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Home My WebLink About15 - Council Policy Manual Update 2011a `'EW PoRr CITY OF NEWPORT BE ACH C 00.0.P City Council Staff Report Agenda Item No. 15 September 27, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Shirley Oborny, Executive Assistant to the City Manager APPROVED: '**bl� 0. Y_ TITLE: Council Policy Manual Update for 2011 ABSTRACT: This year, the 29 policies proposed for change and seven deletions are summarized in Attachment A. The proposed changes to existing policies are minor and are NOT summarized in the body of this report. RECOMMENDATION: Approve the following proposed revisions and seven deletions to the Council Policy Manual: Revisions to Policies: A -12, B -2, B -8, F -2, F -3, F-4, F -8, F -11, F -13, F -15, F -17, F -19, F- 25, H -3, 1 -1, 1 -3, 1 -6, K -1, K -2, K -3, K-4, K -5, K -7, K -8, K -9, K -10, K -11, L -18 and L -22. Deletion of Policies: F -6, F -12, F -16, F -18, F -22, F -24, and F -26 FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 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 other government fiscal activities that do not involve any commitment to any specific project that could have an Council Policy Manual Update for 2011 September 27, 2011 Page 2 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). Submitted by: Dave Kiff City Manager Attachments: A. Summary of Proposed Council Policy Changes B. Council Policies — Strikeout and Underline Versions i G� Page 1 Council Policy Manual Changes 2011 AttacnmenrA City of Newport Beach September 27, 2011 ...................................................................................................... ............................... . ;Policy # Name :Adopted Last Amended What it says currently... Proposed Change... Staff or - -...__ ... .. ...................._.._ _._..,_._...._._..._,.----._ .,_._.__...._..__.........W..._ ..............._......_. - ........ C.arraated CITY."COUNCIIr /COMMISSIONSk - -- r" ( .... ... ,.. ... U - - - - - "" .... _. '^ A- 1 '.Election of the Mayor and Mayor pro Tern 1 1 /20/84 , 2/24/97 ...._......:. ....:::................. ..._._..._.._._.........._:.:.. _:_........_:_.....::._, ....... ........... z ................. .... ...................................................................... .................... a........ .................. [............................................ 'Board and and_ Commission_ A. PPoi nt ments ............... d.._ 6/ 28/ 65..............._ 4/ 23/ 02 ............ . 1 ...................................................................... ............................ _......................................................................................................... ........ ...... ......................... 1............................................................... ............................... .. A -?3 _....... :Reserved for Future Use _ ......................................................................................................................................................... ................................................................. ............................... ...�.... ............a ................ _................................................................... A -:4 :Community Services Recognition Awards i 10/28/68: ............................... 3/14/00 ............................... _.................................................................................. ............................... ............................. - 1....... ;.......... [ A -5 g ......................................................................................................................................... 1.............................................;................................................................... :Fundraising /Contracts by City Boards, N/A 2/26/96 ............................... ........................................................ .......................................................... .............................. ;.......;.......... Commissions, -or Committees ........ ..............................1 .......................................................................................................................................................................... _ ................................. .......O.P.en_Meetin9._ Policies ......................................................_ 1. 1/ 1_ 3/ 67..;............_ 3/ 28/ 04............. ................................................. ............................... .............................. i.................................................................................................. 1............................................ i A -;7 :Boards, Commissions and Committees -- ; 1/8/79 2/26/96 ............................... ....... ............................... _ ............................., ..... : Exoress................. Officia l. lfPO .0 ...... ....................i.......... _A _8....... Use_of_City_Statione y ................................ ................................ /22/79..... .........._2(26/ 96............................................................................................................... .... ............................... i.................................................................................... A_9.......City_Council_ Committees .............. ................................. ...._5( 873................._ 5( 26( 98............................................. ............................._. ................................................................. ......... A-: 10 :Procedural Rules for the Conduct of City ; 8/21 /72 8/28/01 ............................................................................ ..............................; 1 1..................,....... :Council Meefin4s ....................................................-........ .... ?........................_[ . .... ........................................................... ............................... .... ........ ..... ............ ............................... A- 11 :Recording City Council Meetings /Study : 11/13/67. 2/27/95 .......... _ .................... ....... _. ; Sessions ...........................................................................................'.. "A 1,2 ........................i...... Financial Supporlddir HumansServices 7/8/85 5/22/01 :The City's budget shall specifically :al _Changes all references -from ; McCraner ;allow the City Council to, at any time : Administrative Services,:fo 'Finance :during the year, direct revenue 'towafds worthy projects 6r.programs :which the Council.deems beneficial ' -:to. Newport Beach is-.quality of life - -_ A- 13 :..::. ......_ ..:........... ..:............................ ......... :Decorum and Order for City Commissions, 5/28/96: N/A - ...:............ eCOmmittees,_.a..nd_ Boards................................................ .......................... ............................ ................. 1......... ................... ................... ................................................... 1............................... ............................... .. .................................................. i A -:14 :Restrictions on Communications Initiated : 1/27/97 : N/A ..............................: by City Officials or City Staff with Civil Sevi .e..8aard..R embers ................................................................ ............................... .......... .. .................... _........................................... ............................... .......................................................................... s_A.. i5 ....jEx._Parfe ..Communication_Pol icy .................................._l.>... 1. 0/ 97.. i................._ IJ/ A..................... ............................... .................... ............................... -:16 ................................................................................................. :Conflict of Interest Procedures : 6/22/98 ; ............................... ........................................ N/A .............................., ..I...................... .... ; A- .....: Aviaiion ...................... i.._2/14/72...i.... ........_7/25/06.... ............. ... ..... .............................:.:. ................. ........................................ ............................... _ ............................ . 1. A -? 18....:Measure ............................................. S Guidelines 3/27/01 [ . ..............N 8/11/09 _A- 19....:Guiddelines_ ..... for. Invocations ..................... ........................[....I. /27/04...,... /A...... ... .......................................................................... ............................... _ .................... . RECREATIONaAVNf )aSEN10RxSERY1CaESfye ,� - f .. .................... . -'°" - _ -� - - - - . B._ ....... :Park Fee Polic 6/ 27 94 .............. Y........................................................................._..........-(.........:..............._/...._/ 8 11 09............ . ................. ............................... ................................................................................................................................................................. ............................... G� Page 1 Council Policy Manual Changes 2011 Attachments City of Newport Beach September 27, 2011 . . . . . . . . . . . . . . . . . . . . . . ........ . ..... ..... .. ........ .............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;Policy # Name . . . . . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 'Adopted Last Amended . . . . . . . . . . . . . . . . ... . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' What it says currently... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. '"d' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Propose Change... Staff or ............................................................................................ Corrected ............_ . B-12 ............................... :Instructional Recreation Activities_ .. 10/1,%63 ... 8/11/09 :Establishes cost recovery policies with l�ai Updafes to-reflect flierchangglfrom Detweiler respect to recreational classes tau g ht, :program based cost recovery to fully :by contract instructors as well as any ;loaded cost recovery per the MGT of ;restricted uses for registration flees America cost allocation study, establishing l :collected from these classes ;reserves for all department faciljty'renfdls :and Senior Fitness Center ;.......,...:.. ... ............................... .:......7/22/91....'............................................. -, .......: /1/0_ . _ ....:.....:........ ... ........ . . .. . . . . .. . . . .. . . . . . . . . . . . . . . . . . . .. . . . .. .. .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . .... .. ... .... _ ......::. ......................,........ ...� . . .............................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................. _ ........................ . B- 4 :............................................................ !Commercial Uses in Public Parks ............................... ................ 's .5/12/75: ......... N/A .......... ........................................................... ............................... . . . . . .......................................................................... ............................... i B - i5 'Vincent Jorgensen Community Room in 10/10/06. N/A ................. Oxg. !..............................................................................................!..........................€.............................................'................................................................... ............................... .............. ....................................................................... ............ ................ ' B-16 .........., 1Communit Theatre Polic ........................... y.................................. Y.............................................,..........................:.................. 7/27/81: 10 10/06 L........................................................................................................................................................................................................................................... ;............................. i B 7 :Special Event Permit Request Processing 1/24/94: 8/11/09 . ....... d..........; B i8 ............................................................................................................... :Bike, Foot Race and Surf Contest Event b.......................... i...............................................................................................................................................;............................................................................-.................................. 2/14/83: 9/13/05 :This policy minimizes the ............................... a) Clarifies contest procedures as it relates Deiweiler ;Policy :inconvenience to City residents and to use of City property and beachfront as eliminates any potential City liability ;well as changes the responsibility for for injuries resulting from the event :assessing level of insurance to City Risk a _ . :Manager ! .................. 8 - €9 ................................................................................ ............................... a Namin of City Parks 9 ................................................................................................. ........................................................................ ' 9/12/88 1 .................... ............................................. 5/13/03 .................................................................................................. .................................................................................................. ..................................,............................................... ............................... _' ............................ i B -:10 'Use, Priorities and fees for Marian Bergeson 6/25/90 ' 9/13/05 ..................... iA. vatic Center 41................................................................... ............................... .......................... i................................... ............ ................... .... .... ..................... ....... ......................................... ....................................................................... .... ...................................... ........................ B -:11 'The City Employees' Memorial at Bob Henry: 11/10/97: N/A .......<........... Park. ...................... ................................. .................. ............................... ------- d......... . .............. .. i. .......... ..... ............ ..._ ........ ..................................................................................................... F ..................... ............ ............. ........................................ ........................... ................ ............ i B- 12 ':Co-Sponsorship of Annual Fireworks Events [ 3/9/98 ' 8/11/09 i................. B -113 ..................._......................................... ........................................................................ ....................................... 'Public Use ofCit Facilities y..................................................................._...................................................................!.................................................................................................._................................................................................................................. .......................... i:............................................ 5/26/98 8 11 09 ..................................................................................................................................................................................... ............................... ............................. ..............................' B -14 :Temporary Signs with Sponsorship 9/14/98 8/11/09 j :................_.............. sReco ninon n! i Parks and Beaches g........................... tY.......................................................................................... i...........................................................................:................................................................... i................................................................................. ............................... ? B-';15 'Parks, Beaches, and Recreation ' 9/13/99 N/A €..................: 'Commission - Decision s ............................ ............................... i._8 -_ 16 ....Maximizin.9_Public_Access. to,_ City_ Parks ............. .s.._2 /26[02...1............_4 / 13/ 04............'............................................................... ............................... ........ ................ ............................... ............................................................ ..a...........................: . B -17 :Parks, Facilities, and Recreation Program 5/9/06 ' N/A I '.Donations .. .. ... ..... CITsY "M9NAGERT _ _. ... ... ....:....._....- ....._......... ... ..._ ... _. _ j ....._... .._.... ._ - _ ... ,. _ _ �.,,_ ice,... — D,1.... Media_ Relations ........................ ............................... a.l.1/23(92.,.........._4/23/02 ,......__................ ._........ ....._.:.. .............. ............................... .......................> _ .. ..... _............._........... . ................. .............._........._:.::.. ............._... _ ................... ........................... .......... i_D- :2......._ Annexation_ Guidelines ....................................................._.._ .... 2/ 27( 67... i............_ 3/. 14/ 00............!............................................................... ............................... ...._......... ................................................................................................. ...................<................................. 'Council Polic Review y........................................................................ ........_�...._/.........1..... 8 30 66 .........._/22/99.............; 3 ................................................................................................................................................................................................................. ............................... ....... 'Employee_SUagestjon- Pro, gram.. IIDEAf ................ .... 1_/ 24/ 94... i............. 3/ 22/ 99............. ............................ ...................................................................... ..s............................ i ... ...................................................................................... . ......... ..............................: S Page 2 Council Policy Manual Changes 2 011 Attachment City of Newport Beach September 27, 2011 CSC Page 3 Council Policy City of Newport Beach September 27, 2011 Manual Changes 2 011 Attachment A Page 4 J Page 5 Council Policy Manual Changes 2011 AttacnmenrA City of Newport Beach September 27, 2011 ................... :. Policy ff! ........ ....................................................................................................... Name ......................................................................... :Adopted: Last Amended ............................................................................ ........................ What it says currently... _ ...................... ............................ ............................................................... Proposed Change... ............................... Staff or C.o (rectod ......................................................................................................................................................................................... ............................... .................... ' F- 21 : Reserved for future use _........................................................................ _......... .......... F; :22 ............................................................................................................... :Employee of the Year . 1/21/94 '- ^,- 411'3%04 - ............................................... .... .................. . .......... .................. . Establishes award criteria and : ................................................................................................................. a) Deletes,,�this policy from the Council ...................' <'.IvlcCraner selection process for the Employee of ..Policies and adds, it to the Administrative :the Year award 'Policies .......... - F 23 ......,... - ....._.. ..._ .......::............... ...............z........_...._. .Reserved for future use - ........ - .. .....;._....................... ...: ......................... .... .. .. ............._ .. ....._........... .................................... ..... . F,124 ...... ...... ........ ........ :Policynfor Collections and Write offs of ............... ... 4/13/04 .................................. N/A _ ............... ........... Establishes specific procedures and 'd), Deletesthis policy from the.COuncil _, MCCranef : ' 'Accounts Receivable ; ;dollar thresholds regarding collections: Policies and adds it to the Administrative :and the write - off.of accounts_ iPolicies :receivable to the City F- 25 ...................................... ........ .... ..:.. Grant A'dministra,tion .......: 9/13/05 . .._....... :., N/A _ ...... ...._ ..: Establishes purpose';and procedures ........................................ ....... aJ - changes all references from McCroner for City departments to follow in the €"'Administrative Services'to "Finance"; bl - i'administration of grants :changesall references -from "Accounting g, :Division" to "Office of Management and :Budget (OMB)" ' .......... F 26 ............. ...............:................ ............................... :Hearing Officers ........ ....... 1 /22/08 . N/A -. States how the Hearing Officers will be a) Deletes this policy from the Council McCraner :used and what qualifications and "Policies and adds it to the Administrative - fexperience they must have :Policies .......;.......... F -:27 .............. .:......... ................................................................................. ..; :Policies and Procedures for City Distribution ... ._...... 6/23/09 ........ ......................................... N/A ................... .............................................. i _ .......................... ............................... .............._ ........... _ .......... _ ................ _ : .......,.........., :of Tickets or Passes ............ . .................. ................................... ................ ............................. s ,.......................... ;............................................. ,............................................................... .................... .......... ..... ' . ..... ....................................................... .......................................... ........... ;............................. ; _28___ Facilities_ Replacement. Program...._..._....._............_._.... N /.A ..__..:.._._.._._8 /11/09._._._? ._.........._.,._..........._..........._._...........__......._ ............ ...... .... ...._ ..................... ._..........................,......_. ............ ....... .... ........ _ ...._.I._...._._...._._.......I :MUNICIP.AL OPER'A'TIONS, __ _ ; _._ ..... _._ ... ::..::_...._, ...........:...... . .::.:... ............ ..:..........._ ............. _ ....................... _ .............. _... ..._ _ _...:.. ::. G -:1 :Retention or Removal of Park and Parkway 5/9/66 i 5110105 :Trees G -:2 .........._............ :Ado t -a -Beach Pro ram P ..................................... g..................:......................................._............................................................ / 3/ 2 : 5/ /0 ............ _ .................................................................. ................................ i .................................... ... ................ .... ....... ............. .................................. ?............................. G -13 .Preservation of Views ........._..........: : 7/22/91 € 3/14/00 : ' a :G -i4 :Median Landscaping Developments on : 12/8/69 € 1/24/94 ................................................................. :Public Cul -de -sacs ........ ........................................................ ........................................................................ .................................................................................................. :............................... .... ......................................................... ...................... :...................... ....... i :G - "15 :Park and Street Improvement Donations : 7/22/92: 6/24/96 :....... i.......... :G-;6 1 .........................::..............................................................................................................:............................................................................................................................................................................................................................................................... :Maintenance and Planting of Parkway i 11/22/82 ` 4124/04 .s............................. ....... .......... Trees .........................................................................................................................................::....................... .................... . ........ .......................................................................................... .................... .............................................................................................. d............................. i :G -7 a :Solid Waste Management and Resource 7/26/82 : 1/24/94 ........ ........... ':folic ............... y.................:.......... ............................... ......,......... a ............................................................... . .................................................................................................. :.............. .................... ............................................................................... ............................ . G -:8 ....... _.......... ........ . .......... :Beach Maintenance folic _ .................................................................... y...........................................,..........................;................................................................................................................ ............................................................................................................... 6/24/96: _ ............................................................ N/A . .......... ............................... . ... .................................................. ............................................. s ................................................................................................................. ..... ............................................................................................................ ......................... ... .............................. J Page 5 Page 6 G� Council Policy Manual Changes 2011 AttacnmenrA City of Newport Beach September 27, 2011 . .... . .. . ........ . . . . . .......................... . ............................ . . . . . ................................................... Policy # Name _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................................ :Adopted ! Last Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . What it says currently... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... ......... . ........... . ... ...... Proposed Change... Staff or ............... ...................................... .........................................................................!. ..... .. ........................._C..(x :H AR.BOR;RESOURCESi _ ____.__ ..__,. _.- _.._._�. cted..................................................... _..�, .........................:..... H 1 'Harbor Permit Policies .......... .......................,..12 1/24/94 4/13/04 ................................................... ............................... ........................................................... ............................... [ H,2......,.Ba....Waier _.........._....... Pollution Control Y ......................................................................................................._......................................................................................................................................................................................................................................................................................... /21 /70.:.............1 /24/94...... _:............................_ H -3 ;Newport Marine Life Refuge 90/26/76: 1/24/94 :Newport Beach, County of Orange a) Semantic changes and new home Detweiler :and the State Fish and Game :change for Marine Protection and Department endeavor to preserve Education :and enhance the marine life refuge .......... H -4 .:.......................... , ....................................................................... �Do Fishermans Fleet 0:................................................................................................._......../....../....................................................._........................................................................................._........................................................................ 11 23 87 9/10/02 ................................................... ....._ .............. ... .. . ... ..... ......_................... ............................... H -5 :Administration of the Robinson - Skinner i 11/12/02 N/A t ........_.........._ Annuit for New ort Ba Dred in ... y..........d g..... g ........................_........................__............................................!.................................................................................................._................................................................ ......... ........Y...................... P............ ............................... ........ ......................... ............i .... . ................................ _.. LIBRARYrSERVICES r ;._. .._ _,.. _ _:_: d_ �_:. i__.. ,...._ _ �:- _ ::_.: ..... I-'! :1 i....... Library Service Policy f 3/27/84 i................................................................................................................. 1/24/94 Talks about the library's mission: a) Minor revisions to wording. : Cowell _..... ..... I -2 ...............................................................................................................'-.......................... :Use of the Newport Beach Public Library 1/24/94 [ 10/10/06 ..............................? ...................................:..................................................:......................... .!............................' ;. .. 1 -:3 ..._ _... ....... .... ............................._. .......:............ :Newport Beach public Library Collection 10/22/90 ... 10/10/06 ... ..................... .......... ....... States the Intent of the Board of _. ...... .. ............................. _ .............. _ ... a) Minor revisions 10 wording. Cowell :Development Policy ;Library Trustees is to provide a variety of print and nonp(nt materials to :meet the informational, educationals - 'and recreafionals needs of the entire _ co mmunity, and the how selections : [ : : 'are made, etc.. ' ....... d..........; I -:4 ......................:...........................................................:........... .................:............. :Libra Gift and Donor Polic ry..................................................... Y.......................................,..........................,................../....../..................................................................................................................._.............................................................................................................. ......................................... . 3/11 /91 10 1006 ........................................................... ............................... ...a:..: .._�.... .......................................................................... ............................... .................... ....::... ............................... -5 :New ort Beach Public Libra Gift Policy P .......................... ............................... Y........................_ Y...............--......................................../............................. 1/24/94: N A ............................... .............................. i................................................................................................................ ............................... 1 -6 :Children in the Library 9/24/94 N/A ;Talks about the library's role in - a), Further clarifies ihelibrary's role and : Cowell € different situations that involve ;responsibilities pertaining to children in the i :children in the library. :library. :....... . .......... i I7 . ....................: ..... .............................:_ ......: :Public Libra Communit Room Use .................. LX............................ y.............................................._..........................,................. ..:..:............. 7/14/80: ................ ...... 10 10 /Ob 1........................._.................................................................................................._.................................................................. ................................ ............................... ........................._............................_............. ..........................._... _ ............................. ............................... ........ ............................... 1 -8 :Newport Beach Public Library Internet Use 2/24/97 10/10/06 .......' ......................_ Po1ic Y................................................... ........................................... .. �...................... .... .. .......................................... ...... ...... ...... .... ..... ...... ............. ..... ............ ............................... ................... ....................... ............................... .......... .................... 1 -9 ....... _ .......... ;Art in Public Places , ...............................................................................................................,............................................./............................... 9/8/86 s 4/8 03 ..............................: Financial Support for. Culture_and_Arf s ................ i.._5/ 1.1 ............... 5/8/01,....,.,..,..,. i ,............ :........ : a i 1-:11 'Donation of Art to City of Newport Beach : 2/24/86 ... 4/8/03 ..... ...... ............. ..................................................................................................... .. .< '' s....... d.......... ! 1-:12 :..................? d .... ............. ...... ..... .... ......... .... .......... ............. ..... .... ..... .... ........ ................. !Sister City Association Polic ...................._ Y.........................................._ Y....... ............................... ............... ........... i............................................. .._ 11 28/88: ......../.........................................../.................._..........................................................................--...................._................................................................................................................ 1/24 94 ..... .... ..... ......... .................. ... ... ............................. ...................... .............. ............. ............................. .................................................. ........ .............. ............... .i............................' Page 6 G� Council Policy Manual Changes 2011 Attachment City of Newport Beach September 27, 2011 CD Page 7 Council Policy City of Newport Beach September 27, 2011 Manual Changes 2011 Attachment A Page 8 Q Page 9 Council Policy Manual Changes 2011 Attachment City of Newport Beach September 27, 2011 . .. . .. . .. . .... . ..... . . ...... . . . . . .......... . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Policy #; Name _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :Adopted; Last Amended . ..................................... . .......................... . ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : What if says currently... Proposed Change ... Staff or a......................... ............................... ;........_ Cagected......... ................ ................ ............................................ ...................... .................................................... ........................... ......................... ......... ............................. [ L -13 :City Landscaping restoration in 4/11/66: 1/24/94 ;Conjunction with Public Works Construction: ! .......... ! P.. roiecls ...........................................................................................!......................................................................._.................................................................. ............................... _.............................................................................. ............................... .................... L - :4 ........:.......... Private Streets .................................................:..................................................................................................................................... : 11 /23/64: 2/24/97 e................................................................................................................................................................................................................... ..............................i ......._ .......... :Street and Sidewalk Im rovements _ .......................................................... p.................................................._........(......./......................................................_..................................................................................................i................................................................................................................. 10 24 66 [ 2/26/96 ..............................i L-: 6 :Private Encroachments in Public Rights -of- 8/25/69: 5/8101 .......? .......... :Wa _.......... y ....................................................................................................!.......................... t............................................_.................................................................................................._................................................................................................................. _.............................' L-: 7 :Encroachments and Bay Access on Buena 3/14/77: 5/8/01 : Vista Blvd./ Edgewater Avenue between 'Bay Avenue and Fernando Street .......; ......... L -i8 .................... ............................................................................................ :Private Encroachments in Public Rights -of- ;.......................... g............................................;..........................................:::............::....................................................................................................................................................... 8/24/81 5/8/01 .;............................. :Way Ending at the Oceanfront or at iN. ewryod. B. av ......................... ..................................................... ........................................................................ .............................. ................................................................ .... i................................................................................................................. .................... L -9 'Conversion of Public Streets to Private i 11/22/82 7/22/96 '.. ' .....,.........., 'Streets ..............................................................................................................._......................................................................._........................:............................................:. : ...... ......._ .... ............................... ...._......._..... ..........................s.... _ L -E10 ................... :Sound Attenuation Walls ......................................................................................................................................................................................................................................................................................................................................................................................................... 2/10/86 2/26/96 . ..............................i € L -ill :Li uidated Dama es Polic q ...................................... 9................... Y........................................._........................................................................ [ 2/23/98: N/A ?.................................................................................................._................................................................................................................ .'............................' : L - :12 . . . . . . . . . . . . . . . . :Oceanfront Encroachment Polic . . . ... . .... . ................... . . . . . . . .. . ....... . .. . ..... . ................... . . . . . 9 Y ......................... 11./26/90......... . ... . . . . . . . . . . . . . . . . . . . . . .. . 10/10/06 . . . . . . . . . . . . . . . . . . . . . . . . . . ........... ......... . .............................. . .......................................................... e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i L -:13 :McFadden Plaza and Pier Use Pal ic Y ...................._............................................................................................................................................ : 10/14/91: 5/26/98 ..............................! .................................................................................. ............................... ................... L - :14 :Cit Entrance and Villa e Si ns y ................. ............................... 9......... g..................... ........................1...... : 10 28 91 : L ........,...................... N A L..................... s..................................................:...............................................................................:.....:....................:...................:. .......................:....... d..............:............; [ L - :15 ............................... ......,P :Encroachments on Public Sidewalks : 1/11/93: 2/26/96 ............................... ............................................................................................................... ..;......................._...; L- : :16 ry g........._ :Tem ora BannersExtendin over the 1/24/94 10/10/06 - f.......!.........._....... iPu lic Ri ht of Wa 4.........._ 9 ...................... y.........................................................................................:................................................................................................................. ..............................! .............................................................................................................. ............................... L-; 17 ....... :Water Service Outside the City ........................................................................... X................................._................................................. 6/27/60 2/26/96 ............. .......... .................................................................................................. i....................................................... ................................... ................... .................... ........ ... . i L - :18 Water Quality Protection— Drainage - ; 4/23/02 N/A '.This policy and L -22 are intended to a) Reflects the latest water quality and _ Bodum :Public Rights of Way :minimize dry- weather runoff and ;Water Quality, Management Plan (WQMP) ` :runoff from small rain events in an ;regulations recently adopted by the € ;effort to improve water quality of :California Regional Water Quality Control ' ;Newport Bay, water quality- limited :Board, Santa Ana Reg_ ion :receiving Waters (like Buck Gully) and .the near -shore ocean environment. ......._ .......... t9.... _ ....................... ........................ ................................................................ Leased_ Str eef._ Lights ............. ................................................ . .......................... a....... �.._ 9/ 1_ l/ 72..............._ ...... ... .... 2/ 26/ 96............'...... _..................... .............................................................................. _ .......................................................................... ............................... _ .................... ............................................................................................ .................................................................................................................. �....................... L-:20 :Water ............................--......................................_............................................/....................,............................................................. 10/26/76 4%8 03 . ..................................... _ ........... . ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............................. ; . . . . . . . . . . . . . . . . ............. ; L - :21 ........ .......... :Sidewalk Cafe Standards and Procedures .................................................................................... ............. . ............. 3/11/96 i........................................................................ 4/23/02 !. ........................................................................... . ............. . ....... _ ............................................... --- ........ ................................................... '............................. Page 9 Q— Page 10 r Council Policy Manuel Changes 2011 AttachmentA City of Newport Beach September 27, 2011 .................,..............................................................................................................._................................................................................... Policy # Name :Adopted Last Amended .............................a, y'...................tI............................................................................................................................................... i Whai if says currently... ,.............................. Proposed Change... Sfolf or .............. .. .................................... ............................... .. ........................ C.arrected ... ....... , ........ L- 22 Mater Protection' – Water Quality 4/23/02: N/A :This palicy and L 18'are intended #o. a) Reflects the latest water quality and Badum . 'Management Plans! s.. ;minimize :.dry-weather runoff : and Water Quality Management Plan (WQMP) :runoff from small rain events in an :regulations recently adopted by the :effort to improve water quality of ;California Regional Water,Quality'Control :Newport Bay, water quality-limited :Board, SantarAna Region, :receiving waters "(Hke Buck Gully) and :the near -shore ocean environment. j ................. L- 23 . i............... ......... ............................. ............ ................................ .............. :The Siting of Wireless Telecommunications ..._ ...................... ;........... i 9/24/02: ............................... ... 10- Oct -06 .................................................................................. ................. ;............................................. .......... ........................................................... 1....................... ..... Equipment on City -Owned Land ........................................................................................................................................................................................................................................................................................................................................................................................................................ L- 24 .................... iFla son Public Bridges ................................................._ .............................._ .... ... b[ 22/ 04....'..... ........._N _ 4 /A.................: ..... _...................... ............................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... i i . . .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........_ L -: 25 Alleys .......................................................................................... ................... ........................................................ y . ..................... ...... ............................................................................. _ ............ .................................................. . . . . . . . . . . . .............................. ............................................. ............ ........................................................ ........ _ ........... ......... L- 26 .......... :Neighborhood Traffic Management Policy . ............................ ...... . ........ . ................ . . . . . . ........... . ...... . . . . . . . . ........ . ... . . . . . ': 9/12/06 i . . ......... 44 . . . . . . . ... . . . . . i . . . . . . . . . N/A . .......... . ......... 4 . . . . . . . . . . . . . . : ................ ................................. . . . .............................. 4 . . . . . . . . . . . . . . . ...... 4... . . . . . . . . . . . . . . . . . . . . . ............. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................. Q— Page 10 r r:Wa DISCRETIONARY GRANTS It shall be the policy of the City Council that the City's budget specifically allow the City Council to, at any time during the year, direct revenue towards worthy projects or programs which the Council deems beneficial to Newport Beach's quality of life. The Council notes that it has at least three 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. Human Services Grants from the General Fund; and C. the "District Discretionary Grant Account" from the General Fund. These funds shall be provided for in the following manner: Community Development Block Grant 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 Social Services 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 Department shall administer these funds after City Council approval of the funds' expenditure. Human Services Grants shall be expended from the General Fund in the amount of $25,000 each fiscal year. The City Manager's Office shall review all requests for Human Services 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 Human Services Grant award proposals to the City Council, the City Manager shall show which entities, if any, have received funds from either the CDBG Social Services Fund or the District Discretionary Grant Account during the same fiscal year. The City Manager shall follow these priorities when recommending Human Services Grants: A. Local groups located within the City and offering programs to City residents; B. Regional groups located in Orange County and offering programs to City residents; and 13 A -12 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. 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 Council member 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 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 Council Member to the AdffdnistfaL4ve SerA ees- Finance Director. Expenditures will be reported to Council ckuri, to n «no .I r r'ouneil r' e�h,.e_ and f }le "- ageitcil�tefftannually. 11 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. Adopted - July 8,1985 Amended - October 28,1991 Amended - January 24,1994 Amended - May 22, 2001 Amended - June 22, 2010 Amended - Jaly g6September 13, 2011 Formerly F -22 H [M INSTnr CT-10- r r n r RECREATION FEES AND RELATED -e r.�� EQUIPMENT REPLACEMENT RESERVES n G The instructional recreational programs for children and adults provided by the Recreation & Senior Services Department will be conducted for a fee to offset associated cost with managing such programs.^^ t'i^ 'jasiss ^{ being at least self suppertir^ Registration fees will be based on an amount sufficient to acquire independent contractors, class materials and the administrative overhead and a facility use fee. Occasionally, it may be necessary to conduct a cr eei c'_ l- °_c °cp -g xg ams in which revenues are not sufficient to be self- supporting as authorized by Chapter 3.36 of the Municipal Code. be at least self i ^-t o_The Recreation & Senior Services Director or designee is authorized to enter into agreements for securing independent contractors for approved instructional recreation activities. Certain fee based activities create additional wear and tear on equipment and facilities. In these cases, it is appropriate to set aside a portion of the annual fees to replace or mitigate the accelerated aging of the equipment or facility being used. FT4te4ollowing representsis a comprehensive list of Reserves serving as repository for these funds and ongoing contribution amounts. ereatien and Sr. Servige activities that by ^....,,: n require that- a�ertien -of their - respective - annual - fees be reserved r'�.�rasig;- puese As the need arises, City Council approval for expenditures of funds from these Reserves, for the purposes intended, will be - requested by the City Manager. Facility Rental Fees Oasis Sr. Ce t^,. Res A sum of money quivalent to 10% of the gross annual revenues derived from park and Oast. Sr. Center facility rental fees shall be set aside annually for equipment replacement and or facility refurbishment. t" t a� a- .e-9a&is—Sr Center- Recreation Classes 15 11-M Surfingbear{1 Reserve: A sum of money equivalent to 10 of the gross annual revenues derived from the instructional classes in surfing shall be set aside and used for the purpose of purchasing new or replacement surfboards or development of aquatic and surf related activities. Tennis Court Reserve: A total of 20% of the registration fees from tennis instructional classes shall be set aside annually for refurbishment or development of courts or development of new recreational programs or facilities. Sailing - Reserve: A total of 20% of the registration fees from the sailing instructional classes and 100% of the proceeds from the agreement for the use of the 29th Street public dock shall be set aside annually for refurbishment and replacement of the recreation sail boat fleet and development of waterfront activities program. Senior Fitness Center Reserve: A sum of money equivalent to 10% of the gross annual revenues derived from fitness center memberships shall be set aside and used for the purpose of purchasing new or replacement fitness equipment. Adopted October 1963 Amended - August 30,1966 Amended November 25,1968 Amended - March 1970 Amended - April 12,1971 Amended - August 9,1971 Amended - February 14,1972 Amended - March 13,1972 Amended - November 11, 1974 Amended - March 24,1975 Formerly I -6 Formerly I -2 Amended - December 8,1975 Amended - November 27,1978 Amended - November 28,1988 Reassigned - January 24,1994 Amended - February 27,1995 Amended - December 14,1998 Amended - May 8, 2001 Amended - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - October 10, 2006 2 V :: BIKE. FOOT RACE AND SURF CONTEST EVENT POLICY The purpose of this policy regarding the use of City streets Public PropertX and beaches for conducting bicycle events raees, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle events races, running events, surf contests or events and similar athletic contests /events shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events, walking events and other athletic contests /events using City streets - public propertshall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year. As stewards of public acess to the coast it is the City's policy to keep the beaches open to the general public and not permit exclusive use or events unless sponsored or organized by the City.. Surf and surf - related contests are the only events permitted using City beaches and shall not be conducted during Memorial Day weekend or summer (June 15 - September 15). No more than eight (8) surf or surf related large and/or commercial events and /or events determined to need a Special Event Permit shall be permitted on or near the beach during any calendar year and events shall be scheduled at least three (3) weeks apart. All Surf competitions, no matter what the size, are required to register with the Recreation & Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location and event dates. Non commercial, low impact surf competitions put on by non-profit groups and /or local schools can apply for event approval by completing a Surf Contest/ Activity Registration Form. There is no fee for registration of a surf competition, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf competition. Only non - profit groups will be considered. Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) large ard/er commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests. D ., IM The person or entity primarily responsible for administering the event must prove their ability to pay for all required City safety and maintenance services prior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall, prior to the event, provide the City with evidence of insurance, with the City named as an additionally insured, with minimum coverage of one (1) million dollars per occurrence unless the Ci Risk Mana eg_r Cot y ^ tten e y aR C;+., ^l^~^^^~ determines that due to the circumstances surrounding the event, more insurance coverage is necessary. No permit shall be issued for any race, running event, surf contest or athletic contest /event which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Nor will any signage promoting alcohol or tobacco company be allowed to be displayed at the contest/ event. Adopted - February 14,1983 Amended - November 14,1983 Amended - September 22,1986 Amended - January 24,1994 Amended - July 25, 2000 Amended & Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Formerly I -21 Formerly I -8 2 19 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. PROPRIETARY FUNDS AND NET WORKING CAPITAL DEFINED 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 Assets include both long -term assets and liabilities, the most comparable measure of 1 Iq F -2 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. Although prepaid assets have yet to be deducted from fund balance, they are no longer available for appropriation. 0 F -2 4. Reserve for Permanent Endowment - Bay Dredging: 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 nonspendable 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. 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 committed to Upper Newport Bay restoration projects. 4. 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. 5. 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. 3 �I F -2 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 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. Contingency Reserve: The Contingency Reserve shall have a target balance of fifteen percent (15 %) 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 reserved for emergency situations only. The parameters by which the Contingency Reserve could be accessed would include the following circumstances: a. A catastrophic loss of critical infrastructure requiring an expenditure of greater than or equal to five percent (5 %) of the General Fund, Operating Budget, as defined above. b. A State or Federally declared state of emergency where the City response or related City loss is greater than or equal to five percent (5 %) of the General Fund, Operating Budget. c. Any settlement arising from a claim or judgment where the loss exceeds the City's insured policy coverage by an amount greater than or equal to five percent (5 %) of the General Fund, Operating Budget. d. Deviation from budgeted revenue projections in the top three General Fund revenue categories, namely, Property Taxes, Sales Taxes and Transient Occupancy Taxes in a cumulative amount greater than or equal to five percent (5 %) of the General Fund, Operating Budget e. Any action by another government eliminating or shifting revenues from the City amounting to greater than or equal to five percent (5 %) of the General Fund, Operating Budget f. Any combination of factors 1) a.- e. amounting to greater than or equal to five percent (5 %) of the General Fund, Operating Budget in any one fiscal year. Use of the Contingency Reserve must be approved by the City Council. Should the Contingency Reserve commitment be used, the City Manager shall present a plan to City Council to replenish the reserve within five years. F1 JI F -2 2. Facilities Replacement Plan Reserve: In conjunction with the City's Facilities Replacement Plan, a sinking fund has been established to amortize the cost of critical City facilities such as, but not limited to, City Hall and Police Department buildings, Fire Stations, Library Branches and other Facility Improvement Projects. The Facilities Replacement Plan 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 eligible uses of this reserve include the cash funding of public facility improvements or the servicing of related debt. 3. 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. 4. Senior Citizen Site: Council Policy B -5, which specified that ten percent (10 %) of revenue collected from rental of facilities at the OASIS Center be set aside for equipment replacement and /or refurbishment at the Center. This policy was replaced by a Cooperative Agreement with the Friends of OASIS on May 10, 2005 (Contract # C- 3772). This agreement constituted a significant change from the formal City Council policy. Although no new funds are being accumulated, these funds can only be spent for equipment replacement and /or refurbishment at the Center. 5. Off Street Parking: Per NBMC 12.44.025 fifty percent (50 %) of parking meter revenue collected in designated areas is set aside for acquisition, development and improvement of off street parking facilities within those areas. 6. Paramedic Program (Hoag): In addition to the debt issuance agreements with Hoag Hospital which required an original deposit, effective July 1, 2000, any excess revenues generated by this program, after accounting for General City Overhead of fifteen percent (15 %), were to be accumulated for future paramedic 5 J ,j F -2 related purposes. Funds accumulated may be used only for paramedic related purpose as directed by the City Council. 7. Recreational Instruction: City Council Policy B -2 requires ten percent (10 %) to twenty percent (20 %) of gross annual revenues derived from specified recreational classes to be set aside for the refurbishment of certain recreational facilities and equipment used in connection with fee -based recreation classes. S. 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. 9. Park In Lieu: Per NBMC 19.52, the City requires dedication of land or payment of fees for park or recreational purposes in conjunction with residential development. The fees collected can only be used for specific park or recreation purposes as outlined in NBMC 19.52.030 and 19.52.070. 10. Neighborhood Enhancement - A: NBMC 12.44.027 directs revenues from parking meters in Zone 9 shall be apportioned to this Neighborhood Enhancement A. Funds accumulated will only be used for the purpose of enhancing and supplementing services to the West Newport area. Both the nature of the supplemental services and the definition of the area served are set forth in the Code Section above. 11. Neighborhood Enhancement - B: NBMC 12.44.027 directs that fifty percent (50 %) of revenues from parking meters in the Balboa Peninsula be apportioned to this Neighborhood Enhancement B. Funds accumulated will only be used for the purpose of enhancing and supplementing services in the Balboa Peninsula. Specific details are contained in the Code Section. 12. 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, 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. 13. START Program: The Fire Department's START Program developed by the Fire Department and Hoag Hospital helps prepare emergency personnel to quickly organize their resources to handle multi - casualty emergencies. A training video ri F -2 and training materials are sold to other agencies. Any excess revenues generated by this program shall only be used for production expenses related to future START training materials and to enhance paramedic, EMT, and MICN pre - hospital education as directed by the City Council. 14. 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. 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. Examples of assigned fund balance may include but are not limited to: 1. Appropriations Reserves. This is a temporary repository for funds not yet fully appropriated in the annual budget. It is normally used during the budget process to set aside funds for known or strongly anticipated expenses that will need to be addressed by budget amendment during the budget year. Sometimes the dollar amount and /or appropriate account breakdown for such expenses cannot be specifically identified at the time the budget is adopted, even though the funds will be needed. In such cases, the funds will normally be budgeted to the Reserve for Appropriations. 2. Change in Fair Market Value of Investments. As dictated by GASB 31, the City is required to record investments at their fair value (market value). This accounting practice is necessary to insure that the City's investment assets are shown at their true value as of the balance sheet. However, in a fluctuating interest rate environment, this practice records market value gains or losses which may never be actually realized. The City Manager may elect to reserve a portion of fund balance associated with an unrealized market value gain. However, it is impractical to assign a portion of fund balance associated with an unrealized market value loss. 3. PERS Rate Reserve. This Reserve may be established for the specific purpose of helping to smooth out the year -to -year fluctuations in PERS rates. When the City Manager or his designee authorizes a change in General Fund, Assigned Fund Balance, City Council shall be notified quarterly. 7 F -2 E. Unassigned fund balance - The residual portion of available fund balance that is not otherwise restricted, committed or assigned. 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 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 funding rate of the Water Master 8 F -2 Plan is targeted at $3.5 million per year (Base Year = Fiscal Year 2009 -10) escalating at 3.5 percent (3.5 %) per year. This contribution policy is based on the funding requirements of the most current Water Master Plan. There are no minimums or maximums 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 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. 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 funding rate of the Wastewater Master Plan is targeted at $500,000 per year (Base Year = Fiscal Year 2011 -12) escalating at 3.5 percent (3.5 %) per year. 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 E d- 1 F -2 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 direct appropriations. 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 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. Equipment Maintenance Fund and Equipment 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 rolling stock) 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 10 F -2 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 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. Because of the limited purpose of this fund, a gain / loss assumption is not needed. Source data is ongoing city fleet inventory and maintenance cost information. 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 rolling stock in accordance with Council Policy F -9, City Vehicle/ Equipment Replacement Guidelines. The City Manager approves annual rate adjustments as part of the budget preparation process. These adjustments are based on pricing, future replacement schedules and other variables. The age and needs of the equipment fleet 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 fleet, on a dollar value basis. However, rising vehicle costs, dissimilar future needs, replacing vehicles faster than their expected life or maintaining vehicles longer than their expected life all contribute to variation from the projected schedule. In light of the above, the target funding level is not established in terms of a flat dollar figure or even a percentage of the overall value of the fleet. It is established at fifty percent (50 %) of the current accumulated depreciation value of the fleet, calculated on a replacement value basis. This will be reconciled annually as part of the year -end close out process by ,ke#+:,ii�Ris tF&tive— Sc:,r�esFinance. If departmental replacement charges for each vehicle prove to be excessive or insufficient with regard to this target funding level, new rates established during the next budget cycle will be 11 F -2 adjusted with a view toward bringing the balance back to the target level over a three -year period. 2. Insurance Reserve Funds. The Insurance Reserve funds account for the activities of general liability and claims workers' compensation. 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 to sixty -five percent (50 % -65 %). Policy & 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 12 2 F -2 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. The City Council will be informed at the first City Council meeting following such transfer action. 3. 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. Policy and Practice. The contribution rate will be set to cover estimated annual cash flows based on a three -year trailing average plus a margin to provide sufficient resources to fund high cash flow years, as further described below. The minimum cash reserve should not fall below that three -year average, plus the maximum annual variance. The maximum cash reserve should not exceed fifty percent (50 %) of the long term 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 tA elrnnisl Sel—Aces 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. In addition, if the cash reserve falls below the target floor, the Adinii*_kati-ve Ber = iees— Finance Director may implement a one -time cash infusion. This action is appropriate when the decline in cash balance is precipitated by an off -trend non - recurring event. If the size of the infusion is greater than $500,000, the City Council will be advised at the first City Council meeting following such action. 191 91 F -2 4. Post Retirement Funding Policies. a. Pension Funding. (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 a fixed employer paid member contribution and 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. (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). 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 10 01 V_ F -2 in active service. However, once the contributions have been made to the employee's account, the City has no further funding obligation to the plan. 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. Policy & 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 annual target reserve balance will be established and maintained through this process. City policy is to not separately fund any actuarially defined liability for "implied subsidy" because the City will not incur an additional cash flow with this premise, outside of active employee salary and benefits. However, the City plans to meet all other contributions connected with this retiree benefit as defined by GASB 45. Costs of administering this program will be contained within the Human Resources Department's annual operating budget. Adopted - January 24,1994 Amended - April 10, 1995 Amended - April 27,1998 Amended - March 14, 2000 15 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 13, 2011 F -2 16 BUDGET ADOPTION AND ADMINISTRATION PURPOSE pal To establish the policy for the preparation, adoption, and administration of the City's Annual Budget. POLICY r. : •• •. The City shall hall prepare and adopt an annual budget by Tune 30, of each ey ar, as required by Section 1104 of the City Charter. The budget shall incorporate a results -based budgeting approach that allows the public and the City Council to prioritize City expenditures strategically aligned with core community values. City Council directs and controls the planned use of reserves through budget appropriation process. Appropriations for operating expenditures shall be balanced in relation to current revenues sources and will not over -rely on one- time revenue sources or reserves. This is not intended to limit the periodic use of financial resources that were accumulated over time for a specific project or purpose. The budget may be developed with one or more contingences plans to protect against volatile or unexpected events. When significant uncertainty exists concerning revenue volatility or threatening/ pending obligations, the City Council and City Manager reserve the right to impose any special fiscal control measures, including a personnel hiring freeze, and other spending controls, whenever circumstances warrant. The City Council may authorize the use of Contingency reserves only during emergency situations as set forth by Council Policy F -3. 35 Ma WININ, 35 F -3 B. Organization and Peveleigment-of Budget. r. The Annual Budget is published in three volumes, the Resource lloc.. P4anPerformance P1an4R -AP4, the Budget Detail and the Capital Improvement Program (CIP). -The R 412 Performance Plan provides an overview of each department's mission,. departmental programs, core functions, — goals, work plan, budget and performance measures. funetions, stafistieal information, and buddget. _It also provides summary information regarding the Capital Improvement Program, as well as summary information for budgeted and historical overall City revenues, expenditures, and fund balances. The Budget Detail provides historical trends of summary level information and contains line by line detail regarding operating expenditures for the prior year, current year and budget year. Operating expenditures are categorized into four classifications within the Operating Budget. These are Salaries and Benefits, Maintenance and Operations, Capital Outlav and Other Financing; Uses The CIP document provides a summary of current and future planned projects, basic descriptions of each project, the funding source and the scope of work to be performed. Expenditures. The City pr-egTams expenditures inte four elassificatiens. These are Salaries and Benefits, Maintenanee and Oper-ations, Other Char-ges, and Capital Capital Expenditur-es are subdivided into Capital Outlay, i4deh is generally used fer- items ef operating equipment or other purehases in e)(Eess of $500, and Capital Prejeets, which generally deal with Public CIPs are eg nerally major facilitv or infrastructure improvement projects manaved by the Public Works Department 2 �0 F -3 • _ ... ��e� :e!f�reeee:*_�stssr� :eer�era�r� ..- - - - - • e - • - ■ During December of each year, the ^ dwdni..,.... &ve c,.~.:,.,.,. Finance Department shall prepare updated revenues estimates and prehmk�fffund balance projections ^s,-for the current year and prepare preliminary revenue est4nateTprojections for the next fiscal year. L -Injanuary of each year, the n.a....iniqt+atiy,, c,._.,:,.,.,. Finance Department shall prepare a budget calendar and issue budget instructions and expendituire Eletail to each department for use in preparation of the next year's City budget. Included in these instructions will be budget guidelines and appropriation lim}ts- targets for each department. These guidelines will be developed by the ^ amknist -ative Ser-viees Finance Director and approved by the City Manager. In ..ccer—dimee - 4th City Geu ea Pokey F 2 (Reserves/ Pesignations of Pand Balanee), the status and possible ehaRges in Reserve Accounts shall be ad4essed as part Of this PrOEess. 3 J7 F -3 After s ssieIR- effurther refinements of - revenue estimates and the completion of Department proposed expenditure appropriation requests_b)," � de en , the Finance Departments will summarize department requests for review by the the n ,a.. k4st -a fi e c,....,iees ,tiro, „ n,,part ffie ,t shall the requests for review by the _City Manager_ and Department Heads. After review b _City Manager has reviewed and amended the aRJ-Department Head requests s, the AdMi,.1 °'-a* vP Se -vice Finance Department shall prepare the City Manager's'& proposed budget for the next fiscal year and shall submit said iW- ff ...,.se budget to the City Council. Thereafter, e City Council shall hold as many budget study sessions as it deems necessary. Council budget dp sII Shall be _eeerdea All proposed Council changes to the City Manager's proposed budget shall be itemized on a budget checklist of revisions. Subs,,,,, epA to r',..,Reil review and prier to its final .,l1eptio th !':a., rR.,..,,," , ,. The City r`,,.,..,.;1 shall held a budget hearing and shalll_ adoptt the proposed budget with any hecklist revisions on or before June 30 as ,,.,:red by the City rh.arterby formal budget resolution. When adopted, the proposed budget along with the finalized checklist, become the final budget. v� F -3 ED. Administration of the Annual Budget. During the budget year, Department Heads and their designated representatives may authorize only those expenditures that are based on appropriations previously approved by City Council action, and only from accounts under their organizational responsibility. in addition-, budget expenditures may opAy be ithe°: °„a in the year appreffiated . Any unexpended appropriations, except valid encumbrances, expire at fiscal year end unless specifically reappropriated by the City Council for expenditure during the new fiscal year. Department Heads are responsible for not authorizing expenditures above budget appropriations in any given expenditure classification within their purview, without additional appropriation or transfer as specified below. Appropriations may transferred, amended or reduced subject to the following limitations: 1. New Appropriations. During the Budget Year, the City Council may appropriate additional funds for special purposes by a City Council Budget Amendment. The City Manager has authority to approve requests for budget increases not to exceed $10,000 in any Budget Activity or Capital Project. (This must be specifically included in each year's Budget Resolution to remain valid.) 2. Grants & Donations. The City Manager may accept grants or donations of up to $30,000 on behalf of the City. However, if a new or additional appropriation is required, the City Manager's authority to create new appropriations is limited to $10,000 as stated above. The City Council will be formally notified of such actions on a quarterly basis by way of the City Manager newsletter to the City Council. (This provision must be specifically included in each year's Budget Resolution to remain valid.) Additionally, grant appropriations approved by City Council may be carried forward to the following fiscal year(s) as long as the grant terms remain valid, the expenditures are consistent with the previous Council authorization, and the funds would otherwise need to be returned to the granting or donor agency. Also, see Council Policy F -25 for specific grant acceptance and administration procedures. Grant mits- agreements and restricted donations in excess of $30,000 must be specifically approved by the City Council. Occasionally, the 5 N F -3 terms and conditions of a grant are approved by City Council in a year prior to when the program activity will take place and therefore, the funds are not appropriated to carry out the grant at that time. In such cases, the City Manager may appropriate the funds when they are received, provided the expenditures clearly meet the amount, terms, nature and intent of the grant or donation previously approved by City Council. 3. Assessment District Appropriation. Assessment district projects are typically funded by property owner contributions and bond financing secured by property assessments. City staff will initially seek appropriation to advance City resources for the assessment engineering and the design work related to a proposed assessment district. Since the City's advance is at risk until a district is formed at a public hearing, the appropriation related to advanced resources shall be subject to the normal budget policies. However, once the district has been formed at a public hearing, the City Council will adopt a "project - length" budget for the district and City staff will be allowed to roll the appropriations forward into future fiscal years without rebudgeting the project through the formal CIP process. When assessment bonds are issued to finance the improvements, the bond issuance costs are estimated at the maximum amount that would be required to complete the improvements because it is not known how many property owners will opt to pay the assessment in full during the cash collection period. Finance staff will also have the authority to reduce Council appropriations (related to bond issuance costs) after bonds are resized and sold. 4. Transfers within Departments. During the fiscal year, actual expenditures may exceed budget appropriations for specific expenditure line items within departmental budgets. If a total departmental budget, within a specific Classification, is not exceeded, the ° dmir:..t..a five °^r-viees Finance Director has the authority to transfer funds within that Classification and Department, to make the most efficient use of funds appropriated by the City Council_ — (Salaries and Benefits, Maintenance and Operations, Capital Outlay Other ' -o^ and Other Financing Uses Capital Expenditures are the City's four Classifications within the operatic budget -.). n. �0 F -3 5. E22 gnmer tsTransfers between Departments. Further, funds may be realigned between one Department Budget Aetivity and another, within the same Classification, with City Manager approval. For example; if a Fire Department function and the employee who accomplishes it are replaced by a slightly different function assigned to the Police Department, the City Manager may authorize the transfer of appropriate funds to support this function. 6. in Transfers between Expenditure Categories. Any reprogramming of funds among the €ear three Classifications (Salaries and Benefits, Maintenance and Operations, r' *' __ Charges, and Capital Expendit -e Outlay and Other Financing Sources) within a given fund requires the City Manager's approval. Any budget revision that changes the total amount budgeted for any fund (other than the minor provisions contained in paragraphs C.1. and C.7.b.) must be approved by the City Council. 7. Transfers between Capital Improvement Prpjects L".- The Pelgartment Head having primary respensibility for- a Capital Project (usiaally the Pireeter) is auther-ized to encumber and approve -Pub-lie 14.7evIcs; subsequent expeaditure of City funds fer Capital Prejeets. However, .... the time of eentraEt award. in addition, any contracts not of format and wer-ding already appreved by the City Attorney require specifiE City Attar-ney review and approval prior to c-entract aw qI - - . ... - qI F -3 meeting of the Gity Couneil will be ealled to address the issue. Budget following parameters a. Excess Project Appropriations or savines may be transferred to a "Project Savings Account," with -in the same fund. Funds may be reappropriated to a new or existing_ project with the approval of City Council. Any appropriation balance remaining in the Project Savings account will lapse at Fiscal Year End. b. Excess Project Appropriations may also be transferred from one CIP project to another, .provided that the projects utilize the same funding source and are for substantially the same project purpose and physical location. Project appropriation transfers of this nature require the approval of the Ci . Manager. Tom^ ,.etal � transferring hinds R-ne PrHeet to anether or 13,y (see G.6), so leng as the new tata4 Elees Fkat exceed 110 pereent of �e�s:�srrsmi!tirse:r.�s:esrs . F -3 PireeterAll proposed budget amendments and transfers will be submitted to the Finance Director for review and processing prior to CiV Manager or Council authorization. All unexpended and unencumbered ^appRiaal prejeasappropriations will be canceled on June 30 of each fiscal year. Incomplete projects may be reappropriated by the City Council during the budget process or by separate Council action. The apprepriatie ..,.....rwe of these eaneel e , cts will be recorded in the Reserve for Capital imprevements or anether apprepriate DE. el• —and Adfrinistrative Se_ ^ Pipa ee Pi eetorManagement Authorization & Responsibilities.. Once the final Budget has been approved by the City Council, specific City Council approval to make expenditures consistent with the Budget will not be required except as provided by other Council Policies and Administrative Procedures. It is the responsibility of the City Manager and management to administer the City's budget within the framework of golicappropriation as approved by the City Council. 1. The ^,a., inisti-atiye SeFv4ee Finance Director is responsible for checking purchase requests against availability of funds and authorization as per the approved Budget. The Gity Manager is responsible for appreving fall within the exeeptions noted in tl:ds peliey statement. it is the responsibility of the City Manager te administer the City's budget withi the fraiRework of pehey and apprepriatien as approved by the City COURE4. 2. Unless otherwise directed, been approved by the City Geuneil, speeifie City Getineil approval to make expendiWres eansistent with the Budget will not be r-equired, v�xit I� F -3 All ether budget .,a.. mist. -a ;e actions _,,elu4i;ng—the goutine filling of vacancies in staff positions authorized within the Budget, will not require further City Council approval. However, new positions; not addressed by the adopted budget, and ether new ndit es do require City Council approval_, and the City Council and City. Manager reserve the ri& to fteeze, and other spending Eentrels, whenever eireumstanees Sinee the annual Budget is appr-oved by formal . Resolution, a request by 32. At fiscal year end, the ^,7,.,inistfatiye Services Finance Director is authorized to realign, r ^-~, and ,eT record accruals and transfers FReney amengbetween funds and accounts within eaeh Fund -in order to close projects -or the books of accounts of the City of Newport Beach in accordance with generally accepted governmental accounting principles as established by the Government Accounting Standards Board, Government Finance Officers Association, and other appropriate accounting or auditing Any net shortage within a Fund will be recorded as a decrease in Fund Balance_ and reported t Eemncil- Any net excess will be recorded as an increase to one or more appropriate Reserve Accounts as recommended by the geizv-iees Finance Director and approved by the City Manager or as is otherwise dictated by Council Reserve Policy (F -2). The net change in fund balances will be reported to City Council through various documents including Quarterly Financial Reports, the Comprehensive Annual Financial Report (CAFR), Budget Documents and other financial presentations. Funds that exceeded appropriations during the year ended the year with a deficit fund balance are reported annually in the CAFR notes to the financial statements. (Information regarding appy-epriatien of Funds -fren; the polic): parameters and administration of C�Reserves nrpounRs is contained in City Council Policy F -2.) Adopted - January 24,1994 Amended - February 27,1995 10 L-14 Corrected - February 26, 1996 Amended - May 13,1996 Amended - May 26,1998 Amended - August 8, 2000 Amended - May 8, 2001 Amended - April 23, 2002 Formerly F -10, F -11, F -12, and F -21 Amended - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - - October 10, 2006 Amended - August 11, 2009 Amended - September 13, 2011 F -3 NEW no Evn A nmcP REVENUE MEASURES PURPOSE IM, In consideration of long -term fiscal sustainability and order that budget relgara ie may ,,ed an an orderly basis with adequate time given to eensideratioa e ..11 matters and in or-der to establish a basis for staff recommendations on revenue matters, the following revenue policies are established. A. Revenue measure changes may be processed at any time during the entire fiscal year. A-.B. Special services, which can be identified with the recipients, will be self - supported from service fees to the maximum extent possible. Service fees shall be established in the Master Fee Schedule in compliance with applicable State law, and shall be periodically reviewed for compliance with applicable State law. E- C_Every reasonable effort will be made to establish revenue measures which will cause the transients and recreation visitors to Newport Beach to carry a fair portion of the expenses incurred by the City as a result of their use of public facilities. C-0. At the eutset of the budget EyEle and whe The City will establish appropriate cost - recovery targets for its fee structure and will annually adjust its fee structure to ensure that the fees continue to meet cost recover,} targets. When requested by the A dFoirastfafive SeVAces Finance Director, each department shall provide the A,a..,ipds,....,tive Services Finance Department a listing of the services and the respective fees imposed by department. This listing shall identify the estimated costs to the City in providing the product or service associated with each fee as well as any recommended revision in the fee. The Finance Department may study, internally or using an outside consultant, the costs of providing such services and recommend fees to each department. E. The A dnmh is4ative c ^_yiees Finance Department, with the assistance of the initiating department, shall present for Q-, CouneA review any new or revised revenue measures to City Council for review. The Ad+ni .istT-a five c....vices 1 L4� F -4 Finance Department shall endeavor to consult with private individuals, - business groups and individual business persons on the economic impact any recommended revenue measure changes may have on them, including but liffl-ited *P flhe City's ficanomie Pevelopment Committee and the Newport Haffh- r n re C-ha . ber- of Cane...,,_,., Their response, the estimated costs to the City in providing the product or service and the recommended revision to the revenue measure shall be included in the information forwarded to the City Council. F. The Cites proactively seek to protect and expand its tax base by encouraging a healthy underlying economy. G. The City will work to enhance and projtect the property values of all Newport Beach residents and property owners. H. The Ceity will encourage shopping -, dining, and visiting at Newport Beach stores, restaurants and hotels. I. The City will oppose efforts of the State and CouDU governments to divert revenues from the City or to increase unfunded service mandate of City taxpayers. T. The City will seek additional intergovernmental funding and grants, with a priority on funding one -time capital projects. Grant - funded projects that require multi-year support will be reviewed by City Council. K. The City will not rely on one -time revenue sources to fund operations: One -time revenues sources, whenever possible, will be used to fund one -time projects, augment reserve balances or fund unfunded liabilities. Adopted - August 26,1968 February 27,1995 Reaffirmed - November 12,1968 February 26, 1996 Reaffirmed - March 9,1970 26,1998 rez .....!!rf��rasrn_ Amended january 247 Corrected - Amended - May I Reaffirmed February 14,1972 8, 2001 Reaffirmed December 10, 1973 2004 Reaffirmed November 11,1974 May 8, Amended - Tanu2g 24,1994 Formerly F -13 195! Coors.,, February be 1996Amended May �e!TS!f rf �;�eesir�r•.TT:�e!!re!frf�rca Amended - September 13, 2011, - 193 V C�o CONSUMER PRICE INDEX PURPOSE F -6 To determine the Consumer Price Index to be used when making adjustments to approved City fees, charges, revenues, or expenditures. POLICY Unless specified otherwise, the Consumer Price Index to be used when making any adjustments to approved City fees, charges, revenues, or expenditures, shall be the "Los Angeles - Riverside - Orange County (1967 = 100) ALL URBAN CONSUMERS" Consumer Price Index. For purposes of computing the adjustment for reimbursement of Council expenses as provided for in Section 402B and 404 of the City Charter, -_tke -The base ^,a4year is periodically adjusted by the U.S. Bureau of Labor Statistics. shall be r,ay, 197A. The annual adjustment shall be in accordance with the above - specified index. Adopted - January 24,1994 Amended - August 11, 2009 Amended - September 13, 2011 Formerly F -17 1 5� 5�- CITY TRAVEL POLICY STATEMENT PURPOSE Euz:3 To set forth the policy for official City travel and to establish —pF^e for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy shall not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede P.O.S.T. reimbursable travel policies established by the State of California or the Newport Beach Police Department. The governing rule for all City travel expenses shall be availability, economy, convenience, and propriety. TRAVEL POLICY A. The City shall provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions/ purposes. B. Official travel is planned, approved, budgeted, and controlled at the Department level, except in specific cases described below. C. Authorized travel approved in the annual budget requires no further approval beyond the departmental level. If, however, it becomes apparent that the total travel cost will exceed the budget estimate, the approval of the AdfrAizre Sefviees Finance Director must be obtained. percent shaU be referred by the Ada+44stFative Sen4ces Pir-eeter to Mea-kager for approva4. The nuff,,ber of attendees representing the City at any net exeeed the number specified in the budget vithout C–Runcii- Ease of eonunission Fnembers), of Department Head approval (in the ease of Qt-y staf4 or Eenunittee members)- D. Unbudgeted, unplanned travel requests shall be submitted by the Department Director to the ^ dFfd .:..trot ve c,....:ees Finance Director who will forward the requests to the City Manager for approval. Such requests shall include the proposed funding source for the travel (other travel canceled, reprogramming of other funds within the department, etc.). it Ia.] B-.E. The City Manager shall adopt and enforce administrative procedures that assure that all City authorized travel is: 1) Paid directly by the City or reimbursed to the traveler based on actual, itemized expenses or should be covered by per diem payment. 4�2) The City's per diem rate for Meals and Incidental Expenses (M &IE) shall be equal to the U.S. General Services Administration's (GSA) M &IE rates. (www.GSA.gov). J� �. MEMO MUM J� Fonn Mus PROCEDURE A. Each Department Director shall include all planned trips in the Department's annual budget requests. The Travel Authorization Form shall be used as a planning /cost estimation guide. For unbudgeted, unplanned travel, the same form shall be prepared at the time travel is requested. B. All requests for travel advances shall include the original Travel Authorization Form signed by the Department Head. C. The Travel Expense Claim Form shall be used to file the final travel claim with the AdR-An istT-at-ive— Serviees Finance Director. A copy of the Travel Authorization Form must be attached. D. The ^ dFnir:..,.rative gervieesFinance Department shall make a record of all travel payments on the original Travel Authorization form, –_. 4e A4H b ret• °r ^a the ,.......ell with retained by the City. 3 S� ._ ., r. • WIN _ - - -- PROCEDURE A. Each Department Director shall include all planned trips in the Department's annual budget requests. The Travel Authorization Form shall be used as a planning /cost estimation guide. For unbudgeted, unplanned travel, the same form shall be prepared at the time travel is requested. B. All requests for travel advances shall include the original Travel Authorization Form signed by the Department Head. C. The Travel Expense Claim Form shall be used to file the final travel claim with the AdR-An istT-at-ive— Serviees Finance Director. A copy of the Travel Authorization Form must be attached. D. The ^ dFnir:..,.rative gervieesFinance Department shall make a record of all travel payments on the original Travel Authorization form, –_. 4e A4H b ret• °r ^a the ,.......ell with retained by the City. 3 S� ., r. • PROCEDURE A. Each Department Director shall include all planned trips in the Department's annual budget requests. The Travel Authorization Form shall be used as a planning /cost estimation guide. For unbudgeted, unplanned travel, the same form shall be prepared at the time travel is requested. B. All requests for travel advances shall include the original Travel Authorization Form signed by the Department Head. C. The Travel Expense Claim Form shall be used to file the final travel claim with the AdR-An istT-at-ive— Serviees Finance Director. A copy of the Travel Authorization Form must be attached. D. The ^ dFnir:..,.rative gervieesFinance Department shall make a record of all travel payments on the original Travel Authorization form, –_. 4e A4H b ret• °r ^a the ,.......ell with retained by the City. 3 S� Mue CONTINUITY OF CITY GOVERNMENT POLICY With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time. When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall make an effort to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk shall be utilized to provide alternate travel arrangements where necessary in order to comply with this policy. This policy will help insure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City. In addition, the City Manager, Department Heads and other key personnel should use the same guidelines in traveling separately on official business whenever practicable. Adopted - June 8,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - April 23, 2002 Amended - October 10, 2006 Amended - August 11, 2009 Amended - September 13, 2011 Formerly F -25 al J �/ F -11 ACQUISITION, rdN, CUSTODY; AND DISPOSAL OF CONTROLLED PROPERTY 17ff[�CZ��y� To set forth the City's policy concerning fespen i"dl"es ,.^,.ar diRg acquisitiei custody; and disposal of controlled property. r o -- o r-- - --- The primary f,.cus ,.f this ...,1:E., and the � ee dunes to ..,1-,ich it refers, r of �1.,. r City's property and equipment. DEFINITION Controlled Property is eg nerally defined as portable equipment, tools and furniture property g ar, initial value than $500, v, ith twe exeeptierds. At the- discretion of than $500 •. alue maybe designated as eentrelled property.This should�rbe done Nvith items espee a4y subject to thefts or misuse. Conversely, major €ixed- capital assets with no potential for theft, such as buildings, land; - ^v and sewer "r^^, and other infrastructure assets affixed to the earth are exempted from aspeets of this policy, suEh as eiistedy ntrel. For a— further discussion of_ the distinetie i-p. ^n ^n "Controlled Property' and " property control procedures, and eempenents of that ^t, which different level Of ..,.„t,.,.1 see the - Administrative Procedures concerning City's Property Controlled Property- PTeeed iTes. PROPERTY CONTROL RESPONSIBILITIES The ^,d...indstrative SeFvkes Finance Director shall establish and maintain citywide property eantrel- acquisition and disposal procedures. However, basie -the ultimate accountability for City— Controlled Pproperty, along with the responsibility for maintaining reasonable safeguards to secure Controlled Property, lies with the -the Department Head that acquired the property until such time the item has been formally transferred to another Department Head or has been formally approved by the Finance Department for sale /disposal. Procedures for acquisition, transfer, sale /disposal of controlled property vary by property type and value and are addressed through Administrative Procedures. As property custodians, Departments Heads are also responsible for a periodic inventory of their Controlled Property in accordance with Administrative Procedures. At the discretion of the Finance Director, whose budget apprepri tie 5� Amended - April 13, 2004 Amended - September 13, 2011 F -11 C! 0 F -12 COMPLIMENTARY PARKING PERMIT POLICY PURPOSE To establish the policy for the issuance of complimentary parking permits. POLICY It shall be the policy of the City that a complimentary Annual Parking Permit may be issued to any person using a personal vehicle for City business, including City employees, at the direction of the Department Head. In addition, a Master Parking Permit may be issued to any Council Member, Commissioner or Board Member, the City Manager, Department Director, or other department personnel as approved by the City Manager. The City Manager has the authority to issue either the Annual or Master Parking Permit to any other individual as deemed appropriate. In all cases, each request must be submitted in writing to the Ave ServicesFinance Department and include a justification for the permit. Adopted - January 24,1994 Corrected - February 26,1996 Amended - August 11, 2009 Amended - September 13, 2011 1 �C F -12 COMPLIMENTARY PARKING PERMIT POLICY PURPOSE To establish the policy for the issuance of complimentary parking permits. POLICY It shall be the policy of the City that a complimentary Annual Parking Permit may be issued to any person using a personal vehicle for City business, including City employees, at the direction of the Department Head. In addition, a Master Parking Permit may be issued to any Council Member, Commissioner or Board Member, the City Manager, Department Director, or other department personnel as approved by the City Manager. The City Manager has the authority to issue either the Annual or Master Parking Permit to any other individual as deemed appropriate. In all cases, each request must be submitted in writing to the ServieesFinance Department and include a justification for the permit. Adopted - January 24,1994 Corrected - February 26, 1996 Amended - August 11, 2009 Amended - September 13, 2011 1 F -13 DISTRIBUTION OF PUBLIC INFORMATION IN MUNICIPAL SERVICES STATEMENTS AND BUSINESS LICENSE RENEWALS PURPOSE The purpose of this Policy is to establish guidelines for the distribution of written materials with the Municipal Services Statement and Business License Tax Renewal forms. Periodically, material is distributed to residents through the Municipal Services Statement and Business License Renewal form. This material shall be approved by the n a.. iPi,;#;;tivP SefviEes -F inane Director using the guidelines below as criteria for approval. Material not completely consistent with the guidelines below will not be distributed with Municipal Services Statements or Business License Tax Renewal forms without specific Council authorization. All costs associated with the inclusion of such material must be paid by the department submitting the request for inclusion. Mailing may include the following: A. Notification of schedules or procedures affecting City services. B. Information on the availability and scope of City services and facilities. C. Information concerning the functions and responsibilities of City departments and financial aspects of City operations. D. Information on municipal projects or future programs where a reaction from the community, business, or a neighborhood is desired. E. Information on recommended courses of action to protect the public or property from fire, theft, damage, and related hazards. F. Other materials which are designed to keep the public informed on the activities of its government. Mailings shall not contain information of a commercial nature, or from commercial entity. With the approval of the City Manager, information from community based, non- commercial organizations may be included in the Municipal Services Statement and Business License Renewal. The primary purpose of any such material should be to provide information of a public service nature. The material must not contain direct solicitation for contributions or promotions of events whose primary purpose is fund raising (such as $200 per plate dinners). However, announcements of other events are generally appropriate, even if a nominal fee or "bake sale' type activity is an incidental 1 �3 F -13 part of the function. All costs associated with the inclusion of such material must be paid by the non - commercial organization. The Municipal Services Statement subscribers list shall not be made available for any private or organizational use. The City Manager may authorize exceptions to this restriction. Adopted - - December 9,1968 Amended - October 25,1977 Amended - May 13,1991 Amended - January 24,1994 Amended - February 27,1995 Corrected - February 26,1996 Amended - April 13, 2004 Amended - September 13, 2011 Formerly G -2 2 0 F -15 EXTERNAL FINANCIAL REPORTING, DISCLOSURE & ANNUAL AUDITS PURPOSE To establish City policy regarding external financial reporting, financial disclosure filings and contracting for annual audit services €renrby-an external accounting firm. POLICY Accounting standards boards and regulatory agencies set the minimum standards and disclosure requirements for annual financial reports and continuing disclosure requirements associated with municipal securities. The Cites places a high value on transparency and full disclosure in all matters concerning the City's financial position and results of operations. To this end, the City endeavors to make superior disclosure te-in the City's Comprehensive Annual Financial Report and Continuing Disclosure filings by going above and beyond the minimum reporting requirements including certificate of achievement programs and voluntary event disclosure filings. GR-4�sistent ivith the praefiEes ef otkeiF cities, as well as larger- eorperatiens in the private seetor,-4a e-The City prepares its financial statements in conformance with Generally Accepted Accounting Principles (GAAP). Responsibility for the accuracy completeness of the financial statements rests with the City. However, the Getineil City retains the services of an external accounting firm to audit the City' .,,.,.,.,.a..res and °eEo°asFfinancial Sstatements on an annual basis. The primary staff point of contact for the for this eantract and the day to day work deRe by the auditors is the ^ a, dnis,.. afiv,. °e~^i^esFinance Director, but the auditors will have direct access to the City Manager, City Attorney, Finance Committee or City Council on any matters they deem appropriate. The financial statement audits and compliance audits will be conducted in accordance with the United States; Ggenerally Acccepted audiZg- tandards GAAS standards applicable to financial audits contained in Government Auditine Standards. _ .. - - L-) F -15 After soliciting and receiving written proposals from ' ualified inde endent accounting firms, the Finance Director shall submit a recommendation to the Finance Committee and City Council. the City will normally awar-El a an udit centfa^* for ^ feur yeaf Under the premise that multiyear audit agreements are more cost efficient, allow for greater continuity and reduce audit disruption, the City gage auditors in multi -year contracts but the term of each contract shall not exceed five years. Generally, the City will request proposals for audit services ever f�years. However, the Finance Committee may make an exception to the competitive proposal requirement if extraordinary circumstances exist and a change in auditors may not be prudent. - per-ied- If The audit eent:FaEt may be reRewed for- aR additional fi±L-feur year- perio-11 W.�L -� firm, going th&eug-h a new kwitat4an for bid i9r-eeedur-e, with the same if-the City Council is satisfied with the performance of the auditors, the independent accountants may submit additional proposals and authorises the extension. _Qi4y one suelg P-XtP-7As;iR-n is ;VifhOilt going through fafm^' bid ,.,a•. - ^a competitive selection process but it is the City's policy to - requireit mandatory audit firm 4ice rotation after ten years of consecutive service. independent a After audit results have been communicated to the City, the Ser;,icP,;Finance Department is then responsible for responding to all findings within six months to the city Ce- Finance Committee and appropriate regulatory agencies, if applicable. Adopted - January 24,1994 Amended - February 27,1995 Corrected - February 26, 1996 2 L�'I .,, e ZZ .. After soliciting and receiving written proposals from ' ualified inde endent accounting firms, the Finance Director shall submit a recommendation to the Finance Committee and City Council. the City will normally awar-El a an udit centfa^* for ^ feur yeaf Under the premise that multiyear audit agreements are more cost efficient, allow for greater continuity and reduce audit disruption, the City gage auditors in multi -year contracts but the term of each contract shall not exceed five years. Generally, the City will request proposals for audit services ever f�years. However, the Finance Committee may make an exception to the competitive proposal requirement if extraordinary circumstances exist and a change in auditors may not be prudent. - per-ied- If The audit eent:FaEt may be reRewed for- aR additional fi±L-feur year- perio-11 W.�L -� firm, going th&eug-h a new kwitat4an for bid i9r-eeedur-e, with the same if-the City Council is satisfied with the performance of the auditors, the independent accountants may submit additional proposals and authorises the extension. _Qi4y one suelg P-XtP-7As;iR-n is ;VifhOilt going through fafm^' bid ,.,a•. - ^a competitive selection process but it is the City's policy to - requireit mandatory audit firm 4ice rotation after ten years of consecutive service. independent a After audit results have been communicated to the City, the Ser;,icP,;Finance Department is then responsible for responding to all findings within six months to the city Ce- Finance Committee and appropriate regulatory agencies, if applicable. Adopted - January 24,1994 Amended - February 27,1995 Corrected - February 26, 1996 2 L�'I Amended - September 13, 2005 Amended - September 13, 2011 Formerly A -14 F -15 3 V� (r-91 ACKERMAN TRUST Iral)S11i00 =0 To establish City policy for the distribution of the proceeds of the income from the Ackerman Property. POLICY Per the terms of the Carl Ackerman Family Trust, the net sales proceeds of certain property in McFadden Square were divided between the University of California, Irvine, and the City of Newport Beach. The proceeds were distributed as follows: Sixty (60) percent of the proceeds were distributed to the University of California, Irvine, to be used for scholarship funding for needy qualified students. Forty (40) percent of the proceeds were to be distributed to the City of Newport Beach to be used in the following manner: Seventy-five (75) percent of the City's share to create a permanent endowment to provide a perpetual annuity that can be used to acquire high -tech library equipment. Twenty -five (25) percent of the City's share to create a permanent endowment to provide a perpetual annuity to fund scholarships for needy qualified students. This scholarship fund shall be open to any child who resides in Newport Beach, and to the children of City employees. The following procedures are established to meet the terms of the Ackerman Trust. The City shall deposit its share of the proceeds from the sale of Ackerman property into a Permanent Fund. Within that fund, the City shall create separate permanent endowment reserves to account for the principal share of both the high -tech library equipment ($579,586) reserve and the scholarship reserve ($193;195). The City may not spend any portion of the permanent endowment. The City shall also create similar reserves to track the restricted and unrestricted expendable portions of each endowment. To preserve the economic vitality of the Ackerman annuities, the City shall further restrict a portion of this fund's interest earnings to the "Inflation Reserve' that will represent a buffer against inflation. The 1 C� F -16 remaining balance, if any, shall represent the spendable portion of each endowment. For each of the endowments, interest shall be allocated between the Spendable and Inflation reserves in accordance with the tables below based on the reserve totals of the preceding year. In the case of the high tech library endowment, the Library Services Director will make a recommendation to the City Manager to request expenditure appropriations from the Spendable Reserve balance during the budget process or at any time during the year when an appropriate high tech equipment need is identified and no other funding sources are available. The appropriation request shall be subject to the normal Council approval process as provided by Council Policy F -3. In the case of the scholarship endowment, the Administrative See- Ees- Finance Director will recommend to the City Manager the amount to be appropriated for the coming budget year in accordance with the tables below. Unless otherwise recommended by the City Manager or City Council, budget appropriations will be set to equal the interest credit to the Spendable Reserve that occurred during the preceding fiscal year unless the interest credit falls short of the minimum threshold or exceeds the maximum appropriation threshold in which case the appropriation shall equal the applicable appropriation threshold. While the appropriation represents the authorized amount, there shall be no requirement for the program administrators to spend the authorized funds in any year. The program administrator for the High Tech Library Equipment endowment shall be the Library Services Director while the program administrator for the Scholarship Endowment shall be the Human Resources Director. It shall be at the discretion of the program administrators to determine the most appropriate means to fulfill the intent of the endowment consistent with Council Policies or other City practices. EA 10 F -16 Table 1. Interest Allocation Schedule for Scholarship Reserves Table 2. Interest Allocation Schedule for High Tech Library Reserves Total Balance of High Tech .ibrary Reserves as of June 30 Interest Allocation Spendable Inflation Reserve Reserve Appropriation Threshold Annual Annual Minimum Maximum Interest Allocation Appropriation Threshold Total Balance of Scholarship Spendable Inflation Annual Annual Reserves as of June 30 Reserve Reserve Minimum Maximum 200,000 to 300,000 30% 70% $0 $5,000 300,000 to 400,000 40% 60% $2,500 $7,500 400,000 to 500,000 50% 50% $5,000 $10,000 500,000 to 600,000 50% 50% $6,250 $12,500 600,000 to 700,000 50% 50% $7,500 $15,000 700,000 to 800,000 50% 50% $8,750 $17,500 800,000 to 900,000 50% 50% $10,000 $20,000 900,000 to 1,000,000 50% 50% $11,250 $22,500 1,000,000 to 1,100,000 50% 50% $12,500 $25,000 Table 2. Interest Allocation Schedule for High Tech Library Reserves Total Balance of High Tech .ibrary Reserves as of June 30 Interest Allocation Spendable Inflation Reserve Reserve Appropriation Threshold Annual Annual Minimum Maximum 600,000 to 700,000 15% 85% $0 700,000 to 800,000 25% 75% $0 For all 800,000 to 900,000 35% 65% $0 Reserve 900,000 to 1,000,000 45% 55% $0 Levels, the Annual 1,000,000 to 1,100,000 50% 50% $0 1,100,000 to 1,200,000 50% 50% $0 Maximum is the balance of 1,200,000 to 1,300,000 50% 50% $0 the Spendable 1,300,000 to 1,400,000 50% 50% $0 Reserves 1,400,000. to 1,500,000 50% 50% $0 Table Notes: The tables were constructed assuming economic conditions where the City might expect to earn 5% and the consumer price index (CPf) is expected to increase 2.5 %. Under this assumption, 50% (2.5 %/5 %) of annual interest earnings are expected to be eroded by inflation. The minimum threshold was established to provide continuity of the Scholarship program in years where the economic assumptions do not hold true, and inflation or low interest earnings might otherwise completely preclude scholarship awards in any one year. However, in no case shall it be allowable to appropriate or expend any portion of the permanent endowment reserves. The maximum threshold is intended to provide funding in high interest earning years for those years where the minimum threshold was utilized. 3 F -16 Adopted -January 24, 1994 Amended - May 8, 2001 Amended - April 13, 2004 Amended - August 11, 2009 Amended - September 13, 2011 ELECTRONIC COMMUNICATIONS PURPOSE F -17 The purpose of this policy is to provide direction for retention and deletion of electronic communications. POLICY A. Electronic communications via the City's computerized Integrated Messaging Systems (IMS), including, but not limited to, e -mail or voice -mail systems, are an important and effective tool that facilitates the conduct of the City's business through efficient, expeditious and cost effective communications. Electronic communications, by their nature, are not customarily preserved and retained by the City or its officers or employees, but are transitory in nature similar to, and often used as a substitute for, telephonic or person -to- person communications. The City Council recognizes its legal obligations relating to the preservation and /or public disclosure of public records pursuant to the requirements of destruction of records laws and /or the Public Records Act (PRA). However, the City's electronic communication systems have a limited capacity and, as such, the City routinely purges (deletes) e -mail and voice -mail communications from the system. Each system, to function as intended, anticipates or requires that employees regularly delete the communications from the system. Accordingly, an electronic communication shall not to be used by any City official or employee as the exclusive means to memorialize information when it is necessary or intended that the informational content of the communication be preserved for future City use or reference. B. All electronic communications to, from, between or among any City officials or employees by use of an electronic communication system to facilitate any business of the City, where it is neither necessary nor intended that the informational content of the communication be preserved for future City use or reference, may be deleted from the City's computer system without preserving the informational content of the communication or any portion thereof, unless: (1) a law expressly requires such communication to be kept, or (2) the preservation of the communication is necessary or convenient to the discharge of the public officer's or employee's duties and the communication was made or retained for the purpose of preserving this informational content for future City use or reference. 1 y, f F -17 C. If the City is required to maintain any electronic communication as a permanent record, it shall be printed out in hard copy form for permanent filing. Alternately, an electronic file shall be copied, archived and stored separately from ordinary entries or message logs, capable of being retrieved in readable or audible and comprehensible form. Adopted - April 23, 2002 2 F -18 PUBLICLY OWNED PAY TELEPHONES Pay telephones shall be installed and maintained by the City of Newport Beach throughout the City in an effort to: A. Promote efficient access to the telephone system to the general public. B. To facilitate communications to the public using City facilities. C. To improve access to the City's emergency services and reduce response time. D. To provide revenue for the City. E. To standardize the telephone service and equipment available within the City. F. To eliminate private installations or encroachments in any public right -of -way. The City will endeavor to provide telephone service in a progressive and efficient manner and shall meet all requirements of the Public Utilities Commission and the Federal Communications Commission in so doing. The City shall install and maintain public pay telephones at all locations where there is a demonstrated need and where the cost of providing service is offset by call revenues. Priority shall be given to those locations and City facilities with a large number of users or visitors. Final location of all publicly owned telephones will be approved by the City Manager or the City Manager's designee prior to installation. Adopted - January 24,1994 Amended - February 26,1996 Amended - May 26,1998 Formerly M -6 1 e � .J -769 VOICE -MAIL GENERAL POLICY PURPOSE F -19 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 telephony applications 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. 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 1� F -19 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 a receptionist during City business hours. Only under unusual circumstances shall these lines be routed through the voice - mail auto attendant application. If the assigned receptionist is unavailable at any time during City operating hours, the department shall make an effort to assign a back -up receptionist 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 Telecommunications Division and /or the responsible Department or Division. 2. rVR. 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. 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 2 �s F -19 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. Receptionists 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." INIPLENIENTATION AND OPERATION Overall control and administration of the system is the responsibility of the Telecommunications Division of the Administrative Services Department. The Telecommunications Division shall assist each department with the design and installation of their individual programs, consistent with the following: 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 Telecommunications Division. Plans shall be phased in during a test period of at least one month. 3 11 F -19 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 Telecommunications 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 Telecommunications 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 Formerly M -7 0 V F -22 EMPLOYEE OF THE YEAR (THE DOROTHY PALEN AWARD) To establish the award criteria and selection process for the Dorothy Palen or City Employee of the Year award. BACKGROUND Dorothy Palen retired from the City of Newport Beach Finance Department in 1993, after 47 years of dedicated service. Every year since her retirement, a Newport Beach City employee who best exemplifies the characteristics of Dorothy Palen has been selected as the Employee of the Year. This City Council policy specifies the award criteria and selection process to insure a deserving employee is selected as the Employee of the Year. PROCEDURE A. Each year, all City employees will have an opportunity to submit a nomination to the Human Resources Director for Employee of the Year. All nominations must include a brief justification describing how the nominee specifically meets the established award criteria on a form available from the Human Resources Department. B. A Committee composed of the Human Resources Director, two Department Directors, and two other employees selected by the City Manager, will review the nominations and narrow the field of candidates to five employees. The committee shall specify the reasons for its recommendations. C. The names of the finalists with a written justification for selection shall be presented to the City's senior management staff for final selection. D. The selected employee shall be recognized at the annual Employee Awards Breakfast. The employee will be presented a plaque commemorating his /her recognition as Employee of the Year. A press release will be initiated which describes the award and honors the selected employee. E. To be nominated for the award, the recommended employee should be a role model for all City employees. The Award Committee's evaluation will be based upon work performed and/or organizational contributions made during the current calendar year. 1 nC F -22 F. Specific award criteria which should be considered during the selection process are: Initiative - The nominee is a self - starter, willing to originate action without instruction, and to introduce new ideas and methods to provide public services. Integrity - The nominee steadfastly adheres to an ethical code that reflects the values of the organization. Dependability - The nominee is reliable and trustworthy; a dependable person that encourages confidence about his /her support and follow - through. ud ent - The nominee is able to perceive, distinguish, evaluate, and form sound opinions after due consideration and deliberation. Cooperation - The nominee is able to accomplish his /her job tasks while establishing cooperative working relationships with other City employees and the public, based on sensitivity to the needs of others and concern for the common good. Adopted January, 21,1994 Amended - February 27,1995 Amended - February 24,1997 Amended - March 22,1999 Amended - April 13, 2004 Formerly J-4 2 0 C- F -24 POLICY FOR COLLECTIONS AND WRITE -OFF OF ACCOUNTS RECEIVABLE Guided by the policy provided herein, the ^ a.. inistfative Sery EesFinance Director shall establish specific procedures and dollar thresholds regarding collections and the write -off of accounts receivable to the City. From an accounting perspective, aging accounts receivable should generally be written off during the fiscal year in which the account is no longer expected to be collectable. However, the decision regarding actual collection efforts is separate. (Subsequent collection of an account previously written - off is treated as new revenue.) The dmii.:st...tive Service- sFinance Director or his designee shall establish and maintain consistent working guidelines for the point at which collection efforts will no longer be feasible or cost effective. Notwithstanding these guidelines, exceptions will sometimes be appropriate on case -by -case basis. Each type of account and each account may have specific legal or administrative nuances that may reasonably impact expectation of collection. The following guidelines should be applied in regarding aging accounts receivable: m Aging accounts receivables should be reviewed monthly to encourage timely payment. Dunning notices should be mailed and penalties should be imposed where appropriate. ® The estimated cost of collection should not exceed the value of the delinquent account. Delinquent accounts over the current deemed minimum account balance threshold ($25.00 in 2004) and 90 days past due should be promptly sent for collection. The reasonable cost of any contract collection efforts should be added to the delinquent balance but the collection fee should not be recognized as revenue until the amount is received. ® Sometimes it may not be readily evident and /or practical to determine the precise time a receivable becomes uncollectible on an individual account basis. On an interim basis, the Revenue Division may elect to estimate and maintain an allowance for uncollectible accounts as a contra asset account as a best estimate of the value of uncollectible accounts that still remain on the City's balance sheets. 1 c63 F -24 • Receivables in general, should be substantiated by documentation evidencing the amount and validity of the receivable. However, further written evidence should be maintained by the Revenue Division to substantiate the probable collection for any account deemed collectible over three years old. To the maximum practical extent, consistent application of policy in this area is the goal. However, circumstances vary, and prudent judgment by staff is relied upon in making exceptions. Adopted - April 13, 2004 Amended - September 13, 2011 2 GRANT ADMINISTRATION PURPOSE F -25 To establish guidelines for the application, acceptance, administration, and financial reporting of grants including, but not limited to federal, state, local, and restricted donations (also considered grants for the purpose of this policy). POLICY A. Grant Application and Responsibility Individual departments are encouraged to investigate sources of funding relevant to their respective departmental activities. The individual department applying for a grant or receiving a restricted donation shall generally be considered the Program Administrator of the grant. The Office of Management and Budget (OMB) in the Finance Department —may assist in the financial administration and reporting of the grant but the Program Administrator is ultimately responsible for meeting all terms and conditions of the grant, insuring that only allowable costs are charged to the grant program and is responsible for adhering to City budgeting and fiscal procedures. Individual Departments and Program Administrators are not authorized to execute grant contracts. Grant contracts should be reviewed by the City Attorney's office and executed by the City Manager and or City Council. B. Grant Acceptance & Appropriation by City Council Even though the funding source for an activity may be provided by a grantor /donor, only City Council can appropriate funds for official City activities except as authorized by Council Policy F -3 (Budget Adoption and Administration). Therefore, prior to the acceptance of a grant, the City Manager and City Council shall: 1. Approve the terms and conditions of the proposed grant including the specific City obligations that may be created by the grant contract in terms of required City matching expenditures or staff activities, even if the expenditures were previously appropriated through the budget adoption process. 1 I VIR 2. Approve budget appropriations for the grant expenditures and City matching expenditures unless previously appropriated through the budget adoption process. 3. Approve and execute the Grant Contract(s). Note: The City Council review and approval of items 1 and 3 are not required if the grant is under $30,000 however, Council expenditure appropriation is required for all new appropriations in excess of $10,000 or as otherwise specified by Council Policy F -3. Any budget amendments requested by the Program Administrator or operating department shall be reviewed by the MB of the A dmin:..,-..ativ,, c,.....:cPsFinance Department and submitted as a staff report to the Council for their review and approval. The Accetmting PivisienOMB of the Aaiarastrative— SerieesFinance Department along with the Program Administrator shall determine the proper amount of the appropriation request during the current and future fiscal year(s). C. Timely Reimbursement The Program Administrator is responsible and should pursue and /or request grant reimbursements or draw -downs on a timely basis. If requested, the OMB of the s�..�e ServieesFinance Department will assist with grant reimbursements or draw - downs. All checks shall be made payable to the City of Newport Beach and remitted to Program Administrator. Grant checks should be deposited immediately with the City Treasurer along with supporting documentation received by the Program Administrator. Copies should also be forwarded to the Aeeei±RtiHg Pivi OMB of the ^tee -SeFvieesFinance Department. The Program Administrator will keep the MB of the ^ a,..iFdstrat vp c,.,.. ice, ;Finance Department apprised of the annual estimated grant revenues and expenditures and a tentative schedule of cash -flows for the grant program. 2 F -25 D. Financial and Grant Reporting Grant reporting requirements vary widely by grant and sometimes include monthly, quarterly, and or annual reporting. Subsequent to the approval of a grant application, and during the project period, any required reports shall be the responsibility of the Program Administrator, or if requested by the Program Administrator, the Accounting Divisio OMB of the ^e Sera Finance Department. Program Administrators submitting their own reports shall forward a copy of each report to the Aecounting Di-visienOMB of the ^ dmdnist -ativ„ Se °" e Finance Department. E. Grants Containing Direct Federal Assistance of Federal "Pass- Through" Funds Program Administrators acknowledge that Federal Funds or Federal Funds that "pass- through" state and local programs are required to be reported on the City's Schedule of Federal Financial Assistance and included in the City's annual Single Audit (compliance audit of all Federal Funds). Program Administrators will identify and keep the Aeeountiiig Divi OMB apprised of those grant programs that contain direct Federal Funding or Federal pass - through funds identifying the Catalog of Federal Domestic Assistance (CFDA) number when at all possible. F. Record Keeping & Retention Requirements For the purpose of Grantor inquiries and grant specific compliance audits, Program Administrators are responsible for .maintaining adequate records to evidence that program activities and expenditures met the terms and conditions of the grant and that all grant reporting requirements were met timely. Record retention requirements vary by grant but it is recommended that grant records should be maintained for a minimum of the life -of- the -grant plus three years, unless otherwise specified by the grant contract. G. Documents to be forwarded to Accounting: Information received from a granting or donor agency that is pertinent to the terms, conditions, approval, extension, denial, revocation, and administration of a grant shall be forwarded to the Aceeunting DivisienOMB of the °x•,9 2 Ser -viees Finance Department including but not limited to: 3 47 j Grant Award Notification Expenditure Authorization Date (if applicable) Grant Contracts Grant Extension Letters Grant Termination Letter Program and or Financial Reports Notices of Questioned Costs or instances of non - compliance Any Document setting or modifying terms and conditions of the grant Adopted - September 13, 2005 Amended - September 13, 2011 F -25 rd �6 HEARING OFFICERS PURPOSE I &W To establish the City Council's policy regarding the qualifications, backgrounds, and experience of City- appointed Hearing Officers. POLICY It is the policy of the City Council of the City of Newport Beach that Hearing Officers shall be used as independent, third party decision - makers outside of City staff and appointed commissions. This Policy sets forth the roles of Hearing Officers, their qualifications, and relationship to the City government. A. Hiring of Hearing Officers Pursuant to §1.08.055 of the Newport Beach Municipal Code (NBMC), the City Council, the City Manager, or certain boards or commissions can designate Hearing Officers to hear and consider appeals. Generally, these Hearing Officers shall be hired under the authority of the City Manager. However, for Hearing Officers hearing and considering actions under Title 20, the City Council shall approve the hiring of the Hearing Officers. B. Roles of Hearing Officers Hearing Officers can serve the community to conduct any hearing or appeal pursuant to NBMC §1.08.055 or can serve as code administrators. Respective roles shall be as follows: 1. To hear any appeals authorized by NBMC §1.08.055 plus appeals of California Vehicle Code citations. 2. As a Code Administrator of these aspects of Title 20: a. To consider and approve, conditionally approve, or deny Use Permits under Chapter 20.91A. b. To consider and approve, conditionally approve, or deny requests for Reasonable Accommodation under Chapter 20.98. 1 F -26 C. To consider and approve, conditionally approve, or deny requests for abatement time period extensions under Chapter 20.62. C. Qualifications of Hearing Officers The City Council shall select Hearing Officers based on the following qualifications. A hearing officer shall: 1. For appeals authorized by NBMC §1.08.055: a. Have a demonstrated familiarity with municipal codes, applicable case laws, and California State Law. b. Have at least three (3) years' experience either as a Hearing Officer for another municipality, a judge, or as a practicing attorney familiar with municipal law; C. If applicable, be a member of the California State Bar in good standing, or having retired from the Bar in good standing; and d. Have no conflict of interest or ethical barrier regarding the specific case that the Officer will hear. 2. For decisions associated with Title 20: a. Have a demonstrated familiarity with municipal codes (especially land use and zoning), applicable case laws, and California and Federal law (including fair housing laws). b. Have at least ten (10) years' experience either as a Hearing Officer for another municipality, a judge, or as an attorney practicing in the area of municipal law, especially land use planning; C. Be a member of the California State Bar in good standing, or having retired from the Bar in good standing; and d. Have no conflict of interest or ethical barrier regarding the specific case that the Officer will hear. Each candidate's potential conflicts of interests shall be reviewed and an opinion offered by qualified legal counsel prior to employment as a Hearing Officer. 2 `1 O Adopted - January 22, 2008 F -26 U H -3 (NEWPORT BEACH'SENSITIUE MAMNE AREAS:' �n cry 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 Game Department to preserve and enhance the natural assets of the Refugesensitive marine areas; to create the best possible marine tide peel environments; and to insure their continued existence. In order to accomplish this goal the Marine Protection and Education division Delta en shall, when possible, schedule and regulate sad lar e group trips to the Re€uge sensitive marine environments. Marine Preserve Officer(s) Protection staff assigned to the Tide n,.R-i -Refug sensitive marine environments are to educate and enforce rules and regulations for the purpose of keeping tl4s conservin tg hese resources from 1.,.:..,.depleted of TRari4ie rife for future generations. Adopted - October 26,1976 Reaffirmed - February 9, 1981 Amended - January 24,1994 I G3 qq I -1 LIBRARY SERVICE POLICY The library is the cultural, educational and informational heart of Newport Beach. The Newport Beach Public Library is a service - oriented library committed to meeting the i4er- atio al and EUkUral needs of the diverse audiences within the community through the Central Library and the Branches. The Newport Beach Public Library is committed to Branch Libraries to complement and support Library service by the Central Library. Adopted - March 27,1984 Amended - October 22,1990 Amended - February 10, 1992 Amended by Board of Library Trustees - August 17,1993 Amended - January 24,1994 Reassigned - April 8, 2003 Formerly 0-2 Formerly I -14 1 GS Q� I -3 NEWPORT BEACH PUBLIC LIBRARY COLLECTION DEVELOPMENT POLICY It is the intent of the Board of Library Trustees that the Newport Beach Public Library provide a variety of print and nonprint materials to meet the informational, educational and recreational needs of the entire community. The Library seeks to provide breadth and depth within the collection, various points of view, and differing formats. The Library endeavors to balance materials of permanent value with those of current interest. Materials are selected based on their content as a whole, not on selected excerpts. Race, nationality, or political, social, moral, or religious views of an author will not affect the selection of materials. Selection is based on merit of the work; value of the work within the collection; and the needs and interests of the community. Consideration is given to specific types of material; to materials for specific age groups; to materials for special interests of clientele; and to differing formats of materials. These selection criteria will apply equally to materials purchased and to those accepted as gifts. The selection of materials is made by Library staff. Pa4e4q.,; Customers making requests that items be added to the permanent collection will be referred to the "Request for Book Purchase Form." Suggestions from Library patr -ens customers -are encouraged and receive serious consideration. Many items which are not in the collection are available to library patrons, through established interlibrary loan practices. Concurrently, the Library's participation in universal borrowing, established by the California Library Services Act, Article 4, Section 18731, provides Newport Beach Public Library patrons direct access to materials housed in other participating public libraries in Orange County and throughout the State of California. The Library believes that the use of Library materials is an individual and private matter. All patters customers -are free to select or reject materials for themselves; they may not restrict the freedom of others to read or inquire. Parents have the primary responsibility to guide and direct the use of Library materials by their own minor children. In support of the above principles, the Library incorporates the Library Bill of Rights as adopted by the American Library Association Council on January 23, 1980, as Attachment I to the Collection Development Policy. 1 (1 I -3 Library patrons customers with concerns about a specific title in the collection shall be provided with a copy of the Library's "Collection Development Policy" and asked to complete the "Patron-s-Customer's Request for Evaluation" form. Library staff shall evaluate the material, based on the "Collection Development Policy" established by the Board of Library Trustees. A recommendation shall be forwarded to the City Taman Library Services Director who shall respond in writing to the pableR customer. Any unresolved concerns shall be referred to the Board of Library Trustees for final decision. Library patraFis customers requesting specific titles be added to the collection will be provided with a "Request for Book Purchase" form. Library staff shall evaluate the request based on the "Collection Development Policy" established by the Board of Library Trustees. P Custoiner's "Request for Evaluation of Library Resources" form is attached as Attachment II. [Attachment I - Library Bill of Rights] [Attachment II - Collection Development Policy] Adopted - October 22, 1990 Amended - October 28,1991 Amended - January 24,1994 Reassigned - April 8, 2003 Corrected (Att. II) - October 10, 2006 Formerly 1 -16 2 99 I -3 ATTACHMENT I LIBRARY BILL OF RIGHTS The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. A. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. B. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. C. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. D. Libraries should cooperate with all persons and groups concerned with resisting abridgement of free expression and free access to ideas. E. A person's right to use a library should not be denied or abridged because of origin, age, background, or views. F. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted - June 18,1948 Amended - February 2,1961, June 27,1967, and January 23,1980 by the ALA Council 1 9 '"1 I -3 ATTACHMENT II NEWPORT BEACH PUBLIC LIBRARY - COLLECTION DEVELOPMENT POLICY PATRON' � CUSTOMER'S REQUEST FOR EVALUATION OF LIBRARY RESOURCES We appreciate your interest in the materials which have been selected for inclusion in the collection of the Newport Beach Public Library. If you have a concern about a specific item, we would appreciate your assistance in addressing the matter. Please fill out this form and return it to the Site Manager. The staff will evaluate the material and forward a recommendation to theme Library Services Director. Name Address City State Zip Date Phone Resources on which you were commenting: 0 Book 0 Audiovisual Resource 0 Magazine ❑ Content of Library Program 0 Newspaper ❑ Other 1. Title 2. Author /Producer 3. What brought this title to your attention? 4. Have you seen or heard reviews of this material? 5. Please comment on the resource as a whole. 6. Please note your specific objections. 7 (DO I -3 7. What resource(s) would you suggest to provide additional information on this topic? Please use the back of this form if additional space is needed. Thank you for taking the additional time to complete this form. Your Request for Evaluation will be given careful consideration and a response provided. Newport Beach Public Library Newport Beach, California Corrected - October 10, 2006 2 10 1, I -6 CHILDREN IN THE LIBRARY The Newport Beach Public Library encourages parents /adult caregivers to bring children to the library whenever possible. The _ y ., af4 has beefk trained e - -,ze -p e�dldren enjoy the library and the materials it The City offers many programs designed to encourage children to use and enjoy the library. The library staff has been trained to help children enjoy the library and the materials if offers; the library is not a bab ys� ittin or r daycare facility. It is the responsibility of the parent /adult caregiver to supervise and ensure the safety, welfare and appropriate behavior of his /her children while in the Librarv.Hewevef, the safety ef young eMdren and she rights of ,.,.1..,._ patrons require parents te meniter the behavior of theif EMdr-en and rery-eet behavieT- whieh is inappropriate. For purposes of this policy the term disruptive behavior means the creation of loud and unreasonable noise, running.-er--jumping, climbing, fighting or other behavior which could interfere with the rights of other patrons. Library staff shall administer the following policies relative to the presence of children in the library: A. CHILDREN UNDER THE AGE OF EIGHTSEVELM Children under fthtsevt -n may not be left unattended in the library. Parents /adult caregivers must be present in the immediate vicinity of any child under eightseven. Parents /adult caregivers are responsible for their child's behavior while in the library and staff will attempt to advise the parent adult caregiver if the child's behavior is disrupting staff or other patrons. Parents/ adult caregivers who fail to correct their child's behavior in response to a request from staff may be asked to remove their child from the library. If it is determined that any child under the age of eight is unattended, and the parent /adult caregiver is not in the building, staff may call the Newport Beach Police Department to place the child in care of the police. B. CHILDREN BETWEEN EIGHTcti� AND TWELVE Children between the ages of eight and twelve may use the library on their own, but the parent /adult caregiver assumes responsibility for their behavior. Pa,-ef+ shall be respei+sible ier- ,.l,:l, fen L.,,4..,ee seven and twelve. Staff may ask children of that age to behave and, if the disruptive behavior continues, will stag (2 I -6 shag notify the ehild's pareRts aFid may requester that the--child leave the library. An attempt may be made to noft l2arents /adult caregivers; however, the library assumes no responsibility to do so. remains .,t Elesiiig time shall be ...1.,Eed the custody of the Neivpert Beach elie r,^...,..t ,yhe shall respensibility of the Ehild. Neither the Newport Beach Public Library nor the City of Newport Beach assumes responsibility for the welfare of any child asked to leave the library. C. CHILDREN TWELVE AND OLDER Disruptive children over the age of twelve will be asked to leave the facility after receiving one warning from staff. If the child refuses to leave the library, the police may be called for assistance. Staff will attempt to notify the responsible parent /adult care 'ver before or after the warning and may request parental assistance. Neither the Newport Beach Public Library nor the City of Newport Beach assumes responsibility for the welfare of any child asked to leave the library. D. CHILDREN UNDER THE AGE OF TWELVE Any child under the age of twelve who remains in the library at closing time without a parent/ caregiver present shall be placed in the care of the Newport Beach Police Department. Adopted - January 24,1994 Reassigned - April 8, 2003 Formerly I -20 2 M K -1 GENERAL PLAN MANNER OF ADOPTION AND AMENDMENT The General Plan or any part or element thereof, and any amendment to such plan or any part or element thereof, shall be adopted in the following manner: A. Public Hearing - Planning Commission. The Planning Commission shall hold at least one public hearing before approving a General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof. Advanced notice of the hearing and the procedures for the conduct of the hearing shall be the same as those required by the Zoning Code for a code amendment. B. Approval by Planning Commission - Resolution. The approval by the Planning Commission of the General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof, shall be by the adoption of a resolution, endorsed by the chairman and Secretary of the Commission and transmitted to the City Council. C. Public Hearing - City Council. Before adopting the General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof, the City Council shall hold at least one public hearing. . Advanced notice of the hearing and the procedures for the conduct of the hearing shall be the same as those required by the Zoning Code for a code amendment. D. Referral of Proposed Changes Back to Planning Commission. In adopting a General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof, which has been approved by the Planning Commission, the City Council shall consider the recommendation of the Planning Commission. If the City Council intends to make major changes and take an action not considered by the Planning Commission, the changes shall be referred back to the Planning Commission for its recommendation. Planning Commission consideration of an alternative shall be construed liberally so as to allow the City Council to act on any one of a range of alternatives generally considered by the Planning Commission. The Planning Commission shall report back to the City Council with their recommendation on the proposed changes within 45 days. 1 low K -1 E. Adoption by City Council - Resolution. The adoption of the General Plan or any part or element thereof, or any amendment to such plan or any part or element thereof, shall be by resolution. AMENDMENT PROCEDURES (GENERAL PLAN) City Amendments A. City- sponsored amendments to the General Plan shall be initiated by the City Council. B. In initiating action to amend the General Plan, the City Council shall direct the Planning Commission to set public hearings for such amendments as it deems appropriate. C. Prior to making its recommendation on the proposed General Plan amendments, the Planning Commission may do such research as it deems necessary to establish whether the proposed amendment warrants approval. Property Owner Amendments A. Property owners may apply for an amendment to the General Plan, limited to changes to the land use designation and /or development limit for their property. Such request shall be made by the filing of an application on a form prescribed by the Community Development nom= Director along with the fee established by the City Council. If property that is the subject of an application is in more than one ownership, all the owners shall join in filing the application. The request should clearly set forth the reason for which the request is made and should contain information substantiating the need. Exception Pursuant to Section 8 of City Council Resolution No. 2006 -76, errors of fact, language consistency between elements and policies, calculations and /or scribe's errors in the General Plan text, exhibits, figures and plan map may be corrected without further amendment. All revisions made pursuant to Section 8 shall be reported to Planning Commission for affirmation. 2 0c Adopted - April 22,1974 Amended - June 23,1980 Amended - November 23,1981 Amended - November 22,1982 Amended - November 27,1989 Amended - January 24,1994 Amended - February 26,1996 Amended - May 8, 2001 Amended - April 13, 2004 Amended - August 11, 2009 Formerly Q -1 K -1 101 ma K -2 PLACES OF HISTORICAL AND ARCHITECTURAL SIGNIFICANCE The City Council may designate as historical property any building or part thereof, object, structure, monument, or collection thereof having importance to the history or architecture of the City of Newport Beach in accordance with the criteria set forth below. The City Clerk shall maintain a register, which shall be known as the City of Newport Beach Register of Historical Property. The City Council may at any time repeal, revise or modify any such designation upon reconsideration of the historical or architectural importance of the places therein described. A. Criteria for Selection. 1. Property may be designated as historical property if it meets any of the following standards of architectural significance: a. Structures or areas that embody distinguishing characteristics of an architectural style, period, or method of construction, or of architectural development with the City. b. Notable works of a master builder, designer, or architect whose style influenced the City's architectural development, or structures showing the evolution of an architect's style. C. Rare structures displaying a building type, design, or indigenous building form. d. Structures which embody special architectural and design features. e. Outstanding examples of structures displaying original architectural integrity, structurally or stylistically, or both. f. Unique structures or places that act as focal or pivotal points important as a key to the character or visual quality of an area. 2. Property may be designated as historical property if it meets any of the following standards of historical significance. 1 [Oq K -2 a. Sites and structures connected with events significant in the economic, cultural, political, social, or civic history of the City of Newport Beach, the County of Orange, the State of California, or the United States of America. b. Structures or areas identified with the lives of historical personages of the City of Newport Beach, the County of Orange, the State of California, or the United States of America. C. Sites and groups of structures representing historical development patterns, including, but not limited to, urbanization patterns, railroads, agricultural settlements, and canals. B. Classification. Historical property shall be categorized in relation to their significance and condition in the Newport Beach Register of Historical Property under the following hierarchical classification system: Class 1. Major Historic Landmark. A building, structure, object, site, or natural feature of major historical significance. The property exemplifies historic/ architectural themes of local and statewide importance and serves as a significant part of the heritage of Newport Beach. Class 2. Historic Landmark. A building, structure, object, site, or natural feature of historical significance. The property is representative of historic /architectural themes of local and statewide importance and serves as a physical link to the historical past of Newport Beach. Class 3. Local Historic Site. A building, structure, object, site, or natural feature of local significance only. The property is representative of historic/ architectural themes of local importance. Class 4. Structure of Historic Interest. A building, structure, object, site, or natural feature that has been altered to the extent that the historic/ architectural integrity has been substantially compromised but is still worthy of recognition. 2 (10 K -2 Class 5. Point of Historic Interest. A site of a building, structure, or object that no longer exists, but is associated with historic events or persons, or architecturally significant structures. C. Application of State Historical Building Code. Any building or structure rated as Class 1, 2, 3 or 4 in the Newport Beach Register of Historical Property shall be deemed a "qualified historical building or structure" for purposes of applying the State Historical Building Code, as set forth in Part 2.7 (commencing with section 189050) of Division 13 of the Health and Safety Code of the State of California and Part 8 of Title 24 of the California Administrative Code. The P- irector of the, Building Dee rtmenthuilding Official may apply the said State Historical Building Code to any such building or structure, providing, however, that the highest standards of structural and fire safety are maintained. Class 5 properties shall be listed in the Newport Beach Register of Historical Property for recognition purposes only. D. Procedures. 1. The owner of any structure who desires that such structure be included in the Register shall make application to the City Council in form prescribed by the City Manager stating the characteristics of such structure in terms of the criteria outlined above. The City Manager shall submit applications to the Parks, Beaches, and Recreation Commission, the Arts Commission, and the Newport Beach Historical Society for review and recommenda- tion before submitting such application to the City Council for consideration. The City Council shall consider all recommendations before making its determination. 2. The City Council, itself or on the recommendation of the Parks, Beaches and Recreation Commission, the Arts Commission, or the Newport Beach Historical Society, may initiate submission of an application for designation of a structure or site as a historic property. In either case, planning staff shall prepare an application for the property, seek the consent of the property owner(s), and refer the application to the City Manager for review and City Council consideration as described above. If the consent of the property owner(s) can not be obtained, staff will notify the City Council of the reasons, withdraw the application, and seek City Council direction on further negotiations, if any. 3 K -2 E. Incentives for Preservation. The City Council shall consider granting reductions or waivers of applications fees, permit fees, and /or any liens placed by the City to properties listed in the Newport Beach Register of Historical Property in exchange for preservation easements. Adopted - May 28,1985 Amended - January 24,1994 Amended - January 25,1999 Formerly A -15 F I p- 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 California Environmental Quality Act, as amended. These implementation procedures are intended to satisfy the requirements of Sec. 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. 3. All definitions contained in CEQA and the Guidelines shall also apply to this policy statement. C. General Policies. The following general policies shall apply: 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. 1 S K -3 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 Sec. 15378, and activities that are "Ministerial" as defined in Guidelines Sec. 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 2 11 �1 K -3 An activity that may generate substantial public health impacts, such as noise, odors, or toxic materials 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 ommunity Development Director 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 Ping P4eeterCommunit3: Development Director 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 Sec. 15260 et seq. of the Guidelines do not require further environmental review. b. Categorical Exemptions. The various classes of categorical exemptions are contained in Section 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 Planfting Community Development Director 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. 3 115 K -3 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 Sec. 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 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: L 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 Plaig inn Pireet^r-Community Development Director 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 decision - making body. Notice of Exemption. After approval of a project that was found to be exempt, the r"^ ^ ^ia^ TMr^^t^FCommunity 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 Pla - a=ar"g Direet&FC: m unity 4 11 K -3 Development Director 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 Planning Pireet^rCommunity Development Director 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. Determining Significant Effects. In determining whether or not 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 or not 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 ni. ..iron Taireeter Community Development Director shall determine whether a Negative Declaration or EIR should be prepared, as provided by Sec. 15063(b) of the Guidelines. 4. Negative Declarations. As provided in Section 15070 of the Guidelines, the PlarniR BireeterCommunity Development Director 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 5 M K -3 b. The Initial Study identifies potentially significant effects, but: 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 Plapataing DireeterCommunity Development Director shall provide notice of a Negative Declaration as required by Sec. 15072 of the Guidelines. 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 Plapaiing TMr^^*^rCommunity Development Director for consideration by the decision - making body. Notice of Determination. Within 5 working days following approval of a project for which a Negative Declaration was prepared, the Planning Director-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 Play iron r,_,.ee _- rbmmunity Development Director shall either prepare a Draft EIR or use a previously certified EIR which the Plan_dng Pir ~Community Development Director determines would adequately analyze the project. Applicant's Responsibilities. The applicant shall submit all information determined by the Planning PireeterCommunity Development Director to be necessary for the preparation of the EIR. In addition, when consultant 6 l i z I3e] 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 Planpdng Pirectercommunity Development Director shall prepare and distribute a Notice of Preparation as provided by Sec. 15082 of the Guidelines. The NOP shall be reviewed by the Environmental Quality Affairs Committee pursuant to City Council Resolution No. 98 -17. Screencheck Draft EIR. If a consultant is retained to assist the City in preparing a Draft EIR, the Planfdng DireEtEwCommuni!y Development Director 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 P21anrdng Dir-eetsrCommunity Development Director shall prepare and distribute a Notice of Completion as provided by Sec. 15085 of the Guidelines. Copies of the NOC and Draft EIR shall —mU also be provided to the Environmental Quality Affairs Committee for their review pursuant to City Council Resolution No. 98 -17. Final EIR. After completion of the Draft EIR public review period the Plap&dRg P4ec-terCommunity Development Director shall prepare a Final EIR as provided by Sec. 15089 of the Guidelines. Action by the Decision - Making Body. Prior to approval of any project for which an EIR was prepared, the Final EIR shall be certified as provided by Guidelines Sec. 15090 and appropriate findings as required by Sec. 15091, 15092 and 15093 shall be prepared by the T"^^ -:ng DiT-ee,efcommunity Development Director for consideration by the decision - making body. Notice of Determination. Within 5 working days following approval of a project for which an EIR was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines. 101 K -3 E. Consultant Assistance. When the Plafffiing Pireeter-Community Development Director 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 Planndng PirecterCommunity Development Director shall maintain a list of consultants having a sufficient variety of expertise to assist the Plafffdng D4eeterCommunity Development Director 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 PlapawdRg r_1ire *_ ^rCommunity 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 Plannin DireeterCommunity Development Director or requested by the applicant that proposals should be solicited from more than one consultant, the Planning ri;,.,,, teT-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 Planning PireeterCommunity 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 P'^^Ri^^ Pireetergg mlunity Development Director. 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 Plata^ ng PireeterCommunity Development Director. After receipt of the applicant's deposit the 8 1�0 K -3 Flanndng 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 Planning PreeterCommunity Development Director 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 reasonable attorney's fees. G. Authority of the P1aF&dng Dif eEterCommunity Development Director. The eeterCommunity Development Director 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 PlanRin DireeterCommunity Development Director shall have authority for the following actions: C 1a1 K -3 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. 4. Preparing and posting proposed Negative Declarations. 5. 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. 6. Preparing responses to comments on Negative Declarations and EIRs. 7. Preparing draft findings, resolutions and mitigation monitoring programs for consideration by decision- making bodies. 8. 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. 9. Reviewing and commenting on Negative Declarations, Notices of Preparation, Draft EIRs, or other environmental documents prepared by other agencies. 10. Developing administrative procedures for implementation of CEQA and these policies. 11. 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 - August 8,1977 Amended - May 22,1978 Amended - June 25,1979 Amended - June 9,1980 IN Amended - June 10, 1974 Amended - May 27,1975 Amended - May 10, 1976 Amended - May 23,1977 Amended - January 26,1987 Amended - October 26,1987 Amended - January 24,1994 Amended - March 22,1999 Amended - April 13, 2004 K -3 11 ,.'3 IM PALEONTOLOGICAL GUIDELINES GENERAL POLICY K -4 The policies set forth below shall be used to guide the development or redevelopment of lands within the City: A. The City shall, through its planning policies and permit conditions, ensure the preservation of paleontological resources and require that the impact caused by any development be mitigated in accordance with the California Environmental Quality Act. B. The City shall prepare and maintain sources of information regarding paleontological sites and the names and addresses of responsible organizations and qualified individuals who can analyze, classify, record, and preserve paleontological findings. C. If determined to be necessary by the I' in ommunity Development Director, it shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site to be examined to determine the existence and extent of paleontological resources. The examination shall be by qualified observers, approved by the City. The observers shall prepare and submit to the City a written report describing findings and making recommendations for further action. The report shall discuss both positive and negative aspects of the effects of the proposed development on paleontological resources. The report shall be considered as part of the CEQA review process and, if appropriate, the recommendations shall be included as mitigation measures and conditions of approval for the project. D. Based on the report and recommendations of the observers, the City shall take such steps as are necessary to assure that any findings or sites are recorded, preserved and protected. These steps may include requiring the landowner or developers to incur reasonable expenditures of time or money, encouraging the involvement of appropriate volunteer or non - profit organizations or acquisition of the sites by public or private agencies. Provision shall be made for the deposit of scientifically valuable paleontological materials which are removed from the site with responsible public or private institutions. In all cases, the City shall seek responsible scientific advice and make the necessary decisions consistent with the public interest. 1 gas K -4 PROCEDURES The following procedures shall be used in examining and reporting on possible paleontological sites. A. The site examination shall consist of: 1. A walk -over site survey. 2. A review of publications and reports on the geology or paleontology of the area. 3. Analysis of all available soils information. 4. Examination of the relationship of the proposed development site to known or potential fossil producing areas identified in available records. B. Prior to the commencement of any land alterations, the PlanaiRffCommunity Development Director shall determine whether a pre - grading conference is required. This determination shall be based on an analysis of the potential of a paleontological discovery occurring as follows: 1. If the PlanniagCommunity Development Director determines that it is unlikely that any paleontological discovery would occur, a pre - grading conference may be waived. 2. Otherwise, the pre - grading conference shall be required. C. During the pre - grading conference, the PlanRiiagCommunity Development Director shall ensure the following: 1. That a responsible organization, e.g., the Natural History Foundation of Orange County, is notified and that a qualified representative is authorized to participate in the conference. 2. That the grading schedule provides for identification and avoidance of resource discoveries to allow their immediate recovery. 2 I �(r K -4 3. That a qualified observer or collector is available to monitor the site during grading operations. Any observer included on the County of Orange list of certified paleontologists will be considered to be qualified. 4. That a copy of the grading schedule is available to the appropriate parties, including the on -site observer. 5. That the observer has adequate authority to institute temporary delays or alterations in the grading schedule to allow collection of paleontological material. 6. That the grading contractor clearly understands the observer's role and authority. 7. That the responsible parties are notified and ready on a 24 -hour notice to respond if a resource discovery is uncovered. 8. That adequate insurance has been provided for protection of the observer, the property owner, and the developer. 9. That, in the event any paleontological materials having scientific value are discovered, reasonable provisions are made for extraction and preservation. Adopted - August 26,1974 Amended - January 24,1994 Corrected (Administratively) - March 22,1999 Formerly K -5 3 �' 7 ARCHAEOLOGICAL GUIDELINES GENERAL POLICY K -5 The policies set forth below shall be used to guide the development or redevelopment of lands within the City: A. The City shall, through its planning policies and permit conditions, insure ensure the preservation of significant archaeological resources and require that the impact caused by any development be mitigated in accordance with the California Environmental Quality Act CE A . B. The City shall prepare and maintain sources of information regarding archaeological sites and the names and addresses of responsible organizations and qualified individuals who can analyze, classify, record, and preserve archaeological findings. C. If determined to be necessary by the Community Development Director, it shall be the responsibility of a landowner or developer prior to the commencement of land development to cause the proposed site to be examined to determine the existence and extent of archaeological resources. The examination shall be by qualified observers, approved by the City. The observers shall prepare and submit to the City a written report describing findings and making recommendations for further action. The report shall discuss both positive and negative aspects of the effects of the proposed development on archaeological resources. The report shall be considered as part of the CEQA review process and, if appropriate, the recommendations shall be included as mitigation measures and conditions of approval for the project. D. Based on the report and recommendations of the observers, the City shall take such steps as are necessary to assure that any findings or sites are recorded, preserved and protected. These steps may include requiring the landowner or developers to incur reasonable expenditures of time or money, encouraging the involvement of appropriate volunteer or non - profit organizations or acquisition of the sites by public or private agencies. Provision shall be made for the deposit of scientifically valuable archaeological materials which are removed from the site with responsible public or private institutions. In all cases, the City shall seek responsible scientific advice and make the necessary decisions consistent with the public interest. 1 19 K -5 PROCEDURES The following procedures shall be used in examining and reporting on possible archaeological sites. If determined to be necessary by the 12laFffingC2mmunity Development Director, there shall be a walk -over site survey and, if warranted, a pregrading conference prior to the commencement of any land alterations. A. Procedures and Findings. 1. Records. Demonstration shall be made that a records check was completed and the results stated in the text of the final report. 2. Background. Background information shall be provided summarizing the significance of scientific, cultural and historical perspectives to the project area. Sources must be referenced. 3. On -Site Survey. The following descriptions shall be made in sufficient detail to allow verification of work: a. Methods of reconnaissance: i. surface ii. sub - surface b. A list of personnel and affiliation C. Date and location of research d. Condition of area surveyed which may have effect on archaeological .findings e. Observations and data - description of archaeological resources found f. Location of material and data collected g. Notification of professionals in related disciplines where necessary, such as historians and paleontologists 2 r", 4. Evaluation of impact (direct and indirect): a. Description of impacts b. Significance of impacts B. Development Alternatives. 1. Methods to achieve site preservation. a. Revision of construction or development plans in the event of exceptional site, worthy of preservation and /or nomination to the National Registry (Historic Preservation Act of 1966). b. In the event that development ensues in areas adjoining the site that would involve potential impact by virtue of this proximity, steps should be taken to: i. protect the site by adequate means, such as fencing or other approved measures ii. stabilize where indicated iii. restore damage occurring as a result of proximity of the source of impact C. Restoration where applicable 2. Archaeological excavation. a. Full- scale, research - oriented excavation, properly planned and organized, adequately funded, and with sufficient time, is the preferred method of partial mitigation. The consultant's proposal to the City, included in the EIR, should contain, in detail, costs, procedures, time required and a statement of the importance of the work to be performed. This proposal may then be included in a conditional permit or be required prior to the issuance of a permit. 3 I� K -5 b. Emergency salvage excavation is the least preferred method of partial mitigation. The result of poor planning, salvage techniques of excavation constitute an adverse impact or archaeological resources and represent the irreplaceable loss of a site. 3. Qualification of Consultants. Provisional to professional licensing, minimum qualifications for consulting archaeologists shall be satisfied by their listing in the Directory of Archaeological Consultants, available from the Society for California Archaeology, or the list of certified archaeologists maintained by the County of Orange. Verification regarding qualifications shall be made by the Plannin �CommuniV Development Director. Adopted -January 13, 1975 Amended - January 24,1994 Corrected (Administratively) - March 22,1999 Formerly K -6 n DETERMINATION OF CONVENIENCE AND NECESSITY FOR ALCOHOLIC BEVERAGE OUTLETS PURPOSE K -7 This Policy grants to the Police Department the authority to make determinations of convenience and necessity for the sale of alcoholic beverages, and provides criteria for situations when the public convenience and necessity will not be served by granting additional retail licenses for the sale of alcoholic beverages. BACKGROUND The Business and Professions Code of the State of California, Section 23958.4 permits the City of Newport Beach under certain conditions to make a determination regarding the public convenience or necessity of granting or transferring retail licenses for the sale of alcoholic beverages. Pursuant to this law, such determination by the City will be required by the State Department of Alcoholic Beverage Control before approving any new or upgraded license or premises -to- premises transfer of an existing license when the establishment is located in either one of the following: A. A census tract wherein the ratio of liquor licenses to population exceeds the average ratio of Orange County. B. When an establishment is located in a Newport Beach Police reporting district where crime exceeds the average of all reporting districts by 20% or more. If an applicant establishment for an off -sale beer and wine license is located within 100 feet of an adjacent Newport Beach reporting district, the crime rate of the adjacent reporting district may be considered when making this determination. DEFINITIONS Bars and Cocktail Lounges. Establishments with the principal purpose to sell or serve alcoholic beverages for consumption on the premises or any establishment having any of the following characteristics: A. Is licensed as a "public premises' by the Department of Alcoholic Beverage Control, or 1 1 �71 K -7 B. Provides an area for serving alcoholic beverages that is operated during hours not corresponding to regular meal service hours. Food products sold or served incidentally to the sale or service of alcoholic beverages shall not be deemed as constituting regular meal service. Cabarets and nightclubs. Establishments with the principal purpose of providing live entertainment and/or dancing occupying more than 20 percent of the net public area in conjunction with the serving of food and /or beverages. Alcholic Beveral Outlet, On -Sale. "On -sale alcoholic beverage outlet" means any establishment wherein alcoholic beverages are sold, served, or given away for consumption on the premises and which is applying for or has obtained an ABC license type 40, 41, 42, 47, 48, 51, 61, 63 and /or 75. POLICY It is the policy of the City Council that the public convenience and necessity will not be served by the approval of any new or upgraded license or the premises -to- premises transfer of any license for bars and cocktail lounges or cabarets and nightclubs in a location that meets the following criteria. A. The location is within an area where the number of crimes is at least 75% higher than the average of all reporting districts in the City; and B. The location is within 200 feet of a property in residential use. The provisions of this Policy shall not prevent the Chief of Police from making a determination of public convenience and necessity in the case of a premises to premises transfer of any license from (1) a location within an area where the number of crimes is at least 75% higher than the average of all reporting districts to an area where the number of crimes is less than 75% higher than the average of all reporting districts; or (2) a location within 200 feet of a property in residential use to a location more than 200 feet from a property in residential use. The provisions of this policy shall not apply to transfers that are the result or the death or incapacity of the licensee, any order of a court of competent jurisdiction, or the operation of law. The City Council designates the Chief of Police or his /her designee to make such determination in all other cases. VA K -7 The Chief of Police shall notify the Department of Alcoholic Beverage and Control and applicant of his /her determination within the time period specified by the Business and Professions Code. Any applicant not satisfied with the determination of the Chief of Police may appeal to the City Council by filing a written appeal with the City Clerk within fourteen (14) days. The City Council shall render its decision within thirty (30) days after the filing of an appeal. The Community Development P ing-Department shall assist the Police Department in maintaining the census tract and reporting district statistics required to make such determination. Further, the Community Development Department -Planning and Buj4ding Pelg,,.,-ments_ shall, prior to issuing any Planning or Building permit for the construction, remodeling or operation of a bar, cocktail lounge, cabaret, nightclub or retail business engaging in the sale of alcoholic beverages, first obtain a determination of convenience and necessity from the Police Department, if it is required. The Administrative Services Department shall, prior to issuing any Business License for the operation of a bar, theater/ nightclub or retail business engaging in the sale of alcoholic beverages, ensure that the applicant has obtained a determination of convenience and necessity from the Police Department consistent with the provisions of this policy and State law. The City Clerk shall insure that this Policy, as amended, is transmitted to the appropriate official in the Department of Alcoholic Beverage Control as the notification of delegation of authority to make a determination of convenience and necessity pursuant to the California Business and Professions Code. Adopted - May 8,1995 Amended - February 24,1997 Amended - April 23, 2002 3 j r� f .J 13 (:� SEASHORE OCEANFRONT COMPREHENSIVE PLAN PURPOSE 1863 This Policy memorializes the recommendations of the Seashore- Oceanfront Comprehensive Plan conducted between August 1992 and December 1994. This Policy sets forth ongoing administrative actions not only to maintain the improvements made during the plan process but also to seek further improvement to the area. THE PLAN PROCESS The Comprehensive Plan was developed in accordance with a work program approved by the City Council in August 1992. An Executive Steering Committee supervised an extensive process including nearly every City department and which included public surveys, town hall meetings, brainstorming sessions, goal setting, staff research/ analysis, alternative selection, recommendations, approvals and implementation. PROBLEM DEFINITION The work program for the comprehensive plan included the following introductory paragraph: "Prompted by overcrowding and lawlessness during holiday weekends, the City desires to address a wide range of year long problems occurring in the West Newport area along the oceanfront. Widely known as a haven for young people to congregate, the area is becoming increasingly raucous and dangerous. Municipal services, particularly Public Safety and General Services, devoted to the area are becoming increasingly expensive and burdensome to the detriment of the remainder of the community." To more specifically define problems, a series of questionnaires, community forums and Executive Steering Committee meetings were conducted. The overwhelming problem measured by both the number and intensity of responses was noise, including loud parties, skateboarders, traffic, loud music, motorcycles, car radios and similar items often associated with a congested beach area. 1 �� icsl The second most often cited problem was congestion, related to automobile traffic, automobile parking and the mixture of pedestrian/bicycle /skateboarders/ rollerbladers on Seashore Drive. The narrow streets and alleys are overburdened by the demands of residents, tourists and passersby. The last major problem related to the cleanliness and the general repair of the area, including trash cans, building repair, debris in yards and miscellaneous street, sidewalk, drainage, curb and gutter repairs. While many incidental problems were discovered during the process, those described above represent the major items selected for attention. GOAL SETTING Based on the problems outlined above, the Executive Steering Committee using the public participation process, arrived at the following three goals: Quiet the party atmosphere Relieve congestion Clean and repair SELECTION OF ALTERNATIVES Guided by the goals, residents of the area, City staff and the Executive Steering Committee engaged in extensive brainstorming to derive every possible means of achieving the goals. Every alternative regardless of who suggested it or what it involved was analyzed by staff and the Executive Steering Committee for a variety of factors including cost, legality, practicality and potential results. From the master list the alternatives described in the next section were chosen for implementation. ONGOING ADMINISTRATIVE RESPONSIBILITIES It is the policy of the City Council not only to maintain the improvements occasioned by the Plan but also to seek continual improvement to the Seashore - Oceanfront area. Accordingly, the City Manager shall direct the activities of City staff to perform the following: 2 1,'�$ rpAlIn A. General and Administrative. Maintain in the City's files the chronology and history of the Seashore - Oceanfront Comprehensive Plan. Periodically review the progress and status of the improvement programs in the area. B. Police Activities. Continue the community oriented and problem oriented policing programs in the West Newport area. Continue the high level of police presence in the area including bicycle and pedestrian patrols. Continue the Neighborhood Watch and Community Pride programs in the area. Continue strict enforcement and recommend changes as necessary to the new noise and party control ordinances. Continue July 4th deployment to control riotous conditions and pursue additional solutions to minimize the need for massive deployment. Continue enforcement of scavenging laws to minimize the strewing of refuse in search for recyclables. Pursue additional policing activities to improve the livability of the area. C. Revenue/ Licensing Activities. Continue strict compliance with the new Short Term Lodging ordinance. Continue to work with rental agents and landlords through the license renewal process to remind them about the noise and other issues in the neighborhood. D. General Services Activities. Continue summertime twice per week trash pickup and bulky item pickup as budgetary considerations permit. 3 i 19 IM:3 Continue a high level of street sweeping in the area. Continue to enforce all refuse container ordinances as staffing permits. Continue to coordinate the July 4th barrier installations. Pursue the establishment of adopt -a- street programs among residents. E. Planning Activities. Continue to promote owner occupancy by processing condominium conversion applications under the new ordinance. Pursue hiring or retaining of personnel to serve as a Code Enforcement Officer to enforce planning, building, trash and property improvement ordinances. Pursue zoning amendments, density bonuses and other means to promote owner occupancy. Pursue retraining a staff member to become qualified in the newly recognized field of neighborhood planning. F. Public Works and Traffic Activities. Continue improvement and landscaping of street ends. Continue activities to underground utilities. Pursue curb and gutter, landscape and other streetscape improvements in the area. Pursue traffic and bicycle measures on Seashore Drive to increase safety, reduce liability and relieve congestion. Pursue solutions to parking problems such as resident permits and meters. Adopted - May 8,1995 Amended - March 9,1998 0 W CODEENFORCEMENT PURPOSE F d•J The City of Newport Beach devotes substantial resources to the enforcement of its Ordinances. The City's Ordinances are intended to protect and preserve public health and safety, the charm of our residential neighborhoods, and the overall quality of life enjoyed by Newport Beach residents. The City Council understands the importance of enforcing our Ordinances and is committed to doing so. However, enforcement of these Ordinances affects the rights of citizens who are the subject of complaints or enforcement actions. Accordingly, the City Council directs that all code enforcement activity shall be conducted in accordance with the following: A. The City may initiate a formal code enforcement action based on any of the following: An enforcement officer's observation, • written complaint; • complaint from an individual that an enforcement officer deems reliable. B. Requests for inspections of private property not open to the general public or not visible from adjoining public or private property shall not be made unless there is sufficient evidence to support the issuance of an inspection warrant for the property that is the subject of the request; C. Written code enforcement complaints shall identify the complainant, specific facts, acts, or events and occurrences which establish the violation and describe any documentation which would establish a violation or is otherwise required by law; D. The City considers code enforcement complaints to be confidential. The City will use its best efforts to preserve the confidentiality of any complaint with the understanding that the City will be required to disclose the identity of the complainant to the extent required by law; E. All code enforcement activities, including investigative property inspections, requests for consent to inspect, and related activities shall be conducted such that the civil rights of the individual or individuals who are the subject of the investigation are fully protected; 1 LI F. The City Council believes that nuisance -type violations (such as noise, trash violations, fire hazards, unlawful encroachments, unruly conduct, and more) and Building Code violations like illegal construction and illegal dwelling units significantly and adversely impact a neighborhood's ability to quietly enjoy their community. As such, Code Enforcement Officers are encouraged to pursue violations aggressively with limited grace periods for compliance, limited use of authorization of additional time after a grace period closes, and full and prompt use of the Newport Beach Municipal Code's monetary fine and civil and criminal penalty authorizations; and G. The provisions of this Policy do not apply to inspections of property requested by the owner or to inspections conducted by the Building Division LDepaA+ReRt- personnel pursuant to construction being conducted, which is authorized, pursuant to an active permit issued by the Building Division Department_. Adopted - June 26,1995 Amended - October 10, 2006 Amended - July 10, 2007 2 ECONOMIC DEVELOPMENT POLICY PURPOSE K -10 The City Council recognizes that the City's ability to deliver quality municipal services is dependent on adequate tax revenues derived primarily from the properties and businesses located within the City. — Healthy, thriving businesses not only increase property, sales and bed taxes, but they also provide employment opportunities that support local businesses and the strong residential property values that Newport Beach enjoys. The City Council seeks to promote economic prosperity and growth within the City to maintain and enhance a healthy economy, provide revenues for high quality municipal services, and infrastructure maintenance and improvements, and preserve the unique commercial villages in Newport Beach. All of these objectives serve the overriding purpose of protecting the quality of life of Newport Beach residents, and the City Council recognizes the need to balance economic development objectives with protection of the environment and the health and safety of the community. IM3 K -10 z a ��.is iicau- ncte•R�1. E"i_haneement and- R- cciZZZrcieRt oG _ !�4 �llER4f • �J _ 1A7- f7ASlRSf��T 1. -- I40 -Vi O O J ltrgdaes,t-ealrbe" •mot,•,,••+,••, of sefyiee in all Speets- E±- C-}fy- sel ?k-iiceS: -2 Utili e eMile,'•,•^•� .1-c1! -- rcd —`ata�a;YAiiib�93i�2'rl: -fAi' li�1S1�`r'ic'- �us'c's POLICY IMPLEMENTATION This Policy shall be implemented by the City Manager with an. annual update to the City Council is to the outcomes and progress of the City's economic development 2 I N K -10 strategic initiatives. The City Manager shall provide an effective and efficient structure for implementing economic programs, utilizing staffing or consulting services in support of annual key directives from the ON Council. City - --- K;.�y-sta€f e z a- _a Adopted - March 22,1993 Amended - January 24,1994 Amended - May 8, 2001 Amended - June 10, 2008 Formerly F -28, F -17 3 V15 iu� TEMPORARY SIGNAGE FOR CITY - SPONSORED, CO- SPONSORED OR FOR NON - PROFIT AND CHARITABLE ORGANIZATIONS AND EVENTS PURPOSE K -11 The purpose of this policy is to establish definitive standards and to set forth City policy concerning the administration, control and placement of temporary oft -site and on -site signs, which recognize City- sponsored, co- sponsored or charitable organizations and events at various locations or facilities within our community. It is not the desire of the City Council to promote a facility, event, or activity that is not located within the community. The Zoning Code all& s Rrgji bits off-site-signs with off -site ip,,a7-commercial messages in all zoning districts. McElifie tie Perm:t..,.,.,.ess It is the desire of the City Council, however, . to obviate that process by recognizing and allowing the use of temporary off -site and temporary on -site banners for appropriate organizations and their activities. In cases involving City- sponsored, co- sponsored or charitable organizations there is a need to allow for the placement of temporary off -site or on -site banners. Therefore, if a nexus exists between the location of the event or facility and the location of the off -site or on -site sign, then it would be the City Council's desire to allow such off -site or on -site signage with- through the €iii securing and approval of a temporary sign permit. IMM014M It is the policy of the City Council to allow temporary off -site or on -site signage on public property for City- sponsored, co- sponsored or charitable organizations and events at various locations or facilities within the community subject to the following standards: The size of the sign shall not exceed 100 square feet in area. a The temporary sign shall be allowed to remain in place for a period not to exceed 90 days. o One temporary sign per site shall be allowed. ® The event being promoted shall be for an event within the City of Newport Beach. 1�1 K -11 Signs shall not be placed within the City by out -of -area promoters or by any other organization, charitable or other otherwise, without first having obtained a Temporary Sign Permit. Additionally, no person shall place, maintain, or display upon or in view of any highway or street any unofficial sign, signal or device or any sign, signal or device which purports to be or is an imitation of, or resembles, an official traffic sign or signal or which attempts to direct the movement of traffic or which hides from view any official traffic sign or signal. Also, no sign shall be installed that blocks or obstructs from view any traffic safety /control signs. Note: Any temporary sign for a charitable or non - profit organization located on Newport -Mesa Unified School District property shall be exempt from these restrictions. Adopted - April 23, 2002 W II PROTECTION OF WATER QUALITY: DRAINAGE - PUBLIC RIGHTS -OF -WAY IrallRrkclM UdiE:, This policy, along with Policy L -22 (Water Quality Management Plans), is intended to minimize dry- weather runoff and runoff from small rain events (collectively referred to as "runoff" in this Policy) in an effort to improve water quality of Newport Bay, water quality- limited receiving waters (like Buck Gully) and the near -shore ocean environment. The motivation for this Policy, in addition to the community's interest in clean water, is in part the adoption of regulations upon the City of Newport Beach by the California Regional Water Quality Control Board, Santa Ana Region ( "Regional Board ") contained in the Regional Board's Order Order * ns -2002 900 NPDES No. CAS618030. FINDING Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and washdowns of hardscape areas contribute flow to the street drainage systems and natural watercourses which then convey pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into surface waters. POLICY Whenever possible, runoff should be retained on private property to prevent the transport of these pollutants in the manner described below. Reduction, retention or diversion of runoff can benefit property owners through water conservation and reuse of water that would otherwise drain to the City's street drainage system and our harbors, bays, and ocean. A. Curb Drains. Curb drains have been utilized as a means of draining sump areas and roof drains within a property by conveying flows via subsurface piping systems to the curb gutter. Curb drains typically convey runoff directly to the City's street drainage system without the benefit of absorption by permeable surfaces and natural treatments such as landscaped areas and planters. Whenever possible, runoff shall be diverted through planted areas or sumps that recharge the groundwater -des. The use of permeable surfaces affords the opportunity to use the natural filtration properties of the earth to prevent the 1 q" I L -18 transport of harmful materials- pollutants directly to our water resources. The use of curb drains to drain private residential and commercial property shall only be permitted as follows: 1. New Development/ Redevelopment - see Policy L -22. 2. Reconstruction or Grading of Existing Properties - The grading/ drainage for additions and /or modifications to existing properties including the construction of patios, decks; roof drains, downspouts, gutters or substantial grading remodel (grading affecting over 50% of the existing yard/ setback areas that alter existing drainage patterns) shall be designed to retain and /or direct urban runoff into planted/ permeable areas. Curb drains and subsurface piping shall be permitted for secondary or overflow of hardscape or planted areas to prevent dwellings from flooding due to significant (defined for this Policy as more than 3/4" of rain in any 24- hour period) storm events only. Curb drains may be permitted to correct existing drainage problems on a case -by -case basis after all reasonable alternatives are explored. Curb drains, when approved, shall have a French drain system of perforated pipe and gravel unless site - specific circumstances endanger public safety so as to prohibit its use as determined by the Public Works Director. B. Parkway permeability. The City's parkway areas represent the last opportunity to retain and allow urban runoff to percolate into the earth before entering the City's street drainage system. Non - sidewalk areas within the City's parkway areas (defined as the area between the curb and the street right of way /property line) shall utilize permeable surfaces that permit the percolation of urban runoff. Non - permeable parkway surfacing within the area between the street curb and sidewalk for decorative (non - pedestrian) purposes, installed at grade, not to exceed 25% of the parkway area (between back of curb and sidewalk) less driveways and c�arr-iage -walk& -when installed in conjunction with landscaping, irrigation, and street trees is permitted in accordance with Council Policy L -6. Decorative materials include colored, stamped, and patterned concrete; brick, pavers, and stone masonry, pavers, flat stone, and brick set in sand; and other materials as approved by the Public Works Department. C. Down Slope Drains. Wherever practical, private property drainage shall be diverted away from bluffs or steep slopes (2:1 slopes or greater). The design shall include: 2 11�V I@ L -18 Hydrological and hydraulic calculations in conformance with the latest edition of the Orange County Drainage Design Manual; 2. Subsurface piping system utilizing approved piping materials which incorporate sealed joints; The drainage system shall have a French drain system of perforated pipe and gravel 4y well or similar device to percolate low flow urban runoff unless site - specific circumstances endanger public safety or improvements so as to prohibit its use as determined by the Public Works Director and/or the project soils engineer does not allow percolation; and 5-4. Any permitted flow shall not create continuous standing water within City street gutters; pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. The property owner will accept responsibility to maintain the slope drainage facility and will execute a non - standard permit agreement with the City. The City reserves the right to revoke this agreement at any time for non - compliance. Sump Pump discharges into the public right of way. Permanent sump pump discharges shall be permitted as follows: Permitted sump pump discharges shall be filtered and piped directly to the City' storm drain syste 'enever giat preposed dscharge within _501, ^F^r-l^g a -^ Connections to the city's storm drain shall be in accordance with City standards and executed under a valid encroachment permit from the Public Works Department. 2. The permittee and the City have agreement which authorizes the City non - compliance. executed a non - standard permit to revoke the permit at any time for ICI e- 5-4. Any permitted flow shall not create continuous standing water within City street gutters; pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. The property owner will accept responsibility to maintain the slope drainage facility and will execute a non - standard permit agreement with the City. The City reserves the right to revoke this agreement at any time for non - compliance. Sump Pump discharges into the public right of way. Permanent sump pump discharges shall be permitted as follows: Permitted sump pump discharges shall be filtered and piped directly to the City' storm drain syste 'enever giat preposed dscharge within _501, ^F^r-l^g a -^ Connections to the city's storm drain shall be in accordance with City standards and executed under a valid encroachment permit from the Public Works Department. 2. The permittee and the City have agreement which authorizes the City non - compliance. executed a non - standard permit to revoke the permit at any time for ICI L -18 3. Discharges from permanently installed sump pumps of basement garage spaces (areas with motor vehicle storage) shall not be permitted within the public right of way. 4. Storage areas and living areas below natural grade as permitted by the Building Depa37-tr wfft -- ivision may discharge sump pump flow into the City's street drainage system provided that: e The property owner show evidence of all approved permits as required by the Regional Water Quality Control Board and other jurisdictional agencies; o The discharge flow must not be continuous and be shown to be less than five (5) gallons per day; and ® The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth. E. Construction Dewatering. Construction dewatering as permitted by the Building Department Division may discharge pump flow into the City's street drainage system provided that: m The property owner show evidence of all approved permits as required by the California — Regional Water- Qualit- y CePAT -^' Board and other jurisdictional agencies; o The permitted flow shall not create continuous standing water within City street gutters, pose a hazard to safe motor vehicle or pedestrian use, or create a nuisance such as odor or algae growth, and o An encroachment permit leis executed in accordance with City Council Policy L -6, including authorization for the City to revoke this permit at any time for non - compliance. Adopted - April 23, 2002 Revised - September 1.3, 2011 0 I5a- PROTECTION OF WATER QUALITY: WATER QUALITY MANAGEMENT PLANS FOR NEW DEVELOPMENT AND REDEVELOPMENT PURPOSE 111VA This policy, along with Policy L -18, is intended to minimize dry- weather runoff and runoff from small rain events (collectively referred to as "runoff" in this Policy) in an effort to improve water quality of Newport Bay, water quality- limited receiving waters (like Buck Gully) and the near -shore ocean environment. The motivation for this Policy, in addition to the community's interest in clean water, is in part the adoption of Rew regulations upon the City of Newport Beach by the California Regional Water Quality Control Board, Santa Ana Region ( "Regional Board ") contained in the Regional Board's Order QFder u na 2002 001-0-, NPDES No. CAS618030. FINDING Runoff from irrigation overspray, overwatering, roof drains, patio and deck drains, and washdowns of hardscape areas contribute flow to the street drainage systems and natural watercourses which then convey pollutants such as pesticides, fertilizers, pet waste, oil, engine coolant, gasoline, hydrocarbons, brake dust, tire residue, and other pollutants into surface waters. POLICY New development or redevelopment, as defined in the model Water Quali ty Management Plan (WQLAPLpresents the City and the public with the opportunity to reduce the impacts of runoff that would otherwise drain to the City's street drainage system and our harbors, bays, and ocean. At the time of submittal of an application for a new development or redevelopment project, an applicant shall submit a W,& eF r,uality ` aiiaee ftie.,. T"^" fWQMP4 to the City. The WQMP's purpose is to minimize to the maximum extent practicable dry weather runoff and runoff from small storms (less than 3/4" of rain falling over a 24 -hour period) during construction and post - construction from the property. The following are components of any WQMP: A. Design Elements -- All Development Types. Each applicant's WQMP shall attempt to infiltrate or treat projected runoff for the new development by an amount equal to or greater than the volume of runoff produced from a storm event through incorporation of design elements that address one or more of the goals set forth below. The design elements utilized by an applicant may, but are 1 153 L -22 not required to, include those provided on the list below so long as the required projected runoff infiltration or treatment is achieved: 1. Maximize permeable areas to allow more percolation of runoff into the ground through such means as biofilters, green strips, landscaped swales, planters, and other retention/ percolation devices as approved. The use of permeable materials in lieu of or to replace hardscapes will increase the amount of runoff seepage into the ground. 2. Maximize the amount of runoff directed to permeable areas and /or maximize stormwater storage for reuse or infiltration. For the purposes of this Policy, pools, spas, and water features shall not be considered permeable surfaces. Acceptable and encouraged design elements include: a. Orienting roof runoff towards permeable surfaces, drywells, French drains, or other structural BMPs rather than directly to driveways or non - permeable surfaces so that runoff will penetrate into the ground instead of flowing off -site. b. Grading the site to divert runoff to permeable areas. C. Using cisterns, retention structures or green rooftops to store precipitation or runoff for reuse. d. Removing or designing curbs, berms or the like so as to avoid isolation of permeable or landscaped areas. e. Remove pollutants through installation of treatment control BMPs such as filters, clarifiers, and other devices as approved. B. Design Elements -- Cormnercial, Retail, and Multi - Family Residential. These design elements shall be required for all new development- exeePt-sii:vble —fam' residenees: 1. Urban runoff shall not be allowed to come into contact with the following areas: o Loading and unloading dock areas; fr] SL'I L -22 • Repair and maintenance bays; • Vehicle and equipment wash areas; and • Fueling areas. 2. Where new development/ redevelopment will include outdoor areas for the storage of material that may contribute pollutants to the storm water conveyance system, these materials must be: • Placed in an enclosure such as, but not limited to, a cabinet, shed, or similar structure that prevents contact with runoff or spillage to the storm water conveyance system; or • Protected by secondary containment structures such as berms, dikes, or curbs. 3. The outdoor materials storage areas subject to this section must be: • Paved and sufficiently impervious to contain leaks and spills; and • Covered with a roof or awning to minimize collection of storm water within the secondary containment area. 4. The area where a trash receptacle or receptacles are located for use as a repository for solid wastes must meet the following structural or treatment control BMPs: • Drainage from adjoining roofs and pavement must be diverted away from the trash storage areas; • The area must be covered with roof or awning (to prevent rain from entering the area and sewer or storm drain conveyance system), screened or walled to prevent off -site transport of trash, and connected to the sanitary sewer; and • Trash bins must have solid covers and be covered at all times except while being emptied. 5. Any construction project adding down spouts, gutters and subsurface pipes directing stormwater te�-thru the curb face shall have a French drain system of perforated pipe and gravel unless site - specific circumstances endanger public safety so as to prohibit its use as determined by the Building Pepaf aent Division or Public Works Department. Dry - weather 3 �S5 L -22 runoff shall not drain over public right -of -way, such as sidewalks, decorative paying or City parkland. C. Use of Moisture - Detecting or Weather -Based Irrigation Systems. All WQMPs must describe how the applicant plans to use irrigation systems that are automated and controlled by either a weather -based satellite system or by direct moisture detection in the soil. D. Long -Term Maintenance. The WQMP must also include the applicant's plan for the long -term and continuous maintenance of all BMP's requiring ongoing maintenance and the applicant's signed statement accepting responsibility for the maintenance of all structural and treatment control BMPs. Any transfer or sale of property subject to a Water Quality Management Plan must include as a written condition to the transfer or sale such that the transferee assumes full responsibility for maintenance of any structural, and /or source or treatment control BMPs. E. Evaluation of WQMPs. The City's evaluation of each Water Quality Management Plan will ascertain if the proposed plan meets the standards set forth in this Policy. Each plan will be evaluated on its own merits according to the particular characteristics of the project and the site to be developed. The Building DireEterOfficial or Public Works Director, or their respective designee shall approve or disapprove the plan. If the plan is disapproved, the reasons for disapproval shall be given in writing to the applicant. Any plan disapproved by the Building Pireeter Official or Public Works Director or their respective designee must be revised by the developer and resubmitted for approval. No building permit shall be issued until the final WQMP has been approved by the Building Departmext-D:ivision or Public Works Department. F. Waiver. The WQMP required under this Policy may be waived by the Building B- ireeterOfficial or Public Works Director or his or her designee if the applicant demonstrates the impracticability of implementing this Policy's requirements. Recognized circumstances demonstrating impracticability may include: 1. Extreme limitations of space for treatment; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and ls� IIVIa 3. Risk of groundwater contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten feet from the soil surface. Any other justification for impracticability must be separately petitioned by the applicant to the City Manager and, where applicable, the C- alife4-nia Regional Water Quality Centre! Board for advice and consideration. If a waiver is granted for impracticability, the petitioner will be required to transfer the savings in cost, as determined by the Building o4eeter = Official or Public Works Director, to the City's Runoff Mitigation Account. This Account shall be used to promote regional or alternative solutions for runoff pollution in Newport Beach -area watersheds. Funds payable from the Account may accrue to a public agency or a non -profit entity. G. Compliance Required. Compliance with an approved Water Quality Management Plan shall be a condition of any required planning approval. Adopted - April 23, 2002 Revised - September 13, 2011 5 CJ_7 W BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY The purpose of this policy regarding the use of City stteetsPublic Property and beaches for conducting bicycle events faees, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle events Faees, running events, surf contests or events and similar athletic contests /events shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events, walking events and other athletic contests /events using City stteets -public perty shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year. As stewards of public acess to the coast it is the City's policy to keep the beaches open to the general public and not permit exclusive use or events unless sponsored or organized by the City..- Surf, -and surf- related and sandcastle contests are the only events permitted using City beaches and shall not be conducted during Memorial Day weekend or summer (June 15 - September 15). No more than eight (8) surf or surf related large aver - commercial events and /or events determined to need a Special Event Permit shall be permitted on or near the beach during any calendar year and events shall be scheduled at least three (3) weeks apart. All Surf competitions, no matter what the size, are required to register with the Recreation & Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location and event dates. Non commercial low impact surf competitions put on by non-profit grouRss and /or local schools can apRly for event approval by completing a Surf Contest /Activity Registration Form. There is no fee for registration of a surf competition, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf competition. Only non -profit groups will be considered. Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) large awe commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests. 1 :: The person or entity primarily responsible for administering the event must prove their ability to pay for all required City safety and maintenance services prior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall, prior to the event, provide the City with evidence of insurance, with the City named as an additionally insured, with minimum coverage of one (1) million dollars per occurrence unless the Cijy Risk Manager determines that due to the circumstances surrounding the event, more insurance coverage is necessary. No permit shall be issued for any race, running event, surf contest or athletic contest /event which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Nor will any signage promoting alcohol or tobacco company be allowed to be displayed at the contest/ event. Adopted - February 14,1983 Amended - November 14,1983 Amended - September 22,1986 Amended - January 24,1994 Amended - July 25, 2000 Amended & Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Formerly I -21 Formerly I -8 2 I -6 CHILDREN IN THE LIBRARY The Newport Beach Public Library encourages parents /adult caregivers to bring children to the library whenever possible. The library staff has been tFained te help eh9dren enjey the library and the materials it ff. The City offers many programs designed to encourage children to use and enjoy the library. The library staff has been trained to help children enjoy the library and the materials if it offers; the library is not a babysitting or daycare facility. It is the responsibility of the parent /adult caregiver to supervise and ensure the safety, welfare and appropriate behavior of his /her children while in the Library which is inappr-epi-iate. For purposes of this policy the term disruptive behavior means the creation of loud and unreasonable noise, running,-or—jumping, climbing, fighting or other behavior which could interfere with the rights of other patrons. Library staff shall administer the following policies relative to the presence of children in the library: A. CHILDREN UNDER THE AGE OF EIGHTN Children under gightseven may not be left unattended in the library. Parents/adult caregivers must be present in the immediate vicinity of any child under eig tsesen. Parents /adult caregivers are responsible for their child's behavior while in the library and staff will attempt to advise the parent adult caregiver if the child's behavior is disrupting staff or other patrons. Parents /adult.caregivers who fail to correct their child's behavior in response to a request from staff may be asked to remove their child from the library. If it is determined that any child under the age of eight is unattended and the parent /adult caregiver is not in the building, staff may call the Newport Beach Police Department to place the child in care of the police B. CHILDREN BETWEEN EIGHTSN AND TWELVE shall be e re-n sibl , c.._ , trill. between seven afkd twelve. Staff may ask children of that age to behave and, if the disruptive behavior continues, will staff I -6 -I�n ..mac the ,.l..ild'. nt . a q .�. ......� .... � re uest the parent and that the--child leave the library. An attempt may be made to notify parents /adult caregivers; however, the library assumes no responsibility to do so. of twelve whe remains in the librafy at ..less..,. a;..... ..hall be pla d in the custody of the Newport -Reach �- wee — Department— 's13, 4l assume responsibility ef the eh4d. Neither the Newport Beach Public Library nor the City of Newport Beach assumes responsibility for the welfare of any child asked to leave the library, C. CHILDREN TWELVE AND OLDER Disruptive children over the age of twelve will be asked to leave the facility after receiving one warning from staff. If the child refuses to leave the library, the police may be called for assistance. Staff will attempt to notify the responsible parent /adult caregiver before or after the warning and may request parental assistance. Neither the Newport Beach Public Library nor the City of Newport Beach assumes responsibility for the welfare of any child asked to leave the library. D. CHILDREN UNDER THE AGE OF TWELVE Any child under the age of twelve who remains in the library at closing time without a parent /caregiver present shall be placed in the care of the Newport Beach Police Department. Adopted - Jazxuary 24, 1994 Reassigned - April 8, 2003 Formerly I -20