended for adoption. The committee will make a determination to adopt, reject or defer the matter for further I 21 -69 real investigation.—The decision of the committee shall be communicated directly to the employee. If the committee adopts the suggestion, a pilot study may be conducted to determine the actual savings /revenue or cost avoidance. Employee Award Eligibility All current City of Newport Beach full time and part time employees, actively in the workplace, are eligible to receive awards with the exception of Department Directors, members of the City Council, members of appointed advisory boards or commissions, and members of the Innovation/ Improvement Incentive Program Committee. Subject Matter Eli ig bility All areas of activity within the City of Newport Beach are eligible for Innovation/ Improvement Incentive Program submission with the following exceptions: A. Personnel grievances B. Matters within the scope of collective bargaining C. Suggestions awarded in the prior three years D. Matters that are a result of assigned or contracted audits, studies, surveys, review, or other research projects E. Enforcement of existing federal, state, or local rules, regulations and laws including printed City policies, rules and procedures F. Recommendations for purchase or replacement of parts from a different source at a lesser price G. Suggestions that would result in increased fees or costs to the City of Newport Beach residents H. Matters which are considered part of the normal job duties of the employee 2 21 -70 1 , Time Period Eligibility Any employee who submits a suggestion retains the right to any award during the period of time that the suggestion is being evaluated, plus an additional twelve months from the date of notification that the idea was rejected or deferred for further investigation. Criteria for Judging Suggestions Suggestions that result in one of the following outcomes will have the greatest likelihood of adoption: A. Measurable Cost Savings B. Improved Customer Service C. Increased Efficiency D. Improved Work Environment E. Improved Safety and Health F. Increased Employee Morale Awards If a suggestion is adopted, the amount of the award will depend on whether the idea is one which results in tangible or intangible savings as determined by the committee. Suggestions involving working eerdi4ie4;senvironment, employee morale, customer service or safety may fall in the intangible category. Tangible Suggestion Awards are given for implemented suggestions for which monetary savings can be precisely determined. Cost avoidance awards are given for suggestions that are implemented that reduce time required for an existing process or avoid future cost increases without reducing current level of service. The amount of these awards is 1 % of savings or avoided costs capped at $1,000,09. Intangible Suggestion Awards are given for suggestions implemented which improve customer service, working eend}tionsenvironment, result in a change in procedures, 3 21 -71 IBS revision of forms, or improvement in employee morale, health or safety. The minimum award for recognition of these suggestions isshould have a minimum value of $50-25 with a maximum not to exceed $500. Group Suggestion Awards for a suggestion presented by a group of employees shall be determined on the same basis as if the suggestion had been submitted by one employee. The amount of the award shall be equally divided among those employees submitting the suggestion. Special Awards The City Manager, upon recommendation of the Innovation/ Improvement Incentive Program Committee, may determine a special award for a submitted suggestion. Special awards will be considered only for unusual suggestions that result in superior savings, and /or innovative safety or customer service improvements. Decision of the City Shall Be Final The decision by the Innovation/ Improvement Incentive Program Committee, the City Manager or the City Council regarding any action governed by this policy shall be at the sole discretion of such decision making authority and shall be final and binding. Nothing contained in this policy shall be deemed to create any contract or other legally binding obligation upon the City to adopt any suggestion submitted. Submittal of a suggestion shall constitute a waiver of all claims against the City with regard to such idea and an agreement by the employee to be bound by the - decision of the City. Adopted - January 24,1994 Amended - March 22,1999 Amended - May 14, 2013 Amended - May 12, 2015 Formerly J -3 0 21 -72 VOICE -MAIL GENERAL POLICY Yljwceelo WE] To establish procedures for City departments and individual employees using electronic voice -mail to answer incoming telephone calls. BACKGROUND As a service organization, the City must be responsive to the needs and requests of its residents and customers. The telephone is often the first, and sometimes the only contact members of the public have with the City. It is important that telephone inquiries be handled promptly and courteously by City staff. However, the City of Newport Beach is striving to increase its effectiveness to accommodate ever - increasing service demands with fewer City employees. Voice -mail and automated te4epl4qn)� applieatiensInteractive Voice Response can increase efficiency and effectiveness by eliminating "telephone tag," busy signals and unanswered lines, and can provide speedier delivery of routine information. Unfortunately, sometimes voice -mail can be impersonal, and at times frustrating for the caller, especially if the system has long complicated messages and unending loops. This policy sets forth the procedures and guidelines to avoid these common voice -mail problems. DEFINITIONS A. Voice -Mail. An electronic system to receive, send, transfer or store telephone calls using individual "mail boxes" for each employee or department. It is the goal of the City to respond to voicemails within 24 hours of the date received. B. Automated Attendant. An automated voice mail application that routes call to personnel within a department or provides scripted information in the absence of a staffed receptionist position. C. Interactive Voice Response (IVR). An integrated computer controlled, unattended voice application capable of providing valuable information based on caller input 24 hours per day, seven days per week. Types of information currently available include checking plan check status, scheduling permit inspections, and paying bills and fees using a credit card. 1 21 -73 m. D. Automated Citizens Information System. An unattended IVR based telephony application designed to provide primarily static information to callers as well as to staff members. Pre - recorded information includes answers to most frequently asked questions (FAQ's) and offers FAX back on demand functionality. GUIDELINES Use of the voice -mail system by City employees shall be governed by the following guidelines: A. Most City department and division general telephone lines should be answered by afeeeptieaist administrative staff during City business hours. Only under unusual circumstances shall these lines be routed through the voice - mail auto attendant application. If the assigned reeeptienist-administrative staff is unavailable at any time during City operating hours, the department shall make an effort to assign a back -up reeeptieBist -to answer incoming calls. In the event that this is not possible, calls may be routed to the voice -mail auto attendant application. The application will route callers to the appropriate person and will further provide an option for the caller to be directed to a live answering person by selecting "0 ". All exceptions to this policy shall be approved by the City Manager or Department Head prior to implementation. Exceptions to this policy are the following: 1. ACIS. The Automated Citizens Information System provides unattended pre- recorded information 24x7 and is updated when necessary by the T_eleco4.a4:Ru ."..gees Information Technology Division and /or the responsible Department or Division. 2. IVR. The Interactive Voice Response system provides unattended access to applications such as plan check and permits status, inspection scheduling, account balances, and facilitates credit card payments for fees and services. B. Calls transferred to or made directly to an employee's direct phone line shall be answered promptly, if at all possible. N 21 -74 m. Employees shall attempt to answer phone calls as they arrive and shall not use voice -mail to screen calls. Employees otherwise engaged in meetings or priority work may use voice -mail to answer calls, with the intent to return the calls as soon as possible. C. City employees shall retrieve voice -mail messages frequently and promptly. Employees shall listen to their voice -mail messages at regular intervals throughout the workday. Remote retrieval when an employee is outside City Hall is also possible and shall be used when out of the office for extended time periods. If an employee is traveling or on leave, he /she shall record a voice -mail message informing the caller when the employee will return to work. D. A caller shall not be transferred to a voice -mail box without his /her specific consent. Reeeptionists Employees answering general City phone lines shall not automatically transfer callers to an individual's voice -mail box without the caller's consent. No individual employee telephone extensions shall automatically be forwarded to an individual's mailbox, except as provided for under Guideline A above. Callers for an unavailable employee shall be asked if they want to leave a message with the person answering the call or if they want to be connected to that employee's voice -mail message box. E. All callers transferred to City voice -mail shall have the option of transferring to a live operator at any time during the voice -mail message. All voice -mail messages should end with the following option: "If you need to speak to someone immediately, please press V." IMPLEMENTATION AND OPERATION Overall control and administration of the system is the responsibility of the Teleeenmntwdeatiens Information Technology Division of the ^ a, finis, -ative c,._.,iees Depar#ment Ci Manager's Office. The T,.lecE)rr, -...~ ea fi ..... Information Technology Division shall assist each department with the design and installation of their individual programs, consistent with the following: 3 21 -75 VON A. Each department shall develop implementation plans, including assignment of mailboxes, call routing and sequencing, message scripting and employee training for review and approval by the T,.',.,.,._.._RuPicatiRR_,; Information Technology Division. Plans shall be phased in during a test period of at least one month. B. All messages on any voice -mail device shall be scripted consistent with attached examples. Whenever possible, messages will be recorded by a selected narrator with special voice skills. C. All employees shall receive both initial and on -going training in the use of voice - mail. D. The 'Teleeef"~~ it eagoi-, Information Technology Division shall produce periodic management and usage reports on the use of the system, including a summary of any complaints or problems. E. Additions, deletions and changes to the system must be requested by department directors or their designee and approved by the Information Technology Division. However, individual mailbox messages may be altered in accord with the attached examples. F. The voice -mail system is the property of the City and is to be used only for City business. As such, all voice mail is subject to monitoring and discovery. [Attachment - Examples of Voice Mailbox Greetings] Adopted - April 25,1994 Amended - February 26,1996 Amended - June 9,1997 Amended - April 13, 2004 Amended - September 27, 2011 Amended - May 12, 2015 Formerly M -7 Formerly F -19 Ca 21 -76 RESERVE POLICY PURPOSE F -2 To establish City Council policy for the administration of Reserves defined as fund balances in governmental funds and net working capital in proprietary funds. BACKGROUND Prudent financial management dictates that some portion of the funds available to the City be reserved for future use. As a general budget principle concerning the 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 current year operating revenues 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 specific direction in the annual budget; or by a separate City Council action. Information regarding Annual Budget Adoption and Administration is contained in City Council Policy F -3. GOVERNMENTAL FUNDS AND FUND BALANCE DEFINED Governmental Funds including the General Fund, Special Revenue Funds, Capital Projects Funds, Debt Service Funds and Permanent Funds have a short -term or current flow of financial resources, measurement focus and basis of accounting and therefore, exclude long -term assets and long -term liabilities. The term Fund Balance, used to describe the resources that accumulate in these funds, is the difference between the fund assets and fund liabilities of these funds. Fund Balance is similar to the measure of net working capital that is used in private sector accounting. By definition, both Fund Balance and Net Working Capital exclude long -term assets and long -term liabilities. I[ 1Ci�] y[ 71y111_\[ �7y�LL�y:\ �11�L�wTB ],7;1��cely\�Yr_\w�]:IyI�LL�7 Proprietary Funds including Enterprise Funds and Internal Service Funds have a long- term or economic resources measurement focus and basis of accounting and therefore, include long -term assets and liabilities. This basis of accounting is very similar to that used in private sector. However, instead of Retained Earnings, the term Net Assets is used to describe the difference between fund assets and fund liabilities. Since Net 1 21 -77 F -2 Assets include both long -term assets and liabilities, the most comparable measure of proprietary fund financial resources to governmental Fund Balance is Net Working Capital, which is the difference between current assets and current liabilities. Net Working Capital, like Fund Balance, excludes long -term assets and long -term liabilities. GOVERNMENTAL FUND RESERVES (FUND BALANCE) For Governmental Funds, the Governmental Accounting Standards Board ( "GASB ") Statement No. 54 defines five specific classifications of fund balance. The five classifications are intended to identify whether the specific components of fund balance are available for appropriation and are therefore "Spendable." The classifications also are intended to identify the extent to which fund balance is constrained by special restrictions, if any. Applicable only to governmental funds, the five classifications of fund balance are as follows: CLASSIFICATIONS NATURE OF RESTRICTION Non - spendable Cannot be readily converted to cash Restricted Externally imposed restrictions Committed City Council imposed commitment Assigned City Manager assigned purpose /intent Unassigned Residual balance not otherwise restricted A. Non - spendable fund balance: That portion of fund balance that includes amounts that are either (a) not in a spendable form, or (b) legally or contractually required to be maintained intact. Examples of Non - spendable fund balance include: 1. Reserve for Inventories: The value of inventories purchased by the City but not yet issued to the operating Departments is reflected in this account. 2. Reserve for Long Term Receivables and Advances: 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 for appropriation during the budget year. 3. Reserve for Prepaid Assets: This reserve represents resources that have been paid to another entity in advance of the accounting period in which the resource is deducted from fund balance. A common example is an insurance premium, which is typically payable in advance of the coverage period. 21 -78 F -2 Although prepaid assets have yet to be deducted from fund balance, they are no longer available for appropriation. 4. Reserve for Permanent Endowment - Bay Dred igig: The endowment specifies that the principal amount will not be depleted and represents the asset amounts to be held in the Bay Dredging Fund. 5. Reserve for Permanent Endowment - Ackerman Fund: The endowment specifies that the principal amount will not be depleted and represents the asset amount to be held in the Ackerman Fund. B. Restricted fund balance: The portion of fund balance that reflects constraints placed on the use of resources (other than non - spendable items) that are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments; or (b) imposed by law through constitutional provisions or enabling legislation. Examples of restricted fund balance are: 1. Reserve for Debt Service: Funds are placed in this Reserve at the time debt is issued. The provisions governing the Reserve, if established, are in the Bond Indenture and the Reserve itself is typically controlled by the Trustee. 2. Affordable Housing: A principal provision of the Newport Beach Housing Element requires developers to provide housing units for lower income households, the number of which is to be negotiated for each development project. In lieu of constructing affordable housing, developers have paid into this reserve which is used at the City Council's discretion to provide alternate methods for the delivery of affordable housing for lower income households. 3. Park In Lieu: Per NBMC 19.52 and California Government Code Section 664777 (The 1975 "Quimby Act"), a dedication of land or payment of fees for park or recreational purposes in conjunction with residential development is required. The fees collected can only be used for specific park or recreation purposes as outlined in NBMC 19.52.030 and 19.52.070. 4. 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, ten percent (10 %) of Beacon Bay lease revenue is placed in this Reserve. Funds in the Reserve are restricted for Upper Newport Bay restoration projects. 21 -79 F -2 5. Permanent Endowment for Bay Dredging: The endowment also specifies that the interest earnings on the principal amount can only be used for dredging projects in the Newport Bay. 6. Permanent Endowment for Ackerman Fund: The endowment also specifies that the interest earnings on the principal amount can only be used for scholarships provided by the City and high -tech library equipment. 7. Oceanfront Encroachment 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 The external restriction on this balance is imposed by the Local Coastal Plan (LCP). C. Committed fund balance: That portion of a fund balance that includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action by the government's highest level of decision making authority, and remain binding unless removed in the same manner. The City considers a resolution to constitute a formal action for the purposes of establishing committed fund balance. The action to constrain resources must occur within the fiscal reporting period; however the amount can be determined subsequently. City Council imposed Commitments are as follows: 1. Facilities Financial Planning (FFP) Fund: In conjunction with the City's Facilities Financial Plan, a sinking fund has been established to amortize the cost of critical City facilities such as, but not limited to, the Civic Center, Police Department buildings, Fire Stations, Library Branches and other Facility Improvement Projects. The Facilities Financial Planning Program establishes a level charge to the General Fund that will perpetually replenish the cash flows necessary to finance the construction of critical City facilities. This plan will be updated annually as part of the budget process, or as conditions change. The City shall strive to maintain fund balance in the Facilities Financial Planning Reserve at a level equal to or greater than the maximum annual debt service on existing obligations. 4 21 -80 F -2 The eligible uses of this reserve include the cash funding of public facility improvements or the servicing of related debt. 1. Off Street Parkin ¢: Per NBMC 12.44.025 ° ypvPnup in designated _____ '_ ._,he City Council may direct revenues into the off - street parking facilities fund aside for puruoses of the acquisition, development and improvement of off street parking facilities) and for any expenditures necessary or convenient to accomplish such puruoses. 2. In Lieu Parking: Per NBMC 12.44.125 the City requires commercial businesses to provide adequate off - street parking or 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. These funds can only be used to provide additional parking. 3 �3.Neighborhood Enhancement - A: Funds previously accumulated to Neighborhood Enhancement Area "A" pursuant to a prior version of NBMC 12.44.027 shall continue to be difepts used only—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 NBMC 12.44.02 the Code Spptinn .4...., 4. Neighborhood Enhancement - B: Funds previously accumulated to Neighborhood Enhancement Area "B" pursuant to a prior version of NBMC 12.44.027 shall continue to be ° fl-Lis of revenues from parking meters in the Balboa Peninsula be apportioned to Neighborhood od Enha..,...ment 13 Funds ,....,..«.ulated will only-be-used 2njy for the purpose of enhancing and supplementing services in the Balboa Peninsula. c..eei f:,, details are ,,,main., in the Cede cS Both the nature of the supplemental services and the definition of the area served are set forth in NBMC 12.44.027. b 5.Cable Franchise: Pursuant to the provisions of the Newport Beach Municipal Code, Title 5, Business Licenses & Regulations, Chapter 5.44, in return for the use of the City's streets and public ways for the purpose of installing, Formatted: No undedine Formatted: No underline Fomtatted: No undedine Formatted: Indent: Left: 0.69 ", No bullets or numbering Formatted: Indent: Left: 0.69 ", No bullets or numbering 21 -81 F -2 operating, maintaining, or reconstructing a cable system to provide cable service, fees are collected by the City from cable providers. Those fees are to be used by the City for support of Public, Education, and Government access programming only. 7-.6.Oil and Gas Reserve: The annual $40,000 which is being set aside from the oil and gas field production revenues is to be used to fund abandoned wells and facilities as they go out of service. 8-.7.Capital Reap_propriation: This reserve represents an administrative procedure that recognizes a portion of fund balance is not readily available to fund new endeavors because it has been reappropriated through the budget adoption process or amendment process. D. Assigned fund balance: That portion of a fund balance that includes amounts that are constrained by the City's intent to be used for specific purposes but that are not restricted or committed. This policy hereby delegates the authority to the City Manager or designee to modify or create new assignments of fund balance. Constraints imposed on the use of assigned amounts may be changed by the City Manager or his designee. Appropriations of balances are subject to Council Policy F -3 concerning budget adoption and administration. E. Unassigned fund balance: 1. Contingency Reserve: The Contingency Reserve shall have a target balance of twenty five percent (25 %) of General Fund "Operating Budget" as originally adopted. Operating Budget for this purpose shall include current expenditure appropriations and shall exclude Capital Improvement Projects and Transfers Out. Appropriation and /or access to these funds are generally reserved for emergency or unforeseen situations but may be accessed by Council by simple budget appropriation. Examples may include but are not limited to the following: a. A catastrophic loss of critical infrastructure. b. A State or Federally declared state of emergency. c. Any settlement arising from a claim or judgment. d. Deviation from budgeted revenue projections. 21 -82 F -2 e. Any action by another government that eliminates or shifts revenues from the City. f. Inability of the City to meet its debt service obligations in any given year. g. Other circumstances deemed necessary by City Council to meet the claims and obligations of the City. Should the Contingency Reserve be used, the City Manager shall present a plan to City Council to replenish the reserve within five years. 2. Residual Fund Balance: The residual portion of available fund balance that is not otherwise restricted, committed or assigned and is above and beyond the Contingency Reserve target reserve balance. PROPRIETARY FUND RESERVES (NET WORKING CAPITAL) In the case of Proprietary Funds (Enterprise and Internal Service Funds), Generally Accepted Accounting Principles ( "GAAP") does not permit the reporting of reserves on the face of City financial statements. However, this does not preclude the City from setting policies to accumulate financial resources for prudent financial management of its proprietary fund operations. Since proprietary funds may include both long -term capital assets and long -term liabilities, the most comparable measure of liquid financial resources that is similar to fund balance in proprietary funds is net working capital which is the difference between current assets and current liabilities. For all further references to reserves in Proprietary Funds, Net Working Capital is the intended meaning. A. Water Enterprise Fund 1. Stabilization and Contingency Reserve: This Reserve is used to provide sufficient funds to support seasonal variations in cash flows and in more extreme conditions, to maintain operations for a reasonable period of time so the City may reorganize in an orderly manner or effectuate a rate increase to offset sustained cost increases. 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 fifty percent (50 %) of the annual operating budget. This reserve level is intended to provide a reorganization period of 6 months with zero income or 24 months at a twenty -five percent (25 %) loss rate. The City Council must approve the use of these funds, based on City Manager recommendation. Funds collected in excess 21 -83 F -2 of the Stabilization reserve target would be available to offset future rate adjustments, while extended reserve shortfalls would be recovered from future rate increases. Should catastrophic losses to the infrastructure system occur, the Stabilization and Contingency Reserve may be called upon to avoid disruption to water distribution. 2. Infrastructure Replacement Funding Policy: This funding policy is intended to be a temporary repository for cash flows associated with the funding of infrastructure replacement projects provided by the Water Master Plan. The contribution rate is intended to level - amortize the cost of infrastructure replacement projects over a long period. The annual funding rate of the Water Master Plan is targeted at an amount that, when combined with prior or future year contributions, is sufficient to provide for the eventual replacement of assets as scheduled in the plan. This contribution policy is based on the funding requirements of the most current Water Master Plan. There are no minimum or maximum balances contemplated by this funding policy. However, the contributions level should be reviewed periodically or as major updates to the Water Master Plan occur. Annual funding is contingent on many factors and may ultimately involve a combined strategy of cash funding and debt issuance with the intent to normalize the burden on Water customer rates. B. Wastewater Enterprise Fund 1. Stabilization and Contingency Reserve: This Reserve is used to provide sufficient funds to support seasonal variations in cash flows and in more extreme conditions, to maintain operations for a reasonable period of time so the City may reorganize in an orderly manner or effectuate a rate increase to offset sustained cost increases. 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 fifty percent (50 %) of the annual operating budget. This reserve level is intended to provide a reorganization period of 6 months with zero income or 24 months at a twenty -five percent (25 %) loss rate. The City Council must approve use of these funds, based on City Manager recommendation. Funds collected in excess of the Stabilization reserve target would be available to offset future rate adjustments, while extended reserve shortfalls would be recovered from future rate increases. Should catastrophic losses to the infrastructure system occur, the Stabilization and Contingency Reserve may be called upon to avoid disruption to wastewater service. ME: ' F -2 2. Infrastructure Replacement Funding Policy: This funding policy is intended to be a temporary repository for cash flows associated with the funding of infrastructure replacement projects provided by the Wastewater Master Plan. The contribution rate is intended to level - amortize the cost of infrastructure replacement projects over a long period of time. The annual funding rate of the Wastewater Master Plan is targeted at an amount that, when combined with prior or future year contributions, is sufficient to provide for the eventual replacement of assets as scheduled in the plan. This contribution policy should be updated periodically based on the most current Wastewater Master Plan. There are no minimum or maximum balances contemplated by this funding policy. However, the contributions level should be reviewed periodically or as major updates to the Wastewater Master Plan occur. Annual funding is contingent on many factors and may ultimately involve a combined strategy of cash funding and debt issuance with the intent to normalize the burden on Wastewater customer rates. C. Internal Service Funds Background. Internal Service Funds are used to centrally manage and account for specific program activity in a centralized cost center. Their revenue generally comes from internal charges to departmental operating budgets rather than difeet aggfegfiatiensexternal revenue sources. They have several functions. - -They work well in normalizing departmental budgeting for programs that have life - cycles greater than one year, thereby facilitating level budgeting for expenditures that will, by their nature, be erratic from year to year. This also facilitates easier identification of long term trends. - -They act as a strategic savings plan for long -term assets and liabilities. - -From an analytical standpoint, they enable appropriate distribution of city -wide costs to individual departments, thereby more readily establishing true costs of various operations. Since departmental charges to the internal service fund duplicate the ultimate expenditure from the internal service fund, they are eliminated when consolidating entity -wide totals. The measurement criteria, cash flow patterns, funding horizon and acceptable funding levels are unique to each program being funded. Policy regarding target 9 21 -85 F -2 balance and /or contribution policy, gain/ loss amortization assumption, source data, and governance for each of the City's Internal Service Funds is set forth as follows: 1. For all hiternal Service Funds: The Finance Director may transfer part or all of any unencumbered fund balance between the Internal Service Funds provided that the withdrawal of funds from the transferred fund would not cause insufficient reserve levels or insufficient resources to carry out its intended purpose. This action is appropriate when the decline in cash balance in any fund is precipitated by an off -trend non - recurring event. The Finance Director will make such recommendations as part of the annual budget adoption or through separate Council action. 2. Equipment Maintenance Fund and Equi Replacement Fund: The Equipment Maintenance and Replacement Funds receive operating money from the Departments to provide equipment maintenance and to fund the regular replacement of major pieces of equipment (mostly vehicles) at their economic obsolescence. a. Equipment Maintenance Fund: The Equipment Maintenance Fund acts solely as a cost allocation center (vs. a pre - funding center) and is funded on a pay - as- you -go basis by departmental maintenance charges by vehicle type and usage requirement. Because of this limited function, the target year -end balance is zero. Contribution rates (departmental charges) are set to include the direct costs associated with maintaining the City vehicle fleet, including fleet maintenance employee salary and benefits, operating expenses and maintenance related capital outlay. Administrative overhead and maintenance facility improvements and replacement costs are to be provided outside of this cost unit. Governance is achieved through annual management adjustment of contribution rates on the basis of maintenance cost by vehicle and distribution of costs based on fleet use by department. b. Equipment Replacement Fund: Operating Departments are charged annual amounts sufficient to accumulate funds for the replacement of vehicles, communications equipment, parking equipment and other equipment replacement determined appropriate by the Finance Director. The City Manager recommends annual rate adjustments as part of the budget preparation process. These adjustments are based on pricing, future replacement schedules and other variables. IGI 21 -86 F -2 The age and needs of the equipment inventory vary from year to year. Therefore the year -end fund balance will fluctuate in direct correlation to accumulated depreciation. In general, it will increase in the years preceding the scheduled replacement of relatively large percentage of the equipment, on a dollar value basis. However, rising equipment costs, dissimilar future needs, replacing equipment faster than their expected life or maintaining equipment longer than their expected life all contribute to variation from the projected schedule. Target funding levels shall be determined by the Finance Director after considering the age, expected life and cash flow anticipated by the replacement equipment being funded. If departmental replacement charges for equipment prove to be excessive or insufficient with regard to this target funding level, new rates established during the next budget cycle will be adjusted with a view toward bringing the balance back to the target level over a three -year period. 3. Insurance Reserve Funds: The Insurance Reserve funds account for the activities of general liability and workers' compensation claims. Background. The City employs an actuary to estimate the liabilities associated with the general liability and workers compensation activities. The costs typically associated with these programs include: claims administration, legal defense, insurance premiums, self insured retention and the establishment of appropriate loss reserves including "incurred- but -not reported" (IBNR) claims. In a prescribed measurement methodology, the Actuary estimates the liabilities in conformity with Generally Accepted Accounting Principles (GAAP). The Actuary refers to this measurement level in his report as the "Expected Level." However, because actuarial estimates are subject to significant uncertainties, actuaries typically recommend that a target funding level be set at an amount in excess of expected liability as a margin to cover contingencies. A typical target funding level would be set to obtain a specified confidence level (the percent chance that resources set -aside will be sufficient to cover existing claims). Full funding of the Actuary's "Target Funding Level' establishes a seventy -five percent (75 %) confidence there will be sufficient resources (including projected interest) to pay the full amount of existing claims without future contributions. Funding at the "Expected Level" produces a confidence level of only fifty percent 11 21 -87 F -2 to sixty -five percent (50 % -65 %). Therefore, the target funding of insurance reserves should exceed the "Expected Level" to account for adverse estimate deviation. Policv & Practice The City should target funding of its risk management obligations at not less than the Expected Level, described above; and not more than an amount sufficient to establish a seventy -five percent (75 %) Confidence Level. Actuarial losses should be recovered over a rolling 3 -year basis while actuarial gains should be amortized over a rolling 5 -year basis. As part of the operating budget, each department will be charged a rate equal to its proportionate share of the total "revenue" required to fund the Insurance Reserve Fund at this level. To lessen the impact of short -term annual rate change fluctuation, City management may implement one -time fund transfers (rather than department rate increases) when funding shortfalls appear to be due to unusually sharp and non - recurring factors. Excess reserves in other areas may be transferred to the internal service fund in these instances but such transfers should not exceed the funding necessary to reach a seventy -five (75 %) confidence level interval. 4. Compensated Absences Fund: Background. The primary purpose of flex leave, vacation leave and sick leave is to provide compensated time off as appropriate and approved. However, under certain circumstances, typically at separation from service, some employees have the option of receiving cash -out payments for some accumulated leave balances. The Compensated Absences Fund is utilized primarily as a budget smoothing technique for any such leave bank liquidations. The primary purpose of the Compensated Absences Fund is to maintain a balance sufficient to facilitate this smoothing. Policv and Practice The contribution rate will be set to cover estimated annual cash flows based on a three -year trailing average. The minimum cash reserve should not fall below that three -year average. The maximum cash reserve should not exceed fifty percent (50 %) of the long term 12 M.L. F -2 liability. The target cash reserve shall be the median difference between the minimum and maximum figures. Each department will make contributions to the Compensated Absences Fund through its operating budget as a specified percentage of salary. The Finance Director will review and recommend adjustments to the percentage of salary required during the annual budget development process. This percentage will be set so as to maintain the reserve within the parameters established above. 5. Post Retirement Fundine Policies: a. Pension Fundin¢: (i) California Public Employees Retirement System (CalPERS): The City's principal Defined Benefit Pension program is provided through contract with CaIPERS. The City's contributions to the plan include an actuarially determined employer contribution that fluctuates each year based on an annual actuarial plan valuation. This variable rate employer contribution includes the normal cost of providing the contracted benefits plus or minus an amortization of plan changes and net actuarial gains and losses since the last valuation period. It is the City's policy to make contributions to the plan equaling at least one hundred percent (100 %) of the actuarially required contribution (annual pension cost). Because the City pays the entire actuarially required contribution each year, by definition, its net pension obligation at the end of each year is $0. Any unfunded actuarial liability (UAL) is amortized and paid in accordance with the actuary's funding recommendations. The City will strive to maintain its UAL within a range that is considered acceptable to actuarial standards. The City Council shall consider increasing the annual CalPERS contribution should the UAL status fall below acceptable actuarial standards. (ii) Laborer's International Union of North America (LIUNA): The City provides funds to support a supplemental pension plan for some employee associations through contract with LIUNA. This is funded at a fixed percentage of total compensation on a pay -as- you -go basis. The City is not contractually required to guarantee the level of the ultimate LIUNA benefit to retirees, nor does it do so. Therefore the City's liability for this program is full funded each year. b. Other Post Employment Benefits (OPEB Funding): 13 21 -89 F -2 Background, The City's OPEB funding obligations consists of two retiree medical plans New Plan. Effective January 2006, the City and its employee associations agreed to major changes to the Post Employment Healthcare Plan. New employees and all current employees participate in a program that requires certain defined employee and employer contributions while the employee is in active service. However, once the contributions have been made to the employee's account, the City has transferred a substantial portion of the funding risk to the employee. Old Plan. Eligible employees who retired prior to the "New Plan" and certain active employees were eligible to continue to receive post - retirement medical benefits (a defined benefit plan). The cost was divided among the City, current employees and retirees. In the past, this program was largely funded on a pay -as- you -go basis, so there was a significant unfunded liability. Recognizing this problem, the City began contributing to this obligation in 2001. In 2008, these assets were placed in a pre - funding trust. The City's intention is to amortize the remaining unfunded liability within 20 years. Policv & Practice New Plan. Consistent with agreements between the City and Employee Associations, the new defined contribution plan will be one hundred percent (100 %) funded, on an ongoing basis, as part of the annual budget process. Funds to cover this expenditure will be contained within the salary section of each department's annual operating budget. Old Plan. The City's policy is to pre fund the explicit (cash subsidy) portion of the Actuarial Accrued Liability (AAL) of the remnants of the old plan over a 20 -year amortization period, or less. This amount will be based on the Annual Required Contribution (ARC) determined by a biennial actuarial review; subject to review and analysis by the City. The City will strive to maintain a funded status that will be within a range that is considered acceptable to actuarial standards. The City Council shall consider increasing the annual OPEB contribution should the funded status fall below acceptable actuarial standards. 14 21 -90 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 - September 15, 2008 Amended - November 12, 2008 Amended - May 24, 2011 Amended - September 27, 2011 Amended - May 14, 2013 Amended - June 10, 2014 Amended - May 12, 2015 F -2 15 21 -91 [Sul AUTHORITY TO CONTRACT FOR SERVICES I. PURPOSE AND LIMITATION The purpose of this policy is to set out the City's policy establishing authority for committing City funds for Service Contracts. This policy applies to all contracts for services, whether entered into through standard or emergency procedures, including but not limited to professional services, audit services, public works project services, public property maintenance and repair services, and maintenance, custodial and repair services for all City facilities. II. GENERAL AUTHORITY TO ENTER INTO CONTRACTS FOR SERVICES Provisions of the Charter govern the methods through which the City may be bound by contracts. Under the Charter, all contracting authority, with the exception of services rendered by a person in the employ of the City at a regular salary, rest with the City Council. The Charter states that the City shall not be bound by any contract or amendment thereto, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council (Charter § 421). The City Attorney shall approve the form of all contracts made by or amendment thereto and all bonds given to the City, endorsing his or her approval thereon in writing (Charter § 602(e)). The City Council may, however, by ordinance or resolution authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. III. DELEGATION OF AUTHORITY TO ENTER INTO AND AMEND CONTRACTS The City Council hereby delegates its authority to contract for services to the City Manager and through him or her to Department Directors, and to the City Attorney as set out below. All formalities required under the provisions of the Charter shall be applied to these contracts. As such, the City Attorney shall review, approve and sign all such contract documents prior to contract award and execution and the City Clerk shall sign all such contracts attesting to their being entered into by the City. Additionally, the City Manager shall adopt and enforce administrative procedures that assure all contracts are: (1) entered into at a reasonable, fair and competitive price to the City; (2) all necessary formalities are followed and the requirements of federal, state, and local laws, including Council policies, are met; (3) best accounting practices are followed; and (4) the contracting process of the City is open and transparent, and provides accountability. 1 21 -92 F -14 A. Authority to Enter Contracts The authority to enter into original contracts is delegated as set out below. 1. The City Manages The City Manager is authorized to award and sign contracts for services without prior Council approval in an amount not in excess of $120,000 provided that the services and funds were approved by the City Council as part of the annual Department budget or are available in an applicant deposit account. This authority shall not be delegated below the Assistant City Manager level. 2. Department Directors. Department Directors are authorized to award and sign contracts for services without prior City Manager or Council approval in an amount not in excess of $75,000 provided that the services and funds were approved by the City Council as part of the annual Department budget or are available in an applicant deposit account. This authority may not be delegated below the Department Director level. 3. City Attorney. The City Attorney is authorized to award and sign contracts for all services for outside counsel and experts related directly to and necessary for prosecution and defense of pending litigation as defined in the Brown Act, and for services for outside counsel and experts necessary to address other pending or potential legal claims or legal issues so long as funds for outside counsel, experts and related legal services were approved by the City Council as part of the approved annual budget. The City Attorney shall keep Council informed regarding any such expense that exceeds $120,000 on not less than a quarterly basis and shall seek budget updates, if needed, within a timely fashion. B. Authority to Amend Contracts If circumstances arise that were are not reasonably foreseeable by the parties at the time of contracting which make extra work necessary for the proper completion of the service originally contracted for, a contract amendment and corresponding increase in total contract amount may be necessary. Under those circumstances, the City Manager and Department Directors are authorized to amend a contract as set out below. For purposes of this policy, "total contract amount" shall be defined as the total consideration paid over the term of the agreement, including any previous amendments to the contract. "Original contract amount" shall be defined as either the amount of compensation agreed upon when the contract was first entered into or the amount of compensation last approved to by the City Council, whichever is greater. 2 21 -93 1109! 1. City Manager. The City Manager may sign and award a contract amendment on a contract approved by the Council if the total cost of services will not exceed 125% of the original contract amount, or increase the original contract by more than $120,000, whichever amount is lesser. Otherwise the City Manager may sign and award a contract amendment so long as the total contract amount as amended does not exceed $120,000. 2. Department Directors. The Department Director overseeing the contract may sign the contract amendment if that amendment will not cause the total contract amount to exceed $75,000. 3. Amendments in Cases of Possible Work Stoj2page or Undesirable Delay. In certain situations, the City Manager and the Department Director in charge of the contract may determine that an amendment is needed that will cause the total contract amount to exceed the City Manager's amendment signing authority, 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 situations, the City Manager may approve an amendment that increases the total contract amount up to 150% of the original contract. However, the City Manager will notify all City Council Members individually if this situation develops, and if any individual Council Member objects to the increase, a special meeting of the City Council will be called to address the issue. 4. Amendments Necessary to Address Emergency Situations In event of emergency work that requires an amendment to an existing contract, the emergency contracting policy outlined below may be followed. IV. TYPES OF SERVICES CONTRACTS AND HOW TO AWARD THEM It is recognized that by their nature, service contracts cannot always be awarded as a result of a competitive bid process. However, competitive proposals should be obtained whenever possible before resorting to negotiated awards. A. Professional Services Consultant Selection Professional consultant services differ from other services in that they are of a professional nature, and due to the ethical codes of some of the professions involved, as well as the nature of the services provided, do not readily fall within the competitive 9 21 -94 1109! bidding process. Professional consultants should be individually selected through a qualifications -based selection process for a specific project or service on the basis of demonstrated competence and qualifications for the types of services to be performed and with the objective of selecting the most qualified consultant at a fair, reasonable and verifiably appropriate cost. The procedures for achieving this goal shall be adopted and applied by the City Manager in the Administrative Procedures Manual. This policy shall include, but not be limited to, services in the following fields: • Engineering (civil, mechanical, electrical, structural, traffic, geotechnical, etc.) • Building plan review and grading plan review and/or inspection services • Architecture • Landscape Architecture • Construction Project Management Firms • Environmental • Planning • Economic Analysis • Property Appraisals • Land Surveying Financial Services • Data Processing Services • Legal Services not otherwise authorized in Section A(3) of this Policy B. General Services Agreements General Services Agreements are not strictly professional in nature, but arise where operations, repair and maintenance services, or other services of a non - professional nature, are provided to the City. Agreements that typically fall into this category are for repair and maintenance of roadways, landscape maintenance, repair and maintenance of City faculties, and other such non - professional services. 2 21 -95 foul The City shall select general services contractors though a request for proposal process that is implemented in order to determine the most qualified proposer and obtain the most competitive price. Both qualifications and pricing shall be considered when awarding such contracts. C. Capital Improvement Program Contracts for public works shall be awarded consistent with the provisions of Charter Section 1110 and Article 15.75 of the Newport Beach Municipal Code as updated and amended from time to time. Under the terms of City Charter Section 1110, contracts for public works that exceed $120,000 in total expenditures must be awarded by the City Council though the conducting of a formal bidding process. At its option, the City Council may direct that such contracts be signed by the Mayor, the City Manager or the Public Works Director. D. Independent Instructional and Recreation Contractors Where contractors are paid for services from fees collected for the services provided, Department Directors are authorized to award and sign contracts with independent contractors for instructional, educational, cultural, or recreational purposes where the fees paid by the City are based upon either a percentage of fees collected by City for a program or on a flat rate basis for tasks performed by the contractor. Contracts with such independent contractors may be up to two (2) years in duration. Should fees paid to any contractor exceed $75,000 during the term of the contract, the Department Director shall provide written notice to the City Manager identifying the program, independent contractor and anticipated total fees to be paid. The City Manager shall give written notice to the City Council should fees paid exceed $120,000. E. On -Call and Emergency Contracts for Services Under limited circumstances the use of formal contracting procedures to procure services is not an effective or an efficient use of City resources. The following contracting procedures are authorized for entering into on -call agreements for services as needed and for procuring services in times of emergency. 1. On -Call Agreements. The City Manager and Department Directors are authorized to enter into on -call agreements for obtaining services on an as needed basis, including, but not limited to, professional services and repair and maintenance services, that are needed from time to time where the size of the job does not warrant the expense of entering into individual agreements for each service. On -call agreements must be within the authority of the 5 21 -96 F -14 individual entering into the agreement on behalf of the City and they cannot extend longer than two (2) years. Funds shall be encumbered on a per project basis as opposed to a contract basis. Selection of consultants and contractors for award of on -call agreements shall be consistent with the award procedures for the type of contract being awarded as set out above. Procedures for entering into on -call agreements shall be prescribed by the City Manager in the Administrative Procedure Manual. 2. Emergency Contracts for Services. If a contract for services is necessary under the provisions of Newport Beach Municipal Code Section 2.20.020, the City Emergency Procedures shall be followed. If a contract for services is entered into in times of urgent necessity under the authority of Newport Beach City Charter Section 1110, and the contract amount exceeds the signing authority of the relevant Department Director or City Manager as authorized in this Policy, then that contract shall be brought to the City Council at its next regularly scheduled meeting for review. Whenever possible, the City shall enter Emergency On -Call Agreements with contractors or consultants who can be relied upon to assist the City in advance of any actual emergency. Emergency On -Call Agreements shall be submitted to Council for approval after being reviewed and approved by the Office of the City Attorney. After the Emergency On -Call Agreement is approved, services provided on an emergency basis under an Emergency On -Call Agreement may be retained by oral commitment of the City Manager (or, in the case of an emergency described by Municipal Code Section 2.20.020, the Director or Assistant Director of Emergency Services), to be memorialized in a Letter Agreement between the parties as soon as possible thereafter. When a written contract has been entered into in order to address an emergency, a copy of the written contract shall be provided to the City Clerk as soon as possible. V. GENERAL PROCEDURES A. Contract Retention The City Clerk shall retain all original executed service contracts in accordance with the City's current adopted Records Retention Schedule. Contracts shall be posted into the City's electronic document data base in order to maintain transparency in contracting. B. Insurance All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City's I. 21 -97 F -14 published Schedule of ins r ticeContract Templates (or as otherwise approved by the City's Risk Manager-.-Management Division). C. Reporting At least once in 2011 and 2012, the City Manager shall report to the Council the summary of all contracts entered into by the City Manager and Department Directors. The summary shall include the vendor, the department responsible that will oversee the contract, the purpose of the contract, and the contract amount. F -14 FUTURE AMENDMENTS TO POLICY Any future changes in the provisions of this Policy shall be made by resolution of the City Council. Adopted - January 24,1994 Amended - April 13, 2004 Amended by Resolution No. 2006 -35 - May 9, 2006 Amended by Resolution No. 2011 -15 - January 25, 2011 Amended - May 12, 2015 7 21 -98 POLICY AND PROCEDURES FOR CITY DISTRIBUTION OF TICKETS OR PASSES BACKGROUND F -27 The Newport Beach City Council, Boards, Commissions and officials are subject to certain laws and regulations pertaining to gifts. The Fair Political Practices Commission ( "FPPC') enforces the provisions of the Political Reform Act contained in Government Code Section 81000 et seq., as well as the regulations contained in Title 2, California Code of Regulations, Sections 18110 et seq. PURPOSE The City strives to provide impartial and high quality services to its residents, businesses and visitors. The receipt by City officials of gifts or other items of value can be perceived as attempts to influence City operations and the City wishes to avoid any appearance of impropriety or favoritism. Additionally, however, City official attendance at public events is necessary to achieve the goals of governance, both to promote the policies of the City and to maintain close contact with the citizens and interest groups within the City. This policy outlines a fair and impartial procedure for the disposition of tickets or passes by the City in furtherance of a governmental purpose. It implements the directives of FPPC regulations and establishes procedures as required by Section 18944.1, for the acceptance and /or distribution of tickets or passes by the City. This policy also ensures that tickets or passes distributed by the City are disclosed upon the required FPPC forms. I. DEFINITIONS A. Unless otherwise provided herein, words and terms used in this Policy shall have the same meaning as that contained in the Political Reform Act of 1974 and the FPPC Regulations, as the same may be from time -to -time amended. B. "Beneficial use for official City business' means a use that will further a legitimate City purpose and assist the City in carrying out its mission, it 21 -99 F -27 programs or goals. Beneficial uses include those governmental purposes set forth in Section II, Policy Pertaining to Tickets and Passes, below. Where not specifically listed, beneficial uses are to be determined on a case -by -case basis. C. "City Manager' means the City Manager or his /her designee. D. "City Official" means any City elected official, appointed official, or person designated in the City's Conflict of Interest Code. E. "Gift" means anything of value, including meals, for which the recipient has not provided equal or greater value in return. A gift includes a rebate or discount in the price of anything unless the rebate or discount is made in the regular course of business to members of the public. A gift does not include de minimis gifts of food or incidental items, such as snacks, pens, etc., so long as the cumulative value of such gift does not exceed $50 in a calendar year from any one source. A gift does not include a ticket or pass subject to Section II, Policy Pertaining to Tickets or Passes, as set forth below. F. "In the course of official City duties" means pursuant to a persons City job responsibilities, or because of a person's City position. G. "Ticket or pass" is defined as the means for admission to a facility, event, show or performance for an entertainment, amusement, recreational or similar purpose, if the ticket or pass is either gratuitously provided to the City by an outside source; purchased by the City; acquired by the City as consideration for use of a City venue; or acquired and distributed by the City in any other manner. U] 21 -100 F -27 II. POLICY PERTAINING TO TICKETS OR PASSES A. Public Purpose. 1. Attendance at functions within the City and functions otherwise relevant to the performance of City business that assist the City in carrying out its mission, programs or goals are reasonably necessary for accomplishing the legitimate purposes of City government. The City actively supports various philanthropic, cultural, civic, and business development organizations and programs within the City and throughout Orange County. City Official attendance at such functions support legitimate public purposes pursued by the City. Therefore, attendance at all such functions are considered to accomplish the public purposes of city governance consistent with state law and specifically with section 18944.1 of Title 2 of the California Code of Regulations. 2. Examples of legitimate public purposes accomplished by the distribution of tickets or passes pursuant to this policy include, but are not limited to, the following: • Promotion of local and regional businesses and economic development within the City, including conventions, conferences and annual meetings • Promotion of City- controlled or sponsored events, activities or programs; • Promotion of community programs and resources available to City residents, including nonprofit organizations and youth programs; • Marketing promotions highlighting the achievements of local residents and businesses; • Promotion of marketing of private facilities available for City resident use, including charitable and nonprofit facilities; • Promotion of public facilities available for City resident use; 9 21 -101 F -27 Promotion of City growth and development, including economic development and job creation opportunities; • Promotion of City landmarks and /or community events; • Promotion of special events in accordance with any City contract; • Exchange programs with foreign officials and dignitaries; • Promotion of City recognition, visibility and /or profile on a local, state, national or worldwide scale; • Promotion of open government by City official appearances, participation and /or availability at business or community events; • Sponsorship agreements involving private events where the City specifically seeks to enhance the City's reputation both locally and regionally by serving as hosts providing the necessary opportunities to meet and greet visitors, dignitaries, and residents; • All written contracts where the City, as a form of consideration, has required that a certain number of tickets or passes be made available for its use • Employment retention programs; • Special outreach or support programs for active military, veterans, teachers, emergency services, medical personnel and other civil service occupations; • Charitable 501(c)(3) fundraisers for the purpose of networking with other community and civic leaders or; and • Any purpose similar to above included in any City contract. 3. If a particular event for which tickets or passes are distributed by the City does not fall under one of the above express categories, it shall be considered to fulfill the public purposes of this policy if it achieves the general policy set out in Section 1. above as determined on a case -by -case basis. 19 21 -102 F -27 B. Distribution of Tickets or Passes by the City. 1. Where a ticket or pass is received by the City from an outside source for distribution to City Officials, the distribution of the ticket or pass shall be made consistent with this policy. 2. Tickets or passes shall be distributed under this policy at the sole discretion of the City pursuant to this policy. Tickets or passes may not under any circumstances be earmarked for distribution by any outside source. 3. A ticket or pass may only be distributed by the City under this policy if it serves a public purpose as defined above. If the ticket or pass does not serve a public purpose it shall be returned to its source or shall be given to a non - profit organization that is active within the City. The City Manager shall make the necessary determinations under this policy. 4. The City shall use the following procedure for distributing tickets or passes consistent with this policy: a. Once received, the tickets or passes shall be offered to the Mayor and Members of the City Council for a brief window of opportunity as determined in relation to the timing of the event. b. After that brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to the relevant board or commission membership that are involved in the program or event being promoted during a second brief window of opportunity. C. Once that second brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to department heads during a third brief window of opportunity. 9 21 -103 F -27 d. Once that third brief window of opportunity has lapsed, any remaining tickets or passes shall be offered to all city employees on a first -come first -serve basis. e. Any tickets or passes that remain shall be returned to the source of the tickets or passes or distributed to a 501(c)(3) non - profit, charitable organization that does business within the City. C. Responsibilities of City Manager and City Clerk. 1. The City Manager shall manage the receipt, distribution and accounting for all tickets or passes subject to this Policy. 2. Upon distribution of a ticket or pass pursuant to this Policy, the City Manager shall either complete FPPC Form 802, Tickets Provided by Agency Report, or provide sufficient information to the City Clerk so that the Clerk may complete the form. 3. No later than thirty (30) calendar days from the distribution of the ticket or pass or approval of this policy, which -ever date last occurs, the City Clerk, shall post the FPPC Form 802 on the City website. 4. The City Clerk shall maintain a completed Form 802 for not less than four (4) years, or other period as specified in any applicable FPPC Regulation. 5. The City Clerk shall cause this Policy to be posted on the City website as soon as reasonably possible after its adoption and shall see to it that the most current version of this Policy is in a prominent fashion on the City website as soon as reasonably possible. V 21 -104 F -27 D. Other Provisions. 1. A City official may return any ticket or pass unused to the City Manager for redistribution pursuant to this Policy. 2. Only a City Council Member and the City Manager may request distribution of a ticket or pass to a particular person and such distribution must accomplish a public purpose set forth in Section II.A. All other recipients shall be determined by the City Manager pursuant to procedures established by this Policy. E. Restrictions. Tickets or passes distributed to a City Official pursuant to this Policy shall not be: 1. Transferred to any other person, except to the City Offie al's spouse except to members of the official's immediate family or no more than one guest solely for their attendance at the event; or 2. Sold or exchanged for any consideration. F. Tickets or Passes Distributed Pursuant to this Policy Not Reportable on FPPC Form 700. If a ticket or pass is distributed pursuant to this Policy, it shall not be considered a gift to the recipient and shall not be reportable as a gift on FPPC Form 700. Adopted - June 23, 2009 Amended - May 12, 2015 h 21 -105 H -3 NEWPORT BEACH SENSITIVE NATURAL /MARINE AREAS It is the policy of the City Council, through cooperative and mutually supportive endeavors of the City of Newport Beach, County of Orange and the State Fish and F,afne- Wildlife Department to preserve and enhance the bassets of sensitive natural and marine areas; to create the best possible marine environments; and to insure their continued existence. In order to accomplish this goal the r, ari;g,.148tP�ca:Rq ara Faduc it4 ~Natural Resources staffdivision shall, when possible, schedule and regulate large group trips Aeactivities in sensitive natural and marine environments. ,,sari., P-eteetie Naral Resources staff assigned to - ,._..itiv. _.,.,.kge ---`-Natural Resource programs afe to educate ande4ereeon the rules and regulations for the purpose of is-conserving these resources for future generations. Adopted - October 26,1976 Reaffirmed - February 9,1981 Amended - January 24,1994 Amended -September 27, 2011 Amended - May 12, 2015 1 21 -106 M T'S NEWPORT BEACH PUBLIC LIBRARY USE POLICY The Newport Beach Public Library, consisting of the interior and exterior premises of the Central Library, Mariners Branch, Balboa Branch, and Corona Del Mar Branch (collectively, "NBPL" or individually, "Library"), is open to all members of the general public without restriction. Customers may remain in the library during posted business hours to use the services and resources provided they , material er faeilifies fey reading, libra-ry with or without advanee wafpAng, when theif behavief disrupts other ettstenpers . A– �P;W follRwing behavior N44 invite a reminder from staf4 that such conduct themselves is ^ibited n a lawful, orderly and considerate manner.t-ke libraFy. Customers who eo e4e— engage in any of the designated "prohibited these activities" listed in this policy will be asked to stop such actions, may be asked to leave the Library and may be subject to a suspension of Library privileges (all access to Library including online services requiring card authentication). leave the � A. Prohibited Activities 1. Smoking in NBPL buildings or within one hundred feet (100') of all entrances;; 2. Sleeping; 3. Occupying furniture in a manner that suggests lounging, as evidenced by lying down on the furniture, or propping feet on chairs, sofas, or tables; 4. Occupying more than one space when other customers need accommodating; ; 5. Eating or drinking food or beverages in areas where eating and drinkin. suc- a maiiner. fl_.,. ,......,.Y.,.,.s ey staff are proh�de i< 6. Entering Library without being clothed, including, but not limited to, shirt and shoes;^,...° r: 7. Wearing cleats, skates, rollerblades or other items that could damage Library propertyj4e facility; 21 -107 lSMA C•= RMrwFlGT4TJ.7SlrJ -� MWrt IFR!7W-Ti_ 8. Using electronic °sable devices or other personal equipment that is disruptive to others including devices (with or without headphonesl--ff des set at a volume that is audible todistur-bs others; .• 9. Interfering with other customers' use of the Library or staff's ability to perform their duties (e.g., making loud noises, blocking pathwaV, etc.);; 10— Soliciting or collecting funds (except for staff's collection of overdue fines, fees, proceeds of book sales, rentals, and library donations); 11— Bringing animals into the Library faeAR -t except service animals ;iwl; as specified anclg—a a�o�; compliance .• 12. Leaving a child unattended (see Children in the Library Policy): 13. Using restrooms for other than intended purposes: =5• 14. Bringing any containers, packages, briefcases, parcels, wheeled backpacks, book carriers or bundles into the library which singly or collectively exceed 24 "x18 "x12 ".U' ;49 "*W All items brought into the Library are subject to inspection; 15. Bringing shopping carts or wheeled conveyances into the Library'"' with the exception of wheelchairs and baby strollers/ carriages used for the actual transport of a person ..t n eedi.ng -2 1130 i.".." 2" (e..Oiidi_ g 1_�d4es); 21 -108 IN 16. Bringing sleeping bags, bed - rolls, or blankets into the Librarying (blankets for small children are acceptable); a++d 17. Parking a bicycles wheeled conveyance, wheeled in any area other than at a designated bicycle rack-raek, 1s The ack of personal hygiene or use of perfume or fragrance producing odors that interfere with other customers' use of library facilities or mils sr- interfere with staff'ssta€gs ability to perform their duties; and 19. 447,e -An ille aI activity; 20. Any threatening or abusive language or gestures directed toward customers or staff; 21. Engaging in or soliciting any sexual act; 22. Damaging, destroying, or theft of Library property; 23. Failure to comply with any warning or request to change or stop conduct in violation of Library Policy; and, 24. Using the NBPL in violation of a suspension assigned under this Policy. B. Enforcement of Prohibited Activities 1. 1st Violation. Staff may address the customer to correct behavior and may instruct the person to leave the Library for the day. 21 -109 2. 2nd Violation. Staff may address the customer to correct behavior and may instruct the person to leave the Library for the day. Staff may advise the customer that continued misconduct may result in suspension of Library privileges for thirty (30) calendar days. A second or subsequent violation need not be the same as prior violation. 3. 3`d Violation. The Library Services Manager or his /her designee (collectively. "Library Services Manager "), may: (i) instruct the customer to leave the Library for the day; and (ii) issue a suspension of Library privileges (at all NBPL locations) for thirty (30) calendar days; (iii) advise the customer that continued misconduct may result in suspension of Library privileges for up to one (1) year. 4. 4th Violation. The Library Services Manager may: (i) instruct the customer to leave the Library for the day; and (ii) issue a suspension of Library privileges (at all NBPL locations) for up to one (1) year. 5. Notwithstanding the progressive penalties in paragraphs B(1) -(4) above, the Library Services Manager may suspend a customer for up to one (1) year based upon the nature and severity any single violation. C. Notice. All suspensions will be accompanied Final Approval by written notice and a copy of this Policy, notifying the customer of his or her specific violations of this Policy and the suspension length. D. Appeal Procedures for Privilege Suspension 1. Filina an Appeal. An appeal may be filed with the Library Director or his /her designee (collectively, "Library Director ") within ten (10) calendar days following the date a suspension was issued. Appeal must include the customer's mailing address or alternative contact information (e.g., E -mail address, etc.). 2. Scheduling Appeal. The Library Director shall schedule a date within ten (10) calendar days, or such other time as is mutually agreeable to the parties to hear the appeal. 3. Notice. The Library Director shall provide written notice to the customer appealing the suspension of the time, place and date of the appeal meeting. 4. Conduct. The appeal meeting will provide the suspended customer an opportunity to speak with the Library Director and provide a written and /or verbal response as to why the suspension should not be enforced. On review, the Library Director may sustain, reverse, or modify the decision of the Library Services Manager. The Library Director shall decide the appeal within ten (10) 0 21 -110 calendar days of the close of the appeal meeting. The Library Director shall provide written notice of his /her decision to the customer. Appeal to #lie -Board of Library Trustees. The customer may appeal the Library Director's decision to the Board of Library Trustees within ten (10) calendar days of the Library Director's decision. The Board of Library Trustees shall consider the appeal at a regular or special meeting. The Library Director shall provide the customer appealing a suspension with written notice of the time, place and date of the scheduled Board of Library Trustees' meeting at least ten (10) calendar days prior to the date of meeting. At the meeting the customer, staff and any other affected party may submit verbal and /or written testimony regarding why the suspension should or should not be enforced. On review, the Board of Library Trustees may sustain, reverse, or modify the decision of the Library Director. The Board of Library Trustees may decide the appeal at the conclusion of the meeting, or may take additional time if necessary. The Library Director shall provide written notice of the Board of Library Trustees' decision to the customer. The decision of the Board of Library Trustees is final. . 5. Effective Date of Privilege Suspension. A suspension of NBPL privileges shall take effect immediately and shall remain in effect unless modified or reversed by the Library Director or the Board of Library Trustees, as applicable. E. Suspension Violations Anv additional violation(s) of this oolicv by a customer currentiv servina a susoension of thirty (30) calendar days or more shall automatically result in an additional one (1) year suspension. ^ a pted - r. ... r y-24,4994 Reassigned April 8, 2003 Amended August -17-, 2004 Nmended May !;� 2005 Amended Augusnom, 2005 • -n-;-eHded 0- dober 14 2005 n..,,.nded _ july 10 2012 Amended - May 12, 2015 21 -111 1 -11 r-nrrn' IONACQUISITION OF ART TOBY THE CITY OF NEWPORT BEACH A. The City of Newport Beach ("City") believes that atpaintings, sculptures, drawings and other art (collectively, "Art") placed on City Property and in t sites or in b4eC buildings increases the aesthetic appeal and beauty of such public s4e rp operty and buildings, and of the City in general. B. All proposals for donate, exhibit, loan, sell or commission Art to the City (collectively, "Convey(s)," "Conveyed," "Conveying" or "Conveyance ") shall be reviewed by the Arts Commission for recommendation to the City Council. C. The responsibility-of-The Arts Commission isshall be responsible to: 1. Confer with persons who have offered to Elea Convey Art to the City, informing them of the Etenatienthis policy, including criteria for artiverlEapprovinq Art and the seer s 4epolicies, criteria and approval process. 2. Advise the City Council of the artistic merit and value of sculpture, Elra iBgg. a4qa ,..heF art Art offered to the City ate. 3. Advise the City Council regarding appropriate ptiblie sitesCity property or City buildings for display of stt Art, in conjunction with the City commission, committee, board and /or department which has responsibility for planning or maintaining the proposed location. D. The Arts Commission shall consider the following criteria in making a recommendation for accepting fan offer to Convey Art to the City: 1. The Art should be an original creation or a limited edition by the original artist, and be of the highest quality and level of artistic excellence. 2. The Art should add signiiieanfly the balanced inventory of the City's collection, representing a variety of style, design and media. 3. The person(s) seeking to Convey Art to the City shall complete all required forms, as Provided by the Library Services Department. 4. The Art should be of satisfactory physical condition, be sufficiently durable as to not be easily damaged or destroyed, should not require restoration or extensive long term conservation, and should be of a physical size and weight that Athe Art can be managed in storage, transport and public display without difficulty. Art requiring restoration may only be considered 21 -112 1 -11 with full disclosure of the restoration costs provided by a licensed art appraiser. 5. The Art should be consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. E. Art may only be recommended by the Arts Commission Pd at to the City Council for acceptance upon the majority vote of the Arts Commission. F. Art accepted into the City collection by the City Council is der accepted with the understanding that the Arts Cei:ni :nis iei City Council reserves the right to place the ivorkArt on public display on either a permanent or temporary basis, and to store the wer4Art when not on display. ^4) rift. will Jae accepted wi##Acceptance of Art by the City Council does not guarantee that the Art will be displayed in perpetuity. The City Council may sell, donate or otherwise remove any Art in the City collection. Any proceeds received by the City from the transfer of Art shall be expended to acquire, restore or display Art. G. Art bein considered for P-FagTaminclusion in the City's collection must conform to fl;e tp- 44e4s R-c floe appre ved-City Council Policy 1 -9 (Art in Public Places - Peke). H. The City does not provide valuations or appraisals of Art being d HiateElgaDyeyed to the City. The value of a=w-&�Art should be presented by the dene+ erson s Conveying Art to the City at the time of d e; Conveyance. It is the responsibility of the donoFperson(s) Convevinq Art to the City to furnish a valuation to the appropriate government tax agency. The person(s) Conveying Art to the City shall aobtain all intellectual and photographic property rights to art aerated to the City the Art and transfer such rights to the City. The City reserves the right to photograph Art for any and all purposes, including, but not limited to, publicity and informational literature. J. Any person(s) that Conveys Art to the City shall represent and warrant in writing that it owns the Art and that the Art shall be Conveyed to the City free and clear of all liens, restrictions, security interests or agreements by which the City would be bound, but subiect to all laws generally applicable to the transfer of title of any work of Art. K. Subject to compliance with California Civil Code Section 987, the City shall assume no liability in the event of loss or damage to any Art accepted into the City's collection. 21 -113 1 -11 Adopted —= February 24, 1986 Reaffirmed -- January 24, 19942994 Amended & Reassigned--April 8, 2003 Amended - February 13, 2014 Amended — May 12, 2015 Formerly F -23 Formerly 1 -13 21 -114 IMPLEMENTATION PROCEDURES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A. Intent. K -3 The intent of this policy statement is to protect the environment of the City of Newport Beach, to comply with the California Environmental Quality Act ( "CEQA "), and to implement the basic principles, objectives, and criteria contained in the Guidelines adopted by the Secretary for Resources pursuant to the provisions of CEQA as amended. These implementation procedures are intended to satisfy the requirements of Section.- 15022 of the CEQA Guidelines, and are designed to be used in conjunction with the CEQA statutes and Guidelines. In the event that any provision of this policy is found to be inconsistent with CEQA, the Guidelines or case law, this policy shall be revised to comply with applicable law. B. Definitions. As used in this policy statement, the following definitions shall apply: 1 California Environmental Quality Act (CEQA) means Public Resources Code, Sections 21000 et seq., as amended. 2 CEQA Guidelines means the "Guidelines for Implementation of the California Environmental Quality Act ", prepared by the Secretary for Resources. 23 Community Development Director means the Community Development Director for the City of Newport Beach or his /her designee. 34 Decision Making -Bodu or Review Authoritu means the officer or bodv that has the authority to review and approve a project or application under Title 20 of the Newport Beach Municipal Code, including, but not limited to, the Community Development Director, Zoning Administrator, Hearing Officer, Planning Commission, or City Council. 45 All definitions contained in CEQA and the Guidelines shall also apply to this policy statement. C. General Policies. The following general policies shall apply: 21 -115 K -3 1. The City, in implementing the requirements of CEQA, shall, wherever possible, integrate these procedures into the existing planning and review procedures of the City. 2. In reviewing and assessing the significance of environmental impacts, the City shall be guided by the adopted General Plan policies and standards. D. Environmental Determinations. 1. Activities Not Subject to CEQA. This policy statement shall apply only to activities that are subject to CEQA. Activities that are not "Projects" as defined in Guidelines Section-. 15378, and activities that are "Ministerial' as defined in Guidelines Section. - 15369 are not subject to CEQA or this policy statement. Examples of City activities that are not normally subject to CEQA include but are not limited to, the following: Business licenses Parking permits Sign permits Demolition permits Grading permits Building permits Final subdivision maps Certificates of use and occupancy Coastal Commission Approvals in Concept Exceptions. There may be instances where unusual circumstances cause one of these activities to be considered a discretionary action subject to CEQA. Examples include, but are not limited to, the following: a. Any building permit or grading permit application or other action which is normally considered ministerial but due to special circumstances is determined to have the potential to cause a significant effect on the environment. Examples may include the following: Work in an area of unusual erosion potential or ground instability Work affecting scenic or sensitive biological resources An activity that may generate substantial public health impacts, such as noise, odors, or toxic materials 21 -116 K -3 b. Any building or grading permit in a sensitive area for which no prior CEQA review has occurred and no discretionary permit (e.g., use permit, site plan review) is required. Determination. The Review Authority charged with reviewing a project or a]2p1ication under Title 20 of the Newport Beach Municipal Code shall have the authority to determine whether an activity is subject to CEQA. Action by the Decision - Making Body. No findings or discussion of CEQA compliance shall be required for activities that the Review Authori has determined not to be subject to CEQA. 2. Projects that are Exempt from CEQA. CEQA and the Guidelines provide that the following types of projects are exempt from the requirement to prepare an Initial Study unless there are special circumstances that could result in significant environmental effects. a. Statutory Exemptions. Activities that qualify for a statutory exemption as provided under Sections.- 15260 et seq. of the Guidelines do not require further environmental review. b. Categorical Exemptions. The various classes of categorical exemptions are contained in Sections 15300 et seq. of the Guidelines. The discussion of exceptions contained in Section 15300.2 shall apply particularly to projects and activities that would affect the shoreline, bluffs, wetlands, public views and other sensitive environmental resources. The Review AuthorityC Development n;..,,, tRr shall have the authority to interpret the applicability of Categorical Exemptions to particular projects, including City- sponsored activities (e.g., Zoning Code amendments, assessment districts, construction and maintenance of utilities) and privately - initiated applications. C. "General Rule" Exemptions. During the preliminary review of an application, each discretionary project that is not covered under a statutory or categorical exemption shall be evaluated to determine whether it qualifies for an exemption under the general rule contained in Section.- 15061(b)(3) of the Guidelines, which states, "Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The Guidelines 21 -117 K -3 further encourage agencies to adopt a list of project types that would qualify for the general rule exemption. Project types which qualify for this exemption include, but are not limited to: i. Minor changes to the Municipal Code which do not authorize physical development. ii. Minor changes to public infrastructure such as installing trees; replacing or upgrading streetlights, traffic signals, etc.; and other public improvements of a minor nature. iii. Administrative City actions such as budget amendments, professional services agreements, etc. which do not involve projects which affect the physical environment. Determination. The Review Authority charged with reviewing a project or application under Title 20 of the Newport Beach Municipal Code shall have the authority to determine the applicability of exemptions for all public and privately initiated projects. Action by the Decision - Making Body. Prior to approval of any project that is exempt from CEQA, such a finding shall be affirmed by the Ddecision- Mmaking Bbody. Notice of Exemption. After approval of a project that was found to be exempt, the Community Development Director may prepare and file a Notice of Exemption as provided under Section 15062 of the Guidelines. 3. Initial Studies. If a project is subject to CEQA and is not exempt under one of the provisions listed under Section D.2, the Review Authority Cewamuf�Ay Development r,a,.,,, tor- shall conduct an Initial Study according to the requirements contained in Section 15063 of the Guidelines. Where it is determined that consultant assistance is required to complete the Initial Study, the procedural requirements contained in Section E shall apply. Applicant's Responsibilities. The applicant shall submit all information determined by the Review Authority to be necessary for the preparation of the Initial Study. In addition, when consultant assistance is required the applicant shall be responsible for all costs as provided under Sections E and F. 21 -118 K -3 Determining Significant Effects. In determining whether -o net a project may have a significant effect the City will generally follow the guidance contained in Section 15064 and Appendix G of the Guidelines. In addition, the following shall be considered in determining whether er —net a project may have a significant impact, in view of the particular character and beauty of Newport Beach: a. A substantial change in the character of an area by a difference in use, size or configuration is created. b. Substantial grading, excavating or other alteration to the natural topography. C. Substantial alteration of the shoreline or waters of the bay or ocean either directly or indirectly. Determination. On the basis of the information and analysis contained in the Initial Study, the Review Authority shall determine whether a Negative Declaration or EIR should be prepared, as provided by Section, 15063(b) of the Guidelines. 4. Negative Declarations. As provided in Section 15070 of the Guidelines, the Review Author i shall prepare a proposed Negative Declaration for a project subject to CEQA when either: a. The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment; or b. The Initial Study identifies potentially significant effects, but: i. Revisions in the project made by or agreed to by the applicant before the proposed Negative Declaration is released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and ii. There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. Notice and Posting of a Proposed Negative Declaration. The Community Development Director shall provide notice of a Negative Declaration as required by Section. -15072 of the Guidelines. 21 -119 K -3 Action by the Decision - Making Body. Prior to approval of any project for which a Negative Declaration was prepared, appropriate findings shall be prepared by the Community Development Director for consideration by the Ddecision- Mmaking Bbody. Notice of Determination. Within 5 working days following approval of a project for which a Negative Declaration was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines. 5. Environmental Impact Reports. If the Initial Study shows that there is substantial evidence that any aspect of the project, either individually or cumulatively, may cause a significant effect on the environment, regardless of whether the overall effect of the project is adverse or beneficial, the Review Authority qty shall either prepare a Draft EIR or use a previously certified EIR which the Review Authority determines would adequately analyze the project. Applicant's Responsibilities. The applicant shall submit all information determined by the Review Authority to be necessary for the preparation of the EIR. In addition, when consultant assistance is required the applicant shall be responsible for all costs as provided under Sections E and F, below. Consultant Assistance. If consultant assistance is required in the preparation of a Draft EIR, the procedures contained in Section E, below, shall be followed. Notice of Preparation. The Community Development Director shall prepare and distribute a Notice of Preparation as provided by Section. 15082 of the Guidelines. If requested by the City Council, Tthe NOP shall be reviewed by the Environmental Quality Affairs Committee, pursuant to City Couneil Resolution No. 9947-. Screencheck Draft EIR. If a consultant is retained to assist the City in preparing a Draft EIR, the Review Authority Conunufdty Development PireetemF may require the consultant to submit one or more screencheck drafts for review prior to finalizing the Draft EIR for publication. Notice of Completion of a Draft EIR. The Community Development Director shall prepare and distribute a Notice of Completion as provided by Section 15085 of the Guidelines. Copies of the NOC- ara Draft r'T° 21 -120 K -3 may also be provideel to the Environmental Quality Affairs Con;mitfpp for- Final EIR. After completion of the Draft EIR public review period the Review Authority shall prepare a Final EIR as provided by Section. 15089 of the Guidelines. Action by the Decision - Making Body. Prior to approval of any project for which an FIR was prepared, the Final FIR shall be certified as provided by Guidelines Section. 15090 and appropriate findings as required by Sections.- 15091, 15092 and 15093 shall be prepared by the Community Development Director for consideration by the Ddecision- M +naking Bbody. Notice of Determination. Within fives working days following approval of a project for which an FIR was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines. E. Consultant Assistance. When the Review Authority determines that consultant assistance is required for the preparation of an Initial Study, Negative Declaration or EIR, the following procedures shall be followed: 1. Consultant List. The Community Development Director shall maintain a list of consultants having a sufficient variety of expertise to assist the Review Authority in the preparation of Initial Studies or EIRs when required. 2. Consultant Selection. When outside assistance is required, a consultant shall be selected by the Community Development Director from the City's consultant list based on the nature of the project and the expertise of the consultant. If it is determined by the Community Development Director or requested by the applicant that proposals should be solicited from more than one consultant, the Community Development Director shall prepare and distribute a Request for Qualifications (RFQ) or Request for Proposals (RFP). Following receipt of proposals or statements of qualifications, the Community Development Director shall evaluate the submittals and select the best - qualified consultant to assist in the preparation of the EIR. The applicant may submit recommendations regarding the selection of a consultant, but the final decision regarding consultant selection shall be made by the Community Development Director. 21 -121 K -3 3. Scope of Work and Budget. After a consultant has been selected a detailed scope of work and budget shall be prepared by the consultant and the Community Development Director. 4. Contract Approval and Administration. The proposed scope of work and budget shall be submitted to the applicant for approval. If the proposal is acceptable, the applicant shall submit a deposit to cover the consultant costs plus reasonable City administrative expenses. The consultant shall not be authorized to commence work until such deposit is received from the applicant. The amount of the deposit will normally be the total project budget; however, for large projects the deposit may be made in two or more payments subject to approval by the Community Development Director. After receipt of the applicant's deposit the Community Development Director shall prepare and execute a contract for consultant services in a form meeting the approval of the City Attorney, and shall administer the contract through project completion. At the conclusion of the project any unused deposit shall be returned to the applicant. F. Fees. The preparation of an Initial Study, Negative Declaration or EIR shall be subject to the following fees: 1. For Initial Studies and Negative Declarations prepared by the Review Authority without consultant assistance, a reasonable fee shall be collected as established by resolution of the City Council as part of the Planning Department Fee Schedule. 2. For Initial Studies and EIRs prepared with consultant assistance, there will be a City fee as required by the municipal code. 3. No future applications shall be accepted from any applicant, and no permits or entitlements shall be approved or issued until all prior indebtedness to the City incurred under this section by such applicants has been paid in full. 4. The amount of the fee shall become an obligation of the applicant to the City whether or not the permit or entitlement is issued, or whether or not the applicant exercises the right to obtain the permit or entitlement. Such fees accrue and become payable when the City gives notice to the applicant of the amount of such fees. This liability shall be enforceable in any court of competent jurisdiction. In the event suit is filed by the City, in addition to the amount of the fee, applicant shall pay the City's reasonable attorney's fees. 21 -122 K -3 G. Authority of the Review Authority The Review Authority Conm: unity Development r,a,.,., k)F shall have authority for the interpretation of CEQA, the Guidelines, and this policy statement as they may affect any particular activity or project, including private development projects and City public works projects. In addition, the Review Authori FCeRHnunity Develepment Dire shall have authority for the following actions: 1. Determining whether activities are subject to CEQA. 2. Making recommendations regarding the applicability of Categorical, Statutory and "General Rule" Exemptions for consideration by the decision - making body. 3. Preparing Initial Studies for projects that are not exempt from CEQA. 7-4. Preparing draft findings, resolutions and mitigation monitoring programs for consideration by decision - making bodies. 9-.5. Reviewing and commenting on Negative Declarations, Notices of Preparation, Draft EIRs, or other environmental documents prepared by other agencies. cri .�esr�r . rzt .. . eeesrrse�eRr�r sre �«s�.�.�r.e H. Authority of the Community Development Director. 1. Preparing and posting proposed Negative Declarations. 21 -123 K -3 2. Preparing and distributing Notices of Preparation and Environmental Impact Reports for City - sponsored projects and projects for which the City has approval authority as Lead Agency_ 3. Preparing responses to comments on Negative Declarations and EIRs. 4. Making recommendations to the Environmental Quality Affairs Committee, the Planning Commission, the City Council, or other City officials regarding the requirements of CEQA or the adequacy of environmental documents. 5. Developing administrative procedures for implementation of CEQA and these policies. 1-.6. Providing NOPs, NOCs and staff assistance as needed to the Environmental Quality Affairs Committee. Adopted - March 26,1973 Amended - July 23,1973 Amended - September 10, 1973 Amended - May 13,1974 Amended - June 10, 1974 Amended - May 27,1975 Amended - May 10, 1976 Amended - May 23,1977 Amended - August 8, 1977 Amended - May 22,1978 Amended - June 25,1979 Amended - June 9,1980 Amended - January 26,1987 Amended - October 26,1987 Amended - January 24,1994 Amended - March 22,1999 Amended - April 13, 2004 Amended - September 27, 2011 Amended - May 12, 2015 21 -124 L -16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY FINDINGS AND PURPOSE Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right of way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or sign could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporary banners and signs is appropriate with the exception of the provisions of this Policy and Chapter 2&6220.42 of the Newport Beach Municipal Code because there are adequate alternative means of communication for those wishing to engage in commercial or non - commercial speech except for temporary real estate signs and non - profit groups organizations conducting community wide events co- sponsored by the City of Newport Beach and open to the general public. Finally, the City Council has determined that the restrictions contained in this policy and the provisions of Title 20 of the Newport Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. GENERAL PROVISIONS Temporary banners and signs shall not be permitted within or over any public street or pedestrian right of way with the exception of temporary real estate signs as specified in Chapter 20.6220.42 of the Newport Beach Municipal Code and banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non - profit corporation or organization, and co- sponsored by the City of Newport Beach. Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Municipal Operations Director. PERMIT PROCESS A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right of way without first obtaining a permit issued by the Public Works Department. 1 21 -125 L -16 B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days of planned installation date. C. The Public Works Director shall determine if the application complies with the standards specified in this policy. D. The Public Works Director shall approve /deny /recommend City Council approval of the application within five (5) working days. If City Council approves the request, subsequent requests for the same event maybe approved by the City Manager, provided that the size, number, location and banner type (language and graphics) are unchanged. E. The Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may impose a refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The Permittee shall agree to indemnify and hold harmless the City of Newport Beach. I. The Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. STANDARDS A. Manner of Installation. 1. Permittee shall install no more than one hundred (100) banners; 2. a) Banners on streetlight poles shall be no more than 2.5 feet wide and 8.0 feet high and approved by the Municipal Operations 2 21 -126 L -16 Department. Wind load calculations, determined by a registered engineer, will be required for banners greater than 20 square feet; b) Banners other than streetlight pole banners shall be no more than 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 4. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 5. All banner brackets on streetlight poles must be mounted at least fourteen (14) feet above the ground surface; 6. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds. Each banner shall have a minimum of two (2) 5 -inch half circle wind slits are required; 7. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre- approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Municipal Operations Department; 8. Banners shall be installed only at locations specified on the permit, 9. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and /or the California Manual on Uniform Traffic Control Devices; and 10. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies. 3 21 -127 L -16 B. Time of Installation. 1. Permittee shall contact the Municipal Operations Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards, or approved locations in roadway medians, in City parks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district. 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24,1994 Amended - February 26,1996 Amended - February 24,1997 Amended - May 8, 2001 Amended - April 8, 2003 Amended - October 10, 2006 Amended - May 14, 2013 Amended - May 12, 2015 Formerly M -4 0 21 -128 L -26 NEIGHBORHOOD TRAFFIC MANAGEMENT POLICY The City has developed Neighborhood Traffic Management Guidelines in an effort to provide residents with traffic concerns access to traffic management measures that can serve to alleviate their concerns. It is the intent of this policy to identify traffic calming measures; establish speed and volume thresholds for the implementation of measures and; define step -by -step procedures to address neighborhood traffic concerns. 3 3WZI"Lr]II The Goals of the Neighborhood Traffic Management Program are: A. Manage the speed of vehicles on residential streets with "demonstrated speeding concerns' (as defined in this Policy) to levels consistent with residential speed limits, or other posted speed limits as determined by the California Vehicle Code or the City of Newport Beach Municipal Code. B. Discourage the use of local residential streets by non -local (cut- through) traffic by making the streets less attractive as commuter routes. C. Develop and emphasize focused neighborhood educational programs that will address residential traffic concerns. This shall be accomplished by the preparation of a traffic calming pamphlet; holding neighborhood meetings; and public hearings before the City Council. D. Implementation of selective police enforcement actions in neighborhoods with traffic related concerns. E. Minimize impacts on emergency vehicle response times, which may potentially be caused by implementation of neighborhood traffic calming measures. F. Limit the potential for shifting traffic from one residential street (or neighborhood) to another when implementing traffic calming measures. G. Respond to complaints in a timely manner. 21 -129 11WT1 TRAFFIC MANAGEMENT TOOL BOX Traffic management measures generally fall into three (3) categories: A. Level 1 Tools are comprised of actions and programs that are primarily educational and enforcement based. These tools include neighborhood meetings, police enforcement, signing, and the use of a speed radar trailer. B. Level 2 Tools include the construction of physical improvements to address documented speed concerns. These tools include road narrowing, chokers, gateways, traffic circles, speed bumps, speed tables, speed cushions and intersection channelization. C. Level 3 Tools include the construction of physical improvements to reduce traffic volumes on a local residential street. These tools include neckdowns, turn restrictions, cul -de -sacs, diagonal diverters, half - closures. The definitions for the different traffic calming tools are included in the Neighborhood Traffic Management Guidelines document. CRITERIA The implementation of Level 2 Tools will be considered for those public streets meeting all of the following criteria: 1. The street should be primarily a local, residential street with a posted (or prima facie) speed limit of 25 mph or 30 mph. 2. The section of road shall have no more than one lane in each direction, and shall be a maximum of 44 feet in width curb -to -curb. The street segment shall also be at least 800 feet in length, and have no intermediate STOP signs. 3. The volume of traffic on the street shall be between 500 and 4000 vehicles per day. 4. A speed survey must demonstrate that the 85 percentile speed is equal to or greater than 32 mph on a posted (or prima facie) 25 mph street, or equal to or greater than 37 mph on a posted 30 mph street. Speeds above these thresholds indicate a "demonstrated speed concern'. 2 21 -130 11Wz1 5. The street must have a sustained longitudinal grade of 6 percent or less. The street must have a horizontal and vertical alignment such that there is adequate sight distance, as determined by the City Traffic Engineer. 6. Level 2 measures will not be installed if, in the opinion of the City Traffic Engineer, they will result in excessive diversion of traffic to parallel local residential streets. 7. Proposed Level 2 measures will be reviewed by the Police and Fire Departments for potential impacts to public safety response times. The implementation of Level 3 Tools will be considered for those public streets meeting criteria 1, 2, 6, and 7 as noted above, and as required by Level 2 Tools. In addition the following criteria must be met: 1. The volume of traffic on the street shall be greater that 4000 vehicles per day. PROCESS The following step -by -step procedures will be used by the City to address neighborhood traffic concerns: A. A resident will inform the City of a potential problem area. Any traffic calming request is required to include a petition signed by at least five (5) residents within the immediate vicinity of the problem area. B. The City will review the roadway conditions and collect the appropriate traffic speed and volume data. If it is determined that an immediate safety issue exists, staff will initiate a project to address the situation. Otherwise, staff will initiate the appropriate Level 1 traffic calming measures. C. The Level 1 measures shall be in place for a minimum of three (3) months. If the Level 1 measures do not address the residents concerns, the City will review the traffic data that has been collected, discuss the issues with the Police and Fire Departments, and determine if the street qualifies for Level 2 or Level 3 measures. The residents will be informed of the results of the traffic analysis. D. If the traffic data indicates that the street(s) may qualify for Level 2 or Level 3 measures, a survey letter will be mailed out to the neighborhood asking residents to identify specific concerns. After responses to the survey letter are received, a 3 21 -131 I1PTI neighborhood meeting will be held. This meeting may be used to develop recommended Level 2 or Level 3 implementation measures. A representative of the Public Works Department and the Police Department will attend the meeting. E. Based upon resident input and staff analysis, a draft improvement plan shall be prepared and submitted to the residents together The City will schp uh- meeting of the 'rare, Affairs Cemnattee. The area residents Nvill be invited t4e meeting to prEwide t4eir input. T-4e Traffic- -Ufairq C-RmfR44-P will recommend approval oF denial of the projeet. if approved, the project Avill be submitted to the _esident,, with an approved petition for signatures. F. A neighborhood representative shall be responsible for circulation of the petition and draft improvement plan. The petition will be prepared by City staff together with the neighborhood rep resentativeres'ts, and shall be approved by the City Traffic Engineer prior to circulation. The City will provide a map of the affected area and /or a listing of all affected r ' °Taddresses to the designated neighborhood representative. —The petition should include only residencets or businesses within the affected area. Person(s) circulating the petition shall attempt to obtain signatures from Mall affected residences or businesses that are either —an owner or tenant and Reside fts mast r., at least 18 years. The petition must include the current address, printed name, and signature for person signing the 12etitionL -ac44 The petition requesting the neighborhood traffic management measures must be supported by seventy (70) percent of the total number of residential units /businesses. In the event that a traffic calming tool may increase traffic noise, A one residentll for each residence immediately adjacent to a proposed location of such a traffic calming tool that may increase t,...cr:e 4;Ri,;p must sign the petition in favor of the draft improvement plan. G. If neighborhood support is demonstrated through the petition process, the project will be forwarded to City Council for approval. All Level 2 or Level 3 measures shall be approved by City Council prior to final design or construction. If the petition process is unsuccessful, City staff will continue undertaking the appropriate Level 1 actions. PRIORITY Requests for the installation of traffic calming measures using City funds shall be prioritized by the City Traffic Engineer considering the following factors: 4 21 -132 lI&zI 1. Date of petition submittal. 2. Volume of traffic using the street. 3. Percentage of traffic exceeding the threshold speed limit. 4. Other factors including, but not limited to, number of houses, presence of parks or schools, street width, and number of residential driveways. The City shall also take into account any letters of interest from the residents (or Homeowners Associations) to provide funding for all or part of the costs of the design and construction of the improvements. Adopted - September 12, 2006 Amended - May 12, 2015 5 21 -133