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Home My WebLink About2017-55 - Adopting Revised City Council PoliciesRESOLUTION NO. 2017-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADOPTING REVISED CITY COUNCIL POLICIES WHEREAS, the City of Newport Beach ("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, the City Council formed an ad hoc committee composed of Mayor Kevin Muldoon, City Council Member Will O'Neill, and City Council Member Brad Avery ("Committee") to review the existing City Council Policies and make a final recommendation to the entire City Council regarding revisions, deletions, and additions to improve readability and efficiency; WHEREAS, the Committee convened many times over the past months and diligently worked with City staff to review, revise, and remove multiple policies within the City Council Policy Manual; WHEREAS, the Committee recommends the City Council revise various City Council Policies as shown in the revised policies attached to this resolution as Exhibit 1, and incorporated by reference herein; and WHEREAS, the Committee's proposed revisions, among other things, deletes language that duplicates state law, removes obsolete policies, combines related subject matters into a single policy, and promotes efficiency within City government. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby amends various City Council Policies as shown in Exhibit 1. Section 2: All prior versions of the City Council Policies that are in conflict with the revisions adopted by this resolution are hereby repealed. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Resolution No. 2017-55 Page 2 of 2 Section 5: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 6: The City Council find the adoption of this resolution and the amendment of the specified City Council Policies is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adontina this resnlutinn ADOPTED this 8th day of Augus ATTEST: `0 Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE 'Xa (d'., Aaron arp City Attorney Attachment: Exhibit 1- Revised City Council Policies City Council Open Meeting Policies A-1 The Newport Beach City Council is required to comply with the Ralph M. Brown Act (Brown Act). Unless an exception applies, the Brown Act requires public entities to deliberate and take action, in open session. The City Council has adopted these rules to ensure compliance with the Brown Act and to promote full citizen participation in the discussions and decisions of their elected and appointed representatives. A. Regular Meetings. The City Council shall hold regular meetings as allowed by the City Charter and the Ralph M. Brown Act. The regular meeting shall begin at 4:00 p.m., or as otherwise scheduled due to the demand of business, for Study Session, Closed Session to follow immediately thereafter, recess after Closed Session, and reconvene at 7:00 p.m. or as otherwise scheduled due to the demand of business. The City Council may hold a regular meeting, special meeting, or adjourned regular or special meeting at any location authorized by the City Charter and the Brown Act. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hours on the following business day. B. All regular, special and adjourned meetings of the City Council shall be called, noticed and conducted in compliance with the Brown Act. C. Placing an Item(s) on the City Council Agenda. A member of the City Council may place an item(s) on the City Council agenda for discussion by submitting a title or topic sufficient to satisfy the requirements of the Brown Act on or before 5:00 p.m. on the Tuesday preceding the meeting at which the item is to be discussed. When requested, the City Attorney shall assist a City Council Member with the drafting of an agenda title or topic to ensure consistency with the Brown Act. These items will appear under the section of the agenda titled, "Matters which Council Members have asked to be placed on a Future Agenda." At the Council meeting, if three (3) members of the City Council wish to examine the issue, staff will prepare an appropriate report and return the item to the City Council with greater detail for discussion and/or action. Additionally, the Mayor or City Manager may place an item(s) on the agenda in their discretion. D. It is the intent of the City Council that no item will be introduced on a City Council agenda after the hour of 11:00 p.m. Furthermore, it is the City Council's intent that if an item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a.m., the City Council should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which the City Council A-1 business is discussed and to protect against fatigue in discussing and deciding important City issues. Order of Business The agenda for regular meetings of the City Council shall contain the following items in the order listed: Study Session Current Business • Clarification of Items on the Consent Calendar • Presentations (will be placed on the Regular Meeting agenda if no Study Session is scheduled) • Study Session Items Public Comments, including public comments about items on the Closed Session agenda. Closed Session - After Study Session - Council Chambers Conference Room Recess Reconvene at 7:00 p.m. for Regular Meeting Roll Call Closed Session Report Invocation Pledge of Allegiance Notice to the Public City Council Announcements (non -discussion item) Matters which Council Members have asked to be placed on a Future Agenda Public Comments on Consent Calendar Consent Calendar: A. Reading of Minutes/ Ordinances and Resolutions 0 A-1 B. Ordinances for Introduction C. Ordinances for Adoption D. Resolutions for Adoption E. Contracts and Agreements F. Miscellaneous (for example: Planning Commission Agendas, budget amendments, and permit applications) Items Removed from the Consent Calendar Public Comments on Non -Agenda Items Oral Reports from City Council on Committee Activities Public Hearings Continued Business Current Business Motions for Reconsideration Continued Closed Session, if necessary (report if applicable) Adjournment The Mayor shall have the discretion to change the order of business. Council Members may change the order of business by majority vote of the City Council. Rules of Order for City Council Proceedings A. Rules of Order. Except as provided in this Policy, the City Charter, other rules or practices followed by the City Council, or applicable provisions of State law, the procedures of the Council shall be guided by the latest revised edition of Robert's Rules of Order. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. W A-1 B. Public Input. Members of the general public have the right to address the City Council on any item on the agenda, as well as any item under the subject jurisdiction of the body. 1. Agendized Matters and Consent Calendar. Speakers on agenda items, including, but not limited to, Consent Calendar items, shall limit their comments to three (3) minutes and shall step down from the lectern immediately after their time has elapsed unless the presiding officer has granted the speaker's request for additional time. The presiding officer may grant the speaker additional time if the speaker is addressing the Council on a complicated or complex matter or if the speaker represents a group of individuals whose individual testimony would exceed the total time allotted to the speaker. Speakers shall limit their comments to matters relevant to the item on the agenda. 2. Non-agendized Matters. The agenda shall contain a public comment section during which any member of the public may address the Council on any non -agenda item generally considered to be a municipal affair and within the subject matter jurisdiction of the Council. To ensure that all members of the public have an opportunity to address the Council during public comments, each speaker shall be limited to three (3) minutes and shall immediately step down from the lectern upon expiration of the allotted time unless the presiding officer has granted the speaker's request for additional time. Staff and/or members of the City Council may briefly respond to each speaker who testifies during public comments. Responses shall be limited to the specific issue(s) raised by the speaker and shall generally be limited to information helpful to the public's understanding of the issue(s) raised by the speaker. The City Council shall not take action relative to any public comment unless an action would be authorized by Section 54954.2(b) of the Government Code, or any successor statute. 3. Consent Calendar. A Consent Calendar item may be pulled by the Mayor or a member of the City Council. If a Consent Calendar item is pulled, members of the public may speak on each pulled item for up to three (3) minutes, unless the presiding officer has granted the speaker's request for additional time. Officers A. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, or at the Mayor's request, the Mayor Pro Tempore shall preside. In the absence of the Mayor and Mayor Pro Tempore, the City Clerk shall call the City Council to order, whereupon a temporary 9 A-1 Presiding Officer shall be elected by the City Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore. Powers and Duties of Presiding Officer. a. Participation. The Presiding Officer may move, debate and vote from the Chair. b. Question to be Stated. The Presiding Officer shall state (or announce) the motion prior to opening any subject to debate. The Presiding Officer or such member of the City staff as he or she may designate shall verbally restate each question immediately prior to calling for the vote. C. Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts and other documents necessitating his or her signature which were adopted in his or her presence, unless he or she is unavailable, in which case the signature of an alternate Presiding Officer may be used. d. Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council. B. Parliamentarian. The City Clerk shall be designated as Parliamentarian for the City Council proceedings to advise the Presiding Officer. Within the limitations imposed by Robert's Rules of Order, the Presiding Officer has the authority to determine proper parliamentary procedure. Conduct of City Council Business A. Rules of Debate. Getting the Floor: Every Council Member desiring to speak shall first address the Presiding Officer, gain recognition by the Presiding Officer, and shall confine himself or herself to the question under debate, avoiding personalities and indecorous language. 2. Opening Debate. The following three steps are necessary prior to opening debate on any subject except as noted. a. Motions. Before any subject is open to debate, a motion must be made. The motion is a proposal in that it sets forth something the person making the motion favors. R A-1 b. Motions - Second Required. A motion by any member of the Council, including the Presiding Officer, may not be open to debate without a second. Such action does not mean that the seconder endorses the motion, but only that he/she wishes to have the motion considered. C. Stating of Motion. The motion must be stated (or announced) by the Presiding Officer prior to opening the subject to debate. Exceptions: i. Oral Presentations. Oral presentations may be made by staff, or someone designated by staff, prior to a motion being made and debated upon. ii. Questions to Staff. At any time during the proceedings, every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address the questions to the City Manager, the City Clerk or the City Attorney, who shall be entitled either to answer the inquiry himself or herself or to designate a member of his/her staff for that purpose. iii. Public Hearings. For matters that are the subject of a public hearing, the procedures for opening debate are suspended until after the public hearing is closed. 3. Addressing the Council a. Manner of Addressing Council. Each person desiring to address the Council shall step up to the microphone, may state his/her name and address for the record, state the subject he/she wishes to discuss, may state whom he/she is representing if he/she represents an organization or other persons and, unless further time is granted by the Mayor, and shall limit his/her remarks to three (3) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof or to the audience. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer. Exception: The City Council may preside over administrative hearings or designate a hearing officer to take evidence and submit proposed findings and recommendations. In the event the City Council conducts any hearing that is quasi-judicial or administrative in nature, the following procedure shall be followed: 0 A-1 i. The presiding officer may ask the City Manager to summarize the nature of the hearing and the issues to be resolved by the City Council. ii. The presiding officer shall invite the person or entity that filed the application for permit, license or other entitlement (applicant) to make a presentation. The applicant shall have a reasonable amount of time to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager or City Attorney may ask questions of the applicant or any witness presented by the applicant. iii. In the event the matter is pending before the City Council by virtue of an appeal, the presiding officer shall invite the appellant to make a presentation. The appellant shall have a reasonable amount of time to present evidence or testimony relevant to any issue before the City Council. The City Council, City Manager or City Attorney may ask questions of the appellant or any witness presented by the appellant. iv. Upon conclusion of the presentations by the applicant and the appellant, if any, the presiding officer shall invite testimony from members of the audience. V. Prior to closing the hearing, the presiding officer shall give the applicant the opportunity to comment on the evidence with the right to comment limited to no more than five (5) minutes. vi. The presiding officer shall have the discretion to require the applicant, the appellant and their respective witnesses, to present testimony under oath. vii. The presiding officer shall have the right to exclude testimony or evidence which is not relevant to any issue before the City Council. b. Spokesman for Group of Persons. To expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the City Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman be chosen by the group to address the City Council and, in case additional matters are to be presented by any other member of said group, to limit the number of such persons addressing the City Council, subject to the right of all members of the public to speak on any item on the agenda pursuant to the Brown Act. 7 A-1 4. After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the City Council from the audience on the matter under consideration without first securing permission to do so by a majority vote of the City Council. 5. Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member, while speaking, is called to order, he or she shall cease speaking until the question of order is determined and, if determined to be in order, he or she may proceed. Members of the City staff after recognition by the Presiding Officer shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer. 6. Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. If an appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" A majority vote shall conclusively determine such question of order. 7. Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which the integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege. 8. , Reserved. 9. Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. 10. Protest Against Council Action. Any Council Member shall have the right to have the reasons for his or her dissent from, or his or her protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered into the minutes may be made in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...." 11. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an 0.0 abstract of his or her statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes. B. Rules of Decorum. 1. Council Members. While the City Council is in session, the members must preserve order and decorum. Each Council Member shall conduct himself or herself with decorum and shall neither, by conversation or otherwise, delay nor interrupt the proceedings or the peace of the City Council, nor disturb any member while speaking or refuse to obey the orders of the Presiding Officer. a. Each Council Member has the duty .to: i. Respect and adhere to the American ideals of government, rule of law, principles of public administration and high ethical conduct in the performance of public duties. ii. Represent and work for the common good of the City and not for any private interest. iii. Refuse to accept gifts of favors or promises of future benefits which might compromise or tend to impair independent judgment or action. iv. Provide fair and equal treatment for all persons and matters coming before the City Council. V. Learn and study the background and purpose of important items of business before voting. vi. Faithfully perform all duties of office. vii. Refrain from disclosing any information received during any closed session of the City Council held pursuant to state law. viii. Decline any employment incompatible with public duty. ix. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the City Council, City commission, committee or board, City staff, or the public, or other personal comments not germane to the issues before the City Council. Members are to be tolerant of all views expressed at public meetings. 0 A-1 X. Listen courteously and attentively to all public discussions at City Council meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order. xi. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation. 2. Decorum of Speakers. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any speaker engaging in such conduct shall be called to order by the presiding officer and, if the conduct continues, the presiding officer may order the speaker barred from speaking and/or attending the meeting. No person shall be declared out of order, prevented from speaking or barred from attendance at any meeting because of any disagreement with the speaker's position or view on any matter, because of the speaker's identity or because of any disagreement with the content of relevant testimony. 3. Members of the Audience. No member of the audience shall willfully interrupt the orderly conduct at the meeting. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Media representatives shall be allowed to remain at the meeting except those representatives of whose willful conduct interrupted the meeting. 4. Persons Authorized to Approach the City Council Dais. No person except members of the City Council and the City staff shall enter the area between the public speakers' podiums and the City Council Dais without the consent of the Presiding Officer. 5. Enforcement of Decorum. The Chief of Police, or such member or members of the Police Department as he or she may designate, shall be Sergeant -at - Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules upon affirmative vote of a majority of the City Council. , 10 A-1 Ex Parte Communications Members of the City Council, and City employees, agents and representatives shall not engage in any ex parte communication with any member of a Board, Commission or Committee regarding any quasi-judicial matter pending, or reasonably expected to come, before that member's Board, Commission, or Committee. For purposes of this policy, the term Ex Parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations preliminary to decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee. The provisions of this policy do not apply to Ex Parte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi- judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee when the ex parte communication is initiated by the member and requests only background information available to members of the general public. City Council Voting Procedures A. Voting Procedure. Any vote of the City Council, including a roll call vote, may be registered by the members by answering "Yes" for an affirmative vote, "Abstain' for an abstention, or "No" for a negative vote upon the member's name being called by the City Clerk, or by the Presiding Officer. Following the vote, the City Clerk shall audibly announce the results of the vote by name indicating whether the question carried or was defeated. The same shall be recorded in the minutes as the vote. The Presiding Officer in his or her discretion may publicly explain the effect of a vote for the audience, or he or she may direct a member of the City Staff to do so, before proceeding to the next item of business. B. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state the nature of such disqualification in an open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members. A Council Member who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such 11 An matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. If the conflict involves a matter on the Consent Calendar the Council Member must announce the nature of the conflict, refrain from participating on the item, but may remain present at the City Council Dais. A Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter. C. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. The vote of Council Member who abstains absent a disqualifying conflict of interest shall be counted with the majority vote of the quorum on the question vote upon. D. Tie Vote. Tie votes shall be lost motions and may be reconsidered by any Council Member. E. Changing Vote. A Council Member may change his or her vote only if s/he makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item of business is taken up. F. Reconsideration. A motion to reconsider the vote on any action taken by the City Council at either this meeting or the previous meeting may be made only by one of the Council Members who voted with the prevailing side. Closed Session Agenda The closed session agenda shall be prepared by the City Attorney. The closed session agenda shall strictly conform to the format specified in the Brown Act. The City Attorney shall prepare a written report, or give an oral report, of any action taken in closed session that is required to be reported in open session by the Brown Act. Selection of Mayor and Mayor Pro Tem Section 404 of the City Charter provides for the selection of the Mayor and the Mayor Pro Tem by the City Council. This section provides that a Mayor and a Mayor Pro Tem shall be selected at least as often as Councilmanic elections are held and that the Mayor and Mayor Pro Tem shall serve at the pleasure of the City Council. Effective with the selection of the Mayor and the Mayor Pro Tem during November of 1984, it is the policy of the City Council that the Mayor and the Mayor Pro Tem election shall occur every year thereafter. The election shall take place pursuant to Section 404 of the City Charter. Seating Arrangement for City Council 12 A-1 Following each Councilmanic election, members of the City Council shall be seated at the City Council table with senior Council Members having first choice of seats. The Mayor, however, shall be seated in the center of the City Council table and the Mayor Pro Tempore shall always be seated immediately next to and to the right of the Mayor. In the event of equal seniority among members of the City Council, selection of City Council seats shall be made by the Council Member who received the highest margin of victory percentage in the most recent election. City Council Correspondence The City Clerk is authorized to open and examine all mail or other written communications addressed to the City Council and to immediately give a copy to the City. Manager. The City Manager shall give immediate attention to administrative business referred to in the communication that does not require City Council action and may be promptly concluded or shall prepare a staff report for the next available City Council meeting. Except as otherwise permitted by law, all mail or written communications from the public, residents, or applicants shall be submitted to the City Council by 5:00 p.m. on the Monday immediately prior to the meeting at which the City Council will consider the item that is the subject of the mail or written communications to allow time for the City Council to adequately consider the mail or written communications. Ordinances, Resolutions and Contracts A. Ordinances, Resolutions and Contracts. All ordinances, resolutions and contracts shall be prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his or her own initiative. The Planning Commission may initiate zoning and planning ordinances. B. Prior Review by Administration Staff. All ordinances, resolutions and contract documents shall, before presentation to the City Council be reviewed by the City Manager or his/her designee. C. Reading of Ordinances. If a motion to waive reading of all ordinances has been adopted at the beginning of the Council meeting, the City Clerk will read the ordinances by title only. If any Council Member so requests, the ordinance shall be read in full. Preparation and Reading of Minutes 13 A-1 The City Clerk shall have the exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council. Unless the reading of the minutes of a City Council meeting is ordered by a majority vote of the City Council, such minutes may be approved without reading if the City Clerk previously furnished each City Council Member and the public binder and website with a copy. Recording of Open Meetings A. All regular meetings of the City Council shall be recorded. B. Any person attending an open and public meeting of the City Council shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the City Council determines, based upon evidence in findings made by the Mayor, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The Mayor may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings. C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). If a City Council meeting has simultaneously recorded audio and video, the audio recording may be destroyed after the City Council meeting minutes for that meeting have been approved by the City Council and the video recording has been uploaded to the document imaging system. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach. City Council Member Requests for Research or Information The City of Newport Beach is a City Council -City Manager form of government. The City Council appoints a City Manager to implement policy, to ensure laws are enforced, to direct the daily operations of City government, and to prepare and monitor the municipal budget. Because Council Policy is implemented on a daily basis through City staff, it is critical that the relationship between the City Council and City staff be well understood by all parties so that policies and programs may be implemented successfully. The purpose of this policy is to further guide the implementation of Charter Section 406 (Interference in Administrative Service) so that the long tradition of positive relationships between members of the City Council and City staff is maintained. W A-1 A. General Interactions with City Staff: 1. The City Manager, City Attorney, and City Clerk are appointed directly by the City Council to provide executive, administrative and legal services. In many cases, the City Manager encourages direct contact with department directors within this Policy's guidelines, thus enabling the Council Member to get appropriate information quickly and easily. 2. If a Council Member's request is expected to take more than thirty (30) minutes (or in the case of a request from the Mayor, two (2) hours) to research, gather information, report on or otherwise respond to any inquiry, the City Manager, City Attorney, or City Clerk shall ask that the Council Member or Mayor place the request on the agenda for formal Council action before staff spends time or resources on the request. B. Requests for Information or Research: 1. For new issues, actions, or research proposed by a Council Member that require approval by the City Council, Council Members will follow the procedure provided in this policy to place an item on the City Council agenda. 2. For issues or actions that have been previously approved by the City Council, or which do not require City Council approval, Council Members will, depending on the nature of the request, route the request for information or research through the City Manager, City Attorney, or City Clerk. It shall be the responsibility of the City Manager, City Attorney, or City Clerk to promptly respond as to their recommended disposition of the request. Upon authorization by the City Manager, City Attorney, or City Clerk, the Council Member may communicate directly with other city staff members (such as department directors) or City consultants. 3. Council Members' contact with City staff or City consultants, other than City Council appointees, is limited to asking questions and obtaining information and not giving direction or assignments. Expressions of Official City Position or Policy If a member of the City Council desires that a particular official City position or policy be established or expressed on a given issue, the Council Member shall submit his/her recommendations on said position or policy to the entire City Council as provided in this policy, for evaluation and disposition as the City Council sees fit. Any City Council Member who wishes to make a statement or opinion regarding a matter which the City Council has not taken an official position on shall ensure that said 15 A-1 statement or opinion cannot be construed by the public as being an official position or policy of the City of Newport Beach. The City Council finds this policy furthers an important public purpose by ensuring the public does not confuse personal opinions expressed by City Council Members with official expressions of City policy. Use of City Stationery Members of the City Council, and staff are authorized to use City stationery when corresponding on matters relating to official City business. Said correspondence shall identify the author of the letter as such. Use of City stationery for private personal matters is not permitted. The style and content of City stationery utilized by individual City departments shall be approved by the City Manager so as to minimize the number of styles and promote use of a City-wide standard. Formerly City Council Policies A-1, A-3, A-6, A-8, A-10, A-11, A-13, A-15, and A-20 16 A-2 Boards, Commissions, & Committees Service on City Boards, Commissions, and Committees is one of the principal means by which residents participate in the conduct of City government. The City is fortunate to have highly skilled, educated and experienced residents that are willing to selflessly donate their time and resources to positively contribute towards the betterment of our City. This Policy prescribes the rules, guidelines, and ideals that govern our City's Boards, Commissions, and Committees. Board, Commission, & Committee Formation Process A. Boards and Commissions shall be established by City Charter or ordinance of the City Council. Committees shall be established by a resolution of the City Council in accordance with this policy. B. Boards, Commissions and Committees shall be designated either 1) Permanent; 2) Standing; or 3) Ad Hoc. Boards, Commissions and Committees having a definite termination date may be extended by City Council action. C. With the assistance of the City Attorney, all Boards, Commissions and Committees shall determine the applicability of, and comply with, the Ralph M. Brown Act. D. All Boards, Commission and Committee meetings open to the public shall include an opportunity for public comments and questions. E. Boards and Commissions may be reviewed on or before December 31 of each year consistent with the Maddy Act (Cal. Gov. Code § 54972). Committees may be reviewed in October of each year for any needed additions, changes or deletions by the City Manager and the City Council. Within this review, the City Council shall consider whether the work done by Committees is duplicative of other Committees' work, and shall consider merging or disbanding committees as appropriate. This provision shall not however prevent such changes at other times of the year. Types of Boards, Commissions, & Committees Boards and Commissions (Permanent) These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section, ordinance or resolution. Appointments are made pursuant to this Policy. City Council Committees (Standing or Ad Hoc) 1 A-2 These shall consist of City Council Members and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint the City Council Members subject to confirmation by the full City Council. City Council/Citizens' Committees (Standing or Ad Hoc) These shall consist of City Council Members, citizens and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint City Council members to these Committees subject to confirmation by the full City Council. Appointment of citizens and staff members to these Committees shall be addressed in the respective enabling ordinance or resolution. Citizens' Advisory Committees (Standing or Ad Hoc) These shall be comprised solely of citizens with perhaps City Council or staff liaison. Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, enabling ordinances or resolutions may provide that appointees represent each of the Council Districts in which case appointments shall be made by individual City Council members for their respective districts subject to confirmation by the full City Council. joint Governmental Committees (Permanent or Standing) These are committees comprised of representatives from several governmental agencies. Representatives to these committees can be either City Council Members or City staff. Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council. City Staff Committees (Permanent, Standing, or Ad Hoc) These are comprised of staff members designated by their job title as prescribed by enabling ordinance or resolution. Member Appointment Process Annual Appointment List On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position. Also, the City Clerk shall list all Boards, N A-2 Commissions and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be posted in the City's normal posting location for agendas, as well as the Newport Beach Public Library located at 1000 Avocado Avenue. Qualifications Appointees to Boards, Commissions and Committees shall be electorates and residents of the City. However, when exceptions are warranted, the reasons shall be so stated in that Boards, Commissions or Committee's enabling ordinance or resolution. The City Clerk shall further maintain a file of Candidates for Board, Commission, and Committee appointments, which shall be reviewed each year by the City Clerk to ensure that those applicants are still available and eligible for appointment. Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed. Vacancies Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to a newspaper of general circulation, information relating to the vacancy including meeting dates and times, Board, Commission, or Committee functions, and the method of obtaining and submitting applications and establishing a date prior to June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application. Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk's office, and other locations as directed by City Council. Additionally, the City Clerk shall prepare and submit information relating to the vacancy including meeting dates and times, and Board, Commission or Committee application procedure. Final appointment (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of the vacancy notice. Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term. Board, Commission, and Committee appointees may be replaced after three (3) consecutive unexcused absences from meetings. Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission or Committee vacancies, it may be appropriate to make certain adjustments in the advertising and recruitment procedures, 3 A-2 which are regularly utilized to fill these vacancies. In these cases, the City Council may make the following adjustments by majority vote at a regular public meeting: A. The two (2) month period prior to the occurrence of a scheduled vacancy, which is established for advertising purposes, may be extended to three (3) months. B. The last date to submit applications for a vacancy may be changed from the third Wednesday prior to June, to no sooner than the third Wednesday prior to May 1. C. The period established for the ad-hoc Appointments Committee's recommendation to the Council of candidates, may be extended from at least two (2) weeks, to at least four (4) weeks prior to the date of appointment. When vacancies occur, the City Council shall make every effort to appoint the best - qualified person to serve the interest of Newport Beach. The City Council shall only appoint persons who have filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council nominates candidates for positions. The application shall serve as a basis for determining if the person is a qualified elector and resident of the City, has no conflict of interest that would prevent the applicant from serving, and otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or City Council Policy. The City Council prefers that members of Boards, Commissions, and Committees represent different geographical areas of the City, but residence is a consideration only when applicants are otherwise equally qualified. Limit on Service To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired term. Appointees shall serve on only one (1) standing City Board, Commission or Committee at any time. Optional Ad Hoc Appointments Committee Unless an alternative appointment procedure is provided in the formation ordinance or resolution, at such time when an appointment to a Board, Commission or Committee is necessary, the Mayor, at his/her discretion, may establish an ad-hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad- hoc Appointments Committee's duties are as follows: 9 A-2 A. Review all applications for position to City Boards, Commissions and Committees. The ad-hoc Appointments Committee will review applicant answers to all questions contained in the application; B. Conduct any necessary interviews with individual applicants; and C. At least two (2) weeks prior to the date of appointment, recommend to the full City Council at a regular public meeting, two (2) or more candidates, if a sufficient number of candidates are available, for each Board, Commission or Committee vacancy. City Council Members may wish to interview the recommended candidates further prior to final selection by the City Council. By having a goal of two (2) or more candidates for each vacancy, it is the intent of the City Council that at least two (2) separate individuals should be considered for each vacancy (i.e., if there are two (2) vacancies, the City will attempt to have four (4) separate individuals under consideration). The ad-hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, shall attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant's duties in an impartial manner free from bias. It is generally recognized that from time -to -time it is possible for any individual to have a conflict on any one (1) given issue. The ad-hoc Appointments Committee, however, shall endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission or Committee. If no alternative appointment procedure is provided in the formation ordinance/ resolution, and if the Mayor does not form an ad-hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting. Voting Procedure A. If possible, the City Council shall vote on all appointments and seats on each Board, Commission and Committee simultaneously. The voting will be by paper ballot and the City Clerk will tabulate and announce the results, including the vote tally. B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. In order to be appointed, the nominees must receive at least four (4) votes. 5 A-2 C. For Boards, Commissions and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed. D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only. E. In the event that no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees, and the determination will be made as previously stated. City Clerk Responsibilities The City Clerk shall also be responsible for the following functions associated with Board, Commission and Committee appointments: A. Preparation of letters for the Mayor's signature notifying successful candidates of their appointment. B. Preparation of letters for the Mayor's signature notifying unsuccessful candidates for appointment. C. Preparation of letters for the Mayor's signature thanking outgoing members for their service. If established, once the final appointments are made by the City Council, the ad-hoc Appointments Committee will be dissolved. Business Improvement District Appointments The appointment of Business Improvement District advisory boards or the designation of an owners' association is exempt from this City Council Policy, but shall be consistent with the California Streets and Highways Code. Decorum and Order Board, Commission and Committee deliberations and actions should be conducted in an atmosphere free from personal animosity and hostility. Each member of a Board, Commission and Committee has the duty to: A. Respect and adhere to the American ideals of government, rule of law, principles of public administration and high ethical conduct in the performance of public duties. I A-2 B. Represent and work for the common good of the City and not for any private interest. C. Refuse to accept gifts, favors, or promises of future benefits which might compromise or tend to impair independent judgment or action. D. Provide fair and equal treatment for all persons and matters coming before the Board, Commission, or Committee. E. Learn and study the background and purpose of important items of business before voting. F. Faithfully perform all duties of office. G. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Board, Commission, or Committee held pursuant to state law. H. Decline any employment incompatible with public duty. I. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Board, Commission, or Committee, City staff, or the public, or other personal comments not germane to the issues before the body. Members are to be tolerant of all views expressed at public meetings. J. Listen courteously and attentively to all public discussions at Board, Commission, or Committee meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order. K. Faithfully attend all sessions of the Board, Commission, or Committee unless unable to do so for some compelling reason or disability. L. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation. If a Board, Commission, or Committee member cannot abide by these provisions, he or she should submit a letter of resignation or be removed from office by action of the Mayor and City Council. Ex Parte Communications 7 Members of Boards, Commissions, or Committees and City employees, agents and representatives shall not engage in any Ex Parte communication with any members of a Board, Commission, or Committee regarding any quasi-judicial matter pending, or reasonably expected to come, before that member's Board, Commission, or Committee. For purposes of this policy, the term Ex Parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations preliminary to decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee. The provisions of this policy do not apply to Ex Parte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi- judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee when the Ex Parte communication is initiated by the member and requests only background information available to members of the general public. Minutes Written minutes, upon approval of the Board, Commission, or Committee, constitute the official record of its activities. Minutes will be prepared for all public meetings by City support staff and distributed to the entire member body for review prior to official approval. Additions or corrections to the minutes are made at public meetings upon official Board, Commission, or Committee approval. Member requests for inclusion on the record of a specific action or comment shall be recorded at the next publicly -noticed meeting. Recording of Open Meetings A. Open and public meetings of Boards, Commissions and Committees may be audio recorded upon request of the chairperson or pursuant to any procedural rule or by-law adopted by the Board, Commission, or Committee. B. Any person attending an open and public meeting of any Board, Commission, or Committee shall have the right to record the proceedings with an audio or video tape recorder or a still or motion picture camera unless the Board, Commission, or Committee determines, based upon evidence in findings made by the chairperson, that continued recording would create noise, illumination, or view obstruction A-2 problems that are disrupting or would disrupt the proceedings. The chairperson may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings. C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). Notwithstanding the provisions of Section 34090 of the Government Code, any audio or video recording of any open or public meeting of any BCC may be erased or destroyed one-year after the taping or recordation, excluding Planning Commission as those are kept permanent. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach. Conflict of Interest No member of any Board, Commission, or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member's service on the Board, Commission, or Committee. Expression of Official City Position or Policy If members of City Boards, Commissions, or Committees desire that a particular official City position or policy be established or expressed on a given issue, they shall submit their recommendations on said position or policy to the City Council for evaluation and disposition as the City Council sees fit. In their interactions with the media, members of City Boards, Commissions, and Committees shall comply with the media policies in City Council Policy D-1. This policy is not intended to restrict communications between Boards, Commissions and Committees and others on matters exclusively within the purview or responsibility of such Boards, Commissions or Committees, but rather is intended to avoid confusion with regard to the official City position or policy, which is defined as that of the City Council. Fundraising & Contracting A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception. I A-2 B. No Board, Commission or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract with any agency, group, entity or individual without authorization from the City Council. Use of City Stationary Members of Boards, Commissions, and Committees are authorized to use City stationery when corresponding on matters relating to official City business. Said correspondence shall identify the author of the letter as such. Correspondence from individual Board, Commission, and Committee members must have the approval of their respective Board, Commission, or Committee. Use of City stationery for private personal matters is not permitted. Formerly City Council Policies A-2, A-5, A-7, A-8, A-9, A-11, A-13, and A-15 10 A-4 COMMUNITY SERVICE RECOGNITION AWARDS The Mayor is authorized to select the mode and style of recognition awards, and to allow for suitable preparations, and shall be responsible for assessing the merits of various civic contributions and approving appropriate language for recognition resolutions. Examples of conduct or service that may be a basis for City Council recognition may include, but are not limited to, the following: A. Noteworthy financial or service contributions to the civic affairs of the community by private citizens or organizations; B. Outstanding bravery or meritorious service in a time of crisis; C. Retirement or the end of employment for appointed municipal officials and staff executives; D. Special contributions by employees or Board, Commission, or Committee members for effective or extraordinary service during employment or term of appointment. Elected officials who have concluded a term of office will be honored as follows: A. The Mayor, upon conclusion of term of office, will receive a mounted gavel plaque. B. A City Council Member, upon conclusion of term of office shall receive an appropriate gift. BOARD, COMMISSION, AND COMMITTEE MEMBERS Board, Commission, and Committee Members, upon conclusion of their term of office, mayl receive a Certificate of Appreciation appropriately framed from the City Council for their service. SERVICE OF EMPLOYEES, BOARD, COMMISSION AND COMMITTEE MEMBERS Employees, Board, Commission, and Committee Members and Council Members, shall receive service pins for each five-year increment of service with the City. 1 Since time limitations do not always permit official Council action, the Mayor is authorized to issue City seals, keys to the City or other suitable recognition symbols on behalf of the City to honor citizens, organizations or visiting dignitaries under such circumstances as the Mayor may deem appropriate. Adopted - October 28,1968 Amended - November 27,1978 Amended - February 9,1981 Amended - October 22,1990 Amended - January 24,1994 Amended - February 26,1996 Corrected - April 22, 1996 Amended - March 14, 2000 Amended - , 2017 Formerly A-7 N PARK FEE POLICY PURPOSE MR The City of Newport Beach maintains an extensive park and open space system. The acquisition and development of our park and open space properties is funded, in part, through the payment of park fees paid by persons or entities who subdivide properties. The Subdivision Map Act requires park fees to be used only for the purpose of developing new or rehabilitating existing neighborhood or community park or recreational facilities to serve the subdivision that paid the fees. The City is required to develop a schedule specifying how, when and where the park fees will be used. The purpose of this Policy is to establish the criteria to be used in deciding which facilities serve subdivision residents and schedule whereby park fees are properly and timely committed to appropriate projects. This policy also identifies which park serve as citywide resources. POLICY A. Service Criteria. The Recreation and Open Space Element of the General Plan states that community parks and view parks serve the entire City. Community parks are those with improvements such as community buildings, parking, swimming, facilities for picnicking, active sports and other facilities that serve a larger population. View parks serve as citywide resources because of their unusual beauty and view opportunities. Neighborhood parks serve all ages and include unique recreational facilities, such as basketball courts, tennis courts, turf areas, active sports fields, community buildings, unique play areas. Accordingly, park fees generated by any subdivision within the City may be used to develop new or rehabilitate existing community parks, view parks, and those neighborhood parks listed on Exhibit A. The Recreation and Open Space Element divides the City into 12 service areas consisting of relatively discrete residential communities. These service areas were created for the purpose of determining whether particular geographical areas were deficient in terms of park and recreational facilities and to identify acquisitions or improvements which would provide residents with greater recreational opportunities. Accordingly, park fees generated by a subdivision within any service area may be used to create new, or rehabilitate, existing park or recreational facilities within that service area and as provided in the Recreation and Open Space Element. 1 B. Implementation Schedule. Park fees shall be placed in the Facilities Financial Planning Reserve Fund immediately upon receipt with a special designation as Park Fees. These funds, after special designation, shall be used solely for the acquisition or establishment of new, or the rehabilitation of existing, park, open space and recreational facilities. The park fees shall also be placed on a schedule that lists the location of the subdivision, the fees paid, the date on which the fees were paid or the date on which building permits had been issued for 1/2 of the lots created by the subdivision (whichever occurs later), the service area within which the subdivision is located, the neighborhood park, recreation and open space facilities eligible for park fees generated by that subdivision, and the date on which the park fees must be committed to specific project of improvements. The park fees shall be used only for the park and recreation facilities identified on Attachment A and shall be utilized in accordance with the policies and standards specified in the General Plan. Designations for expenditures will be made as part of the annual budget adoption. [Attachment - Exhibit A] Adopted - June 27,1994 Amended - April 23, 2002 Amended and Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - August 11, 2009 Amended - May 14, 2013 Amended - May 12, 2015 Amended - 2017 Formerly I-1 2 EXHIBIT A PARK DEDICATION POLICY PARKS GUIDE 101 The following view parks serve as citywide resources by reason of their unusual beauty and the view provided: Back Bay View Park Bayview Park Begonia Park Channel Place Park Civic Center Park Cliff Drive Park Corona del Mar State Beach Park John Wayne Park Galaxy View Park Inspiration Point Irvine Terrace Park Los Trancos (lower, middle, upper) Canyon Watch Harbor Watch Castaways Park Jasmine View Park Kings Road Park Lido Park Lookout Point Newport Island Park Peninsula Park Rhine Wharf Park Sunset View Park West Jetty View Park Westcliff Park The following Community and Neighborhood Parks serve as citywide resources by reason of the unique recreational opportunities they offer: Arroyo Park - Lighted multi-purpose field, basketball court, picnic areas and playground. Bonita Canyon Sports Park - Four youth baseball fields, one multi-purpose field, one soccer field, tennis courts, pickleball courts, basketball court, 2 playgrounds and connecting trail to Arroyo Park. Bonita Creek Park - Community center, playground, lighted multi-purpose fields, and basketball court. Buck Gully- hiking trails Buffalo Hills Park - Basketball court, baseball/ softball diamond, volleyball court, multi-purpose fields. Carroll Beek Community Center and Balboa Island Park - Basketball court, tot playground and community center. 3 RON Civic Center Park - Scenic view, dog park, art sculptures, cactus garden, Civic green, and walking trails and community room. Coastal Peak Park - Two multi-purpose fields, playground, two picnic pavilions and basketball court. Community Youth Center/Grant Howald Park - Basketball court, tennis courts, playground, community center, softball and multi-purpose field. Eastbluff Park - Baseball diamond, multi-purpose field, playground, and view of the Back Bay. Harbor View Nature Park - Natural vegetation area. Lincoln Athletic Center - Gymnasium, lighted baseball/ softball diamond and multi-purpose fields. Marina Park - Community center, sailing center, picnic area, playground, basketball courts and fitness course. Mariners Park - Multi-purpose room, baseball/ softball facilities, racquetball courts, lighted tennis courts, multi-purpose fields, and an ADA equipped play area. Newport Coast Community Center - Gymnasium, multi-purpose facility with classrooms OASIS Senior Center - Multi-purpose senior facility with classrooms, large multi- purpose room, and fitness center. Peninsula Park - Beach sited multi-purpose field, playground (ADA compliant), picnic and barbecue facilities, baseball/ softball diamond and gazebo. San Joaquin Hills Park - Tennis courts, pentanque courts, lawn bowling facility. San Miguel Park - Ball diamond, athletic field, four racquetball courts, basketball court and an ADA equipped play area. Sunset Ridge Park - Baseball field, soccer fields, butterfly garden, scenic view and playground. Theater Arts Center - Ninety seat community theater. 4 C West Newport Community Center- Gymnasium West Newport Park - Tennis courts, racquetball courts, basketball court, and 3 playgrounds. 38th Street Park - Basketball courts and playground (ADA compliant). Big Canyon Nature Park - hiking trails Bob Henry Park - Multipurpose field, ball diamond, playground, picnic areas Newport Aquatic Center - rowing, canoeing, kayaking, paddle boarding facility North Start Beach - aquatic center Spyglass Hill Park - playground, picnic area 16th Street Community Center - multipurpose facility with classrooms 5 CO-SPONSORED EVENTS The Recreation & Senior Services Department may accept co-sponsorship of events when one of the following criteria is met: A. The City solicits the co-sponsor. B. Co-sponsored events or programs that are not self-supporting shall be subject to being approved by the annual budget process that would appropriate funds for the activity. Adopted - July 22,1991 Amended - January 24,1994 Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - , 2017 Formerly I-14 Formerly I-3 6 SPECIAL EVENT PERMIT REQUEST PROCESSING PURPOSE To set forth City policy concerning administration and control of special events. Special events include activities as defined in Chapter 11.03 of Title 11 of the Newport Beach Municipal Code. Requests that include activities for which the Municipal Code requires a permit to be obtained may be included in the special event permit process. POLICY It is the policy of the City Council to ensure that the numerous special event activities permitted by the City do not negatively affect the community, that requests for permits are efficiently processed by staff, that City liability is eliminated, that all appropriate insurance requirements are met, and that costs for municipal services provided are kept at a reasonable level and recovered from the event sponsors. Affected City departments shall be notified of special event permit requests in accordance with the schedule attached and provide recommendations on how to conduct the event safely, lawfully and with a minimum negative impact on the community. It is the responsibility of the Recreation and Senior Services Director to coordinate the administration of special events and to be the central contact point for residents or other event sponsors, as well as the various City Departments having influence or control over aspects of any given event. Requests for special event permit applications will be received by a special event supervisor in the Recreation and Senior Services Department and routinely routed to appropriate departments for investigation. Each department will investigate the proposed event and make a recommendation for approval or denial of the event. If recommended for approval, recommended conditions for approval will also be presented. Events that include the following activities or aspects shall be additionally reviewed by the departments indicated: 7 Activi Fireworks Tents and Canopies Requests on the Harbor Requests on the Balboa Pier Requests on McFadden Plaza Requests on the Newport Pier Requests on Public Beaches Requests in a Public Park Requests to Deviate from Use Permit Requests at a Commercial Location Signs and Banners on Private Property Signs and Banners on Public Property Amplified Sound at a Commercial Location Amplified Sound at a Residential Location Temporary Street or Sidewalk Closures Sidewalk Sales M. Reviewing Department Fire Department Police Department City Manager Fire Department Building Department Harbor Resources Division Sheriff's Harbor Department Public Works Department Public Works Department Public Works Department Harbor Resources Division Municipal Ops Department Fire Department Recreation and Senior Services Municipal Ops Department Community Development Department Community Development Department Community Development Department Public Works Department Community Development Department Police Department Police Department Revenue Division Public Works Department Municipal Ops Department Public Works Department Use of Public Property Public Food Service Use of Back Bay Drive i Community Development Department Risk Manager Health Department Department of Fish and Game Municipal Ops Department Public Works Department County of Orange If each department reviewing a special event permit application recommends approval of issuance of the permit, a permit will be issued to the applicant listing the conditions provided by each department. The City Council may authorize approval of any request for special event permit when: A. Required by Municipal Code. B. When a Level 3 Special Event Permit has been denied and -the applicant chooses to appeal the denial. Residency Requirements For purposes of this City Council Policy, there are two types of special event permit applicants: (1) a business or organization; or (2) a natural person. The determination between the two types of applicants is determined by who is financially and legally responsible for all components of the event, including permitting, providing liability insurance, attending meetings, conducting event correspondence with the City, and paying all event related fees as well as retaining the profits generated by the event. For purposes of this City Council Policy and for special event permit fees, a "resident" is defined as: (1) A business or organization which owns or leases property within the City and is registered, incorporated or conducts its business from the owned or leased property within the City; or (2) A person that lives permanently or on a long-term basis in the City. Post Office Boxes do not qualify a business, organization, or individual for residency status under this City Council Policy or special event permit fees. Adopted - January 24, 1994 I Amended - February 24,1997 Amended - May 8, 2001 Amended and Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - August 11, 2009 Amended - May 12, 2015 Amended - , 2017 Formerly 1-7 RIM 10 IM NAMING OF CITY PARKS & FACILITIES The City of Newport Beach has a comprehensive program to provide park and open space to serve the leisure and recreation needs of residents. It is desirable that appropriate names be selected for future parks and public recreational facilities. The following guidelines shall serve as policy on this matter. A. Suggestions for naming new or existing parks or public facilities shall be reviewed by the Parks, Beaches and Recreation Commission with a recommendation being transmitted to the City Council for approval. B. New or existing park or public facilities names can be chosen from, but not limited to, the following categories: 1. Streets or schools bordering park 2. Topography 3. Theme 4. Common names already in place for the area 5. Persons that have been deceased for at least fifteen (15) years C. Facility rooms or site amenities may be dedicated in honor of persons if done as part of a capital/ fundraising campaign and with the approval of the City Council. The provisions of this policy shall not apply to commitments made prior to May 13, 2003. Adopted - September 12, 1988 Amended - January 24,1994 Amended - February 27,1995 Reassigned - April 8, 2003 Amended - May 13, 2003 Amended - , 2017 Formerly I-22 Formerly I-9 11 WE USE, PRIORITIES AND FEES FOR MARIAN BERGESON AQUATIC CENTER The Marian Bergeson Aquatic Center (MBAC) is a 50 meter pool complex located on the Corona del Mar High School campus. The Newport -Mesa Unified School District (NMUSD), as the legal owner of the property, has entered into an agreement with the City of Newport Beach (CITY) to allow public use of the facility after official school use. This agreement has resulted due to the significant contribution to the pool construction by the City. PURPOSE OF USE The foregoing facilities and equipment therein shall be used for activities which are recreational, social or civic in character, and offer services of interest or need to the community. PROCEDURE Any group desiring to use the MBAC shall make application on forms provided by the Recreation & Senior Services Department (Department) and shall provide such additional information as may be required by the Department to assure compliance with priorities. Applicants may be required to satisfy the Department that activities will be conducted in an orderly manner and that such person(s) or groups are financially able to respond to damages arising therefrom. Prior to the use of any facility, the application must have been approved by the Recreation & Senior Services Director or a designated representative. SCHEDULE The City and the NMUSD establishes the use of the aquatic center as follows: Pool Use Criteria (As Dictated by School District -City Agreement) School Year A. 6:00 A.M. - 3:00 P.M B. 3:00 P.M. - 6:00 P.M C. 6:00 P.M. - 9:00 P.M. Holidays, Summer Vacation, Saturdays District use only. Joint use City/District w/District as first priority. City exclusive use. 12 WE A. 6:00 A.M. - 9:00 A.M. Joint scheduling w/City priority. B. 9:00 A.M. - 9:00 P.M. City exclusive use. Sundays A. 6:00 A.M. - 9:00 P.M. Joint City/ District. (Use includes showers, restrooms and ancillary facilities.) A. All official Department/City initiated and/or conducted activities. B. All official Department co-sponsored groups and/or activities. The aforementioned are community groups and activities which are nonprofit, self- governing, privately organized of a recreational nature may be brought under the sponsorship of the Department by application. C. Official School District sponsored programs and activities. D. Official public agency sponsored programs and activities not included in the above categories. E. Recreational, social or civic activities and/or groups (resident) promoted and sponsored by local nonprofit organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. F. Recreational, social or civic activities and/or groups (nonresident) promoted and sponsored by nonprofit organizations which are open to the public, not qualifying under Priority No. E. G. Private resident and nonresident use. H. Commercial or profit making groups. 13 SPECIFICATIONS FOR MBAC USERS A. Determining factors of priority shall include, but not be limited to, the number of City residents on the playing teams, recognized seasonal sports, and past contributions to facilities by sponsoring groups. This policy shall not be exclusionary to any group. Staff has the right to revoke a permit for specific times if the facility is not being used. B. Recognized seasonal sports shall be determined where at all possible one year in advance. All non -seasonal sports shall be accommodated, but scheduled secondarily to seasonal sports. Special tournaments/ regional playoffs, even if off- season, shall be accommodated whenever possible. Applicable fees will be charged to the hosted group. Special events shall be applied for at least six months in advance and not more than 12 months in advance. C. Staff will coordinate and chair meetings as necessary to determine equitable use of available athletic facilities. Groups not satisfied with the results of this procedure can appeal the staff determinations to the Parks, Beaches and Recreation Commission. D. The MBAC may be closed for periodic maintenance and renovation at a time determined by NMUSD staff to be least disruptive to all parties. E. Any group claiming nonprofit status is required to submit, at the request of staff, proof of non-profit status by submitting their Internal Revenue Service 501c(3) letter and a current IRS 990 Form. Membership and meetings or activities must be open to the public. Fees, donations or admissions charged by the group must be limited to essential expenses of the group. The group treasurer will be required to submit a financial report following each activity when any of the above is collected. FEES AND DEPOSITS A. The fees charged for use of the MBAC are in accordance with the Master Fee Schedule which is annually adjusted by resolution of the City Council. B. The intent of these fees shall be that the MBAC be operated in accordance with Municipal Code Section 3.36 Cost Recovery For User Services. C. The NMUSD requires a custodial fee from groups to clean and maintain the facility both during and after a rental. 14 Adopted - June 25, 1990 Amended - January 24,1994 Amended & Reassigned - April S, 2003 Amended - September 13, 2005 Amended - May 12, 2015 Amended - 2017 Formerly I-24 Formerly I-11 15 1 PUBLIC USE OF CITY FACILITIES PURPOSE B-13 City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural activities and limited commercial use. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate groups that wish to use City facilities. PROCEDURE A. Applications to use the City facilities must be made on forms provided by the Recreation and Senior Services Department (Department). Applicants must provide all information as may be required by the Department to assure compliance with the requirements and regulations of this Policy. B. Applicants will be required to pay a security deposit in an amount that will promote use of the Recreation and Senior Services facilities in an orderly manner without damage to the facilities. Security deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or additional cleanup is required. C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation and Senior Services Director or designated representative. D. Approval or denial of a reservation request will be provided within five working days of receipt of a completed application. E. Reservations for use of Department facilities may be made up to six months in advance, but no later than ten working days before the event with the exception of park reservations which may be made no later than five working days before the event. F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to group or individual property. When it is deemed to be in the best interest of the general public, the City will require the permittee to furnish a Certificate of Insurance naming the City of Newport Beach as an additional 16 B-13 insured. The amount of the insurance shall not be less than $1,000,000 per occurrence of commercial general liability insurance. G. A contract shall not be transferred, assigned or sublet. All contracts will be issued for specific facilities and for specific hours, and the premises must be vacated as scheduled. H. The reservation request and rental agreement must be completed and signed by an adult age 21 and over who will attend, supervise and be responsible for the entire event or activities. Proof of residency is required at the time of application in order to receive the resident rate. Proof of non-profit status is required at the time of application in order to receive the non-profit rate. I. A Facility Use Agreement which authorizes the rental of facilities may be revoked for violation of any rental policies. REGULATIONS AND RESTRICTIONS All uses of Department facilities will be subject to the following regulations and restrictions: A. Use of Alcohol. 1. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal facilities operated by the Department, except beer and wine may be served for special occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport Coast Community Center (NCCC), Civic Center Community Room (CCCR), and Marina Park when done in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations and approved in writing by the Recreation and Senior Services Director. Approval to serve beer and wine shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation and Senior Services Director will require the permittee to pay City costs to provide additional security when alcohol is served. 2. The use of alcoholic beverages is by written permission only and must be requested at the time the facility use request is submitted. The Department reserves the right to place restrictions on the use of alcoholic beverages in accordance with State Law and these guidelines. "Alcohol use" means the presence of any beverage that contains any amount of alcohol. 17 B-13 3. Alcohol is not allowed when an event is designated for minors such as school age award programs, birthday parties and/or receptions. 4. When alcohol is served, there shall be a minimum of two security guards present at the facility at all times. The guards must arrive 30 minutes before guest arrival time and remain until the contract end time. One guard must be positioned at the entrance of the event and one guard positioned in the event area. The parking lot must be monitored every 30 minutes. The security guards shall have the authority to enforce all rules and regulations governing facility rentals. In the event that the Police are called, the cost of their services shall be deducted from the applicant's security deposit. The applicant will be billed for any costs exceeding the security deposit. 5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused to any person as a result of alcoholic beverages being served to or consumed by someone under the age of 21 while on the City's premises, shall be the sole responsibility of the organization or individual renting the facility. 6. The distribution or consumption of alcoholic beverages shall be in compliance with all applicable laws, including regulations of the ABC. Any organization using City facilities shall be solely responsible for obtaining all permits or licenses relating to the distribution and consumption of alcoholic beverages on the premises. 7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that alcohol is being served that was not authorized by the Department or to a minor the Police will be notified and the event will be terminated and all fees and deposits will be forfeited. 8. The City shall require the applicant to carry general liability insurance when alcohol is available, but not sold. The City shall require a full liquor liability premium in addition to general liability insurance when alcohol is sold in exchange for money. The cost of the required liability insurance shall be borne by the applicant. B. Smoking is prohibited in all City facilities including restrooms and within 100 feet of a park, park facility or beach. C. For all indoor facility rentals involving youth, 17 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity. 18 B-13 D. No group's activities shall interfere with the administration of the Department. E. Non-profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, is submitted with the rental application. F. Facilities and equipment are to be left in the same condition as they were prior to the rental. The permittee is responsible to pay for any damage to property or loss of property. A fee equal to total replacement cost will be charged. It shall be the responsibility of the permittee to see that unauthorized portions of the facility are not used. Continued or repeated use of City facilities will be contingent upon care of the facility, property and equipment, and observance of all approved rules and regulations. G. No gambling of any kind shall be conducted on, or in, City facilities, and the permittee shall insure that no disorderly or illegal conduct shall be allowed in any facility. H. The use of public address equipment will be limited to that provided by the facility, unless written approval has been secured by the Department through a Special Event Permit. I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to market a product, give a presentation, or advertise their business, will be considered commercial users. J. The posted occupancy of City facilities shall not be exceeded. K. Storage space will not be granted at any time. L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas Day, Easter, President's Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veteran's Day. M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the Department and all applicable City, State and Federal laws, rules and regulations. N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces. Overnight parking is not allowed. 19 B-13 O. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised throughout the facility. P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at the discretion of the Department Director. Q. Policies and guidelines regarding caterers shall be adhered to. R. All professional services utilized for events require a City of Newport Beach business license. S. Animals are not permitted within City Facilities with the exception of service animals. However, this provision shall not apply to activities or programs of the Recreation and Senior Services Department. FEE CLASSIFICATIONS - PRIORITIES OF USE Permission for use of City facilities shall be granted on a first come first served basis, subject to the following priorities: A. All official Department initiated and/or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B-5 and B-10. B. All official City of Newport Beach activities. C. All official City co-sponsored groups and/or activities such as community groups and activities which are non-profit, self-governing, privately organized and of an educational nature which may be brought under the sponsorship of the Department. D. Official public agency sponsored programs and activities not included in A, B, and C above. E. Youth. Sports Commission Member Organizations. F. Resident non-profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents. G. Recreational, social or civic activities of groups which are resident promoted and sponsored by local non-profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. 20 B-13 H. Recreational or social activities of private Newport Beach residents which are not open to the public. (private parties) Recreational, social or civic activities and/or groups which are non-resident promoted and sponsored by non-profit organizations which are open to the public, but not qualifying under D above. J. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non-profit. K. Others. Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number. FEES, DEPOSITS AND CANCELLATION PROCEDURES Fees may be charged for the use of City facilities and shall be established and periodically adjusted and approved by the City Council. Fees are imposed to cover overhead, processing, deposits, maintenance and replacement costs for application and scheduling and maintenance of the facilities. A. A security deposit will be required for all room rentals. All or a portion of the deposit may be retained by the Department after inspection of the facility by the Recreation and Senior Services Director or a designated representative and a determination that the facility has not been left clean and/or in good repair. B. A separate additional cleaning fee may be charged for rental of the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park Community Center. C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co-sponsored by the City of Newport Beach or its departments, with the exception of direct costs. D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park may occur seventy-two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hours notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. 21 B-13 E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, and Marina Park that occur less than thirty days prior to the scheduled use of the facility will be charged 25% of the rental fee. Cancellations with less than seventy- two hours notice will be charged the entire rental fee. Adopted - May 26,1998 Amended - May 8, 2001 Amended - April 23, 2002 Amended and Reassigned - April 8, 2003 Amended - July 22, 2003 Amended - September 13, 2005 Amended - October 10, 2006 Amended - August 11, 2009 Amended - May 14, 2013 Amended - May 12, 2015 Amended - , 2017 Formerly I-25 22 PARKS, BEACHES AND RECREATION COMMISSION DECISIONS The Commission shall, among other powers and duties, have the authority to make decisions on the following proposals relating to park and open space facilities and outdoor recreational activities: A. Any proposal to install new lighting facilities in any recreational area owned or controlled by the City of Newport Beach except low level lighting installed solely for the purposes of safety or security; B. Any proposal to establish new, or significantly modify, existing hours of operation of any recreation facility or the hours during which recreational activity is permitted on City property. For purposes of this subsection, any proposal to establish or extend the hours of operation or recreational usage after 10:00 p.m. Monday through Thursday, after 9:00 p.m. Friday through Sunday or before 7:00 a.m. on any day shall be subject to approval by the Commission. The provisions of this subsection shall not require the Commission to confirm or validate hours of operation in existence as of the effective date of this Council Policy. The time frames in this section do not include time allocated to clean recreational areas after activities are complete or continued lighting to facilitate clean-up; C. Any proposal to install new recreational equipment or facilities within 100 feet of the exterior boundary of any property zoned for residential use. The provisions of this subsection shall not apply to the replacement or repair of existing recreational equipment or lighting facilities; D. Any proposal to construct or improve recreational facilities or recreational areas that could reasonably be expected to significantly increase noise or traffic in any residential area. The provisions of this subsection shall not apply to the replacement, repair or enhancement of existing equipment or landscape, improvements designed and intended to improve public safety, or modifications to open space or recreational areas that do not significantly increase the area or facilities available for recreational activities. NOTICE The Commission shall, prior to taking any action on any of the proposals described in Paragraphs A - D, provide written notice of the proposal to all owners of residentially zoned property within 150 feet of the property that is the subject of the proposal. The 23 B-15 written notice shall specify the substance of the proposal and the date, time and location of the meeting at which the proposal is to be considered. In determining the ownership of property the City shall use the latest equalized assessment roll. The exterior boundaries of each parcel shall be used in calculating the distance between the residential parcel and the property that is the subject of the proposal. APPEAL Any person shall have the right to appeal to the City Council any Commission decision on any of the proposals described in Paragraphs A - D. The appeal must be in writing and filed with the City Clerk within fourteen days after the date on which the Commission took action on the proposal. The appeal shall not be accepted unless accompanied by the fee established by Resolution of the City Council. The hearing on the appeal shall be scheduled within thirty (30) days after the appeal is filed with, and accepted by, the City Clerk. The City Council shall, in ruling on the appeal, consider the information, documents and testimony presented to the Commission and other relevant information known to the appellant when the matter was presented to the Commission. COUNCIL CALL-UP Any member of the City Council shall have the right to call up for review (call-up) any action or decision of the Commission on any of the proposals described in Paragraphs A - D. The hearing on the "call up" shall be conducted in accordance with the procedures for an appeal as specified in the Appeal section of this policy. The only reason for a City Council call-up shall be for the entire body to hear the matter. Adopted - September 13,1999 Reassigned - April 8, 2003 Amended - , 2017 Formerly I-27 24 we MAXIMIZING PUBLIC ACCESS TO CITY PARKS The purpose of this policy is to maximize access for the general public to the parks of the City of Newport Beach. As steward of the coastal parks and beaches, the City Council establishes the following guidelines for reserved use of those City parks in high traffic areas: A. Reservations for the use of Inspiration Point and Lookout Point shall be permitted only during the non -peak tourist season, specifically the period after the Labor Day weekend in September to, but not including, Memorial Day weekend in May: B. Groups of more than 20 attendees or participants may not reserve the following view parks at any time: John Wayne Park , Galaxy View Park Inspiration Point Lookout Point Sunset View Park C. Reservations for use of City park areas can only be made through the City, with payment fees established by resolution of the City Council. D. The Park Patrol Program undertakes the program of educating the public on the rules and regulations for use of all City parks, especially those of high use and during the peak summer season. E. Exceptions to this policy shall only be events co-sponsored by the City of Newport Beach, such as the Corona del Mar 5K Race, and for events at Galaxy View Park approved through the Special Event Permit process. Adopted - February 26, 2002 Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - May 12, 2015 Amended - Formerly I-28 25 B-17 PARKS FACILITIES AND RECREATION PROGRAM DONATIONS PURPOSE The City Council recognizes the need to promote community involvement and active participation in quality of life components throughout the community, and the need to establish a fair, equitable, and uniform procedure for which gifts may be donated to the City. This policy establishes criteria for donations to assure area compatibility, attractiveness, usefulness, and the capability to be maintained. Each donation considered for inclusion in the City park public improvement and street system will be subject to established limitations and guidelines for the particular area. POLICY A. Acceptance of donations of cash or tangible items 1. Based on the value of the donation, appropriate City staff will review the acceptability of any donation and determine if the benefits to be derived warrant acceptance of the donation. 2. Criteria for evaluation includes consideration of any immediate or initial expenditure required in order to accept the donation, the potential and extent of the City's obligation to maintain the donation, and the community benefit to be derived from the donation. 3. The cost of a tangible donation shall include a 10% maintenance fee paid for in full by the donor. This maintenance fee is in addition to any other fees or charges. B. Types of Donations Donations may be received in the form of cash, real, or personal property. Restricted donations are those donations that the donor specifies for a particular City location or purpose. Unrestricted donations are those donations that are given to the City for unspecified use. 1. Cash Gifts a. Donation of cash or items valued at or below the amount set in City Council Policy F-3 may be accepted by the City Manager. However, any donation considered a park facility improvement that would 26 B-17 result in an installation of a permanent fixture in the parks must be in compliance with subsection 4 of this policy, Park, Public Improvement, and Street Amenities. b. Donations above the amount set in City Council Policy F-3 for the City Manager may be accepted by the Parks, Beaches and Recreation Commission. C. Gifts of funds may be designated for restricted or unrestricted use. Gifts of cash or items that have a restriction must first be approved by the City Council. d. Gifts of funds accepted by the City imply no other obligation besides using donated funds for the specified purpose. 2. Trees Tree donations add beauty to City parks and facilities. Trees may be donated and installed at parks and parkway locations recommended by the Municipal Operations Director and approved by the Parks, Beaches and Recreation Commission. The minimum size of tree donations must be 36" boxed containers unless waived by the Commission. Tree donations are limited to specific species listed on the Parkway Tree Designation List and/or matching the landscape in park locations. 3. Benches Bench donations may be donated and installed in different areas of placement including parks, streets, along the beachfront, within villages, commercial districts, neighborhoods, on a specific island, etc. The Parks, Beaches, and Recreation Commission, with the assistance of Municipal Operations staff, shall designate the type, style, design, and placement of City -owned benches on City property. a. An inventory of designated benches and available bench locations will be maintained in the City Donation Catalog. b. Donation requests must be submitted to the Municipal Operations Department and meet the following requirements: i. Bench donations along a city street, beachfront or other public right of way will require the approval of the Municipal Operations Director. 27 B-17 ii. Bench donations within a commercial district will require notification of, and an endorsement from, the local business association, if applicable. iii. Bench donations for parks and facilities within a residential community will require notification of residents and an established homeowners association or common interest development, when applicable, within 300 feet of placement. 4. Park, Public Improvement, and Street Amenities Other amenities such as drinking fountains, tables, and other equipment that will improve public places in parks, in and/or around public buildings, streets, walkways, and trails may be donated to the City. a. Other amenities that may be donated will be identified in the City Donation Catalog. b. Donation of public amenities valued at or below the amount set forth in City Council Policy F-3 may be accepted by the City Manager. C. Donation of public amenities valued at the amount set forth in City Council Policy F-3 and above may be accepted or declined by the Parks, Beaches and Recreation Commission. d. Donations to be installed on public sidewalks shall meet the criteria described in Policy L-15 Encroachments on Public Sidewalks and approved by the Public Works Director and Municipal Operations Director. C. Naming Rights Donors may receive naming rights on capital improvement projects for which any donation matches or exceeds 75% of the total budgeted cost for the area benefiting from the donation. All such donations will be submitted to the City Council for acceptance of the donation and the name to be applied to the project in keeping with City Council Policy B-9 — Naming of City Parks & Facilities. D. Sponsorships Special Events are recognized as fundraising activities. Where donations or sponsorship of a special event will require some form of recognition, and, in order to provide recreational opportunities, corporate or organizational sponsors may be recognized by use of logos and name on event banners and signage. Signs and literature at all such special events would be at the discretion of the appropriate B-17 Department Director. The size, scale and location of corporate logos and names should not dominate the event facilities or area. Corporate logos and/or names should not be displayed in a manner that would, in any way, suggest the endorsement of the Department or the City. All signs must comply with the City's existing sign code and Council Policies B-3 and B-8. E. Right to Decline The City of Newport Beach reserves the right to decline any donation if, upon review, acceptance of the donation is determined to be not in the best interest of the City. F. Special Privileges Making a donation or co -sponsoring a special event does not entitle a sponsor/ donor to any special privileges other than those stated in this policy such as recognition, plaques or displays at events, unless otherwise agreed upon and approved by the Department Director or the City Council when appropriate. G. Reserved H. Acknowledgements 1. Letter of acceptance of donation will be sent to donor. 2. In some cases, recognition of donations may be given at Commission or Council Meetings. 3. Plaques are reserved for donations meeting the following criteria: a. Donors providing donations valued at $1,000 to less than $4,000 may elect to provide a dedicatory plaque not exceeding 2" x 6" with a name designated by the donor preceded by one of the following: "Donated by", "Donated for", "In recognition of", "In Loving Memory" or "In Memory of". b. Donors providing donations valued at $4,000 or greater may elect to provide a dedicatory plaque not exceeding 5"x7" with name, date and dedication wording not exceeding 25 words. Plaque content must be approved by the Parks, Beaches & Recreation Commission. C. Donors providing donations valued at least $1,000 that recognize individuals or organizations that have provided distinguished long term and/or significant service to the City may include a dedicatory plaque not exceeding 5"x7" with name, date and dedication wording not exceeding 25 words. Individuals can include City employees 29 M. I with 25 or more years of distinguished service, as determined by the PB&R Commission. d. Plaques are at the expense of the donor, the City will assume ownership and maintenance of the donated item and plaque however, the City does not assume replacement costs due to vandalism or theft. Plaques will remain on a donated item during its useful life. The City reserves the right to remove and/or relocate the donated item. e. Plaque information will be entered on the Gift Donation Catalog application form and ordered by the City. Adopted - May 9, 2006 Amended - February 24, 2009 Amended - June 26, 2012 Amended - , 2017 Formerly G-5 30 MEDIA RELATIONS PURPOSE D-1 A continuing responsibility of the City of Newport Beach is to provide timely, accurate and factual information to residents, businesses and visitors. In order to meet that responsibility, the City must work in partnership with the news media. To ensure that the City communicates effectively with media representatives, the following procedures shall be followed and adhered to by all City staff, boards, commissions, and committees. A. Print and Broadcast Media Spokespersons Designated Spokespersons 1. The City Manager, City Attorney, Assistant City Manager, Assistant City Attorney, Department Directors, Public Information Manager, Fire or Police Public Information Officers, designated departmental representatives (such as on -duty Watch Commander), or City Manager designee, may handle routine requests from the media that are within their area of expertise. All other employees should refer the reporter to the Department Director, Public Information Office or designated department representative. Potential Controversial Issu 2. The, City Manager, City Attorney, Assistant City Manager, Assistant City Attorney, and Department Directors may address questions from the media on sensitive issues relating to their area of expertise, including topics that may affect City policy and/or matters that may ultimately result in Council action: B. Release of Information 1. Approval News releases shall be prepared and routed to the Public Information Office for review before they are released to the media. The City Manager or Assistant City Manager will have final approval on all news releases except announcements regarding special events and routine activities. 1 D-1 Exception. Fire and Police responses to emergencies in the community may be reported directly to the media by a designated department spokesperson with the approval of the Fire or Police Chief or their designee. Investigations and routine community relations activities may also be reported directly to the media by the designated Fire or Police Department spokespersons. All news releases should also be copied to the City Manager and the City's Public Information Office. 2. Format All City representatives shall use standard City of Newport Beach news release stationery and follow City news release format and writing style to distribute information to the media. News releases shall include the name of and contact information for the designated spokesperson to contact for additional information. 3. City Council Notification All news releases shall be distributed to the Mayor and members of the City Council prior to release to the media if practical, or immediately thereafter. 4. Staff Notification All information - written or spoken - released to the media by a member of the City staff will be immediately communicated via e-mail to the City Manager, appropriate Department Head and Public Information Office. The e-mail should contain a brief synopsis of the information communicated, the name and phone number of the person interviewed, the reporter's name, the name of the media outlet, and when the story is expected to appear. 5. Release of Reports Reports prepared by City staff for submission to the City Council shall not be shared with the media or the general public until the agenda packets have been delivered to the City Council. 2 D-1 6. Confidential Information News Releases shall not contain information, which is confidential pursuant to provisions of State or Federal statutory or decisional law, or which has been received by the City pursuant to a representation of confidentiality. Documents or information exempt from disclosure pursuant to provisions of the California Public Records Act shall not be contained in any news release without City Attorney approval. No City representative will release public information contrary to the provisions of the California Public Records Act, the Brown Act, the California Penal Code, cases interpreting those statutes, or City of Newport Beach policy. Any questions related to Public Records Act requests should be directed to the City Clerk's Office and the City Attorney's Office. C. Guidelines 1. Litigation, Personnel, Election Issues Due to legal and privacy concerns, any request for information related to litigation, personnel or election issues must be handled by the appropriate department. This information includes: private employee information, employee disciplinary actions, matters considered in closed sessions of City Council, certain law enforcement records, certain Fire and EMS records, matters related to internal and external security, privileged communication records and work products of the City Attorney or special legal counsel, draft correspondence or documents, and records pertaining to litigation where the City is a party. • Media inquiries regarding pending or ongoing litigation should be referred to the City Attorney's Office. • Questions regarding personnel issues or matters should be referred to the Human Resources Department. • Any inquiries regarding election or campaign issues should be referred to the City Clerk's Office. In all cases, especially if there is any question as to which department should respond to the inquiry, the department should notify the City Manager and the Public Information Office about the inquiry. 3 D-1 2. Personal Points of View City staff members and members of boards, committees and commissions (BCC) have a right to their personal points of view and the freedom to express their opinions. Any staff member or BCC member that identifies themselves as an employee or BCC member of the City of Newport Beach must clearly indicate that said opinions do not represent those of the City, but are the employee's or BCC member's personal opinions. In addition, media contact made as a private citizen may not be communicated or prepared on City time, stationary, equipment or in any way at City expense. 3. General or Routine Media Requests (events, meetings, etc.) Routine media requests may be handled by any employee if the information provided is of a factual, incidental or inconsequential nature such as confirming a meeting time or providing scheduling, location or other routine information about a City event or activity. 4. City -initiated Media Contacts/ Information Distribution Proactive media contacts should be made by the Public Information Manager (or the City Manager's designee) or the Police and Fire Public Information Officers. This includes issuing news releases and media advisories and making proactive, personal contact with news reporters or editors requesting coverage. All staff, including the Designated Spokespersons identified in Section A-1 of this policy, must work through the Public Information Office or the Police and Fire Public Information Officers in initiating media contact. 5. Errors in Reporting Reporting errors should be brought to the attention of the Public Information Office. The Public Information Manager, in conjunction with the City Manager or the appropriate Department Head, will determine if the reporter should be contacted about the error. 4 D-1 6. Crisis or Emergency Issues During a crisis or an emergency as defined in Newport Beach Municipal Code Section 2.20.020, or any successor section, all media relations will follow the guidelines specified in the City's emergency operations plan. Adopted - November 23,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - April 23, 2002 Amended - October 14, 2008 Amended - , 2017 Formerly G-3, D-6 5 D-1 For fii-,her i^�Grxctic^ ccon.clu Nome_ 7e! a:�hcrc.! C;N "CII F1vd,,' • f' ^x 171.8 + N2.-wp rtRzcch. Co: i'or1,,c PRo!�-i• 1 (65 DIGITAL COMMUNICATION PURPOSE: D-5 Digital communication tools and channels enable the City of Newport Beach to efficiently inform and engage residents, businesses and visitors. They also enable greater public access to City information and services. Digital communication tools and channels include, but are not limited to, websites, social media platforms, photo and video sharing sites, wikis, blogs, and mobile content. City officials, staff and others who share and receive information on behalf of the City shall use digital communication channels and tools in ways that are professional, consistent and coordinated, maximize transparency and clear communication, maintain the security of the City network, and adhere to all other applicable laws and Council and administrative policies. CITY WEBSITES The City of Newport Beach websites have been created and maintained for exclusive use by the City in communicating information relevant to the City's mission to the public. The City websites are not public fora for debate or discussion of controversial issues or topics. A. Content The City's websites shall be used to convey timely information about City services, officials, programs, projects and events to the local community and the general public. Content on City websites must be approved, prior to posting, by an authorized member of the City staff. The City exclusively controls the content of all City websites. 1. Political Speech Prohibited. No City website will be used to support or oppose a local or statewide ballot measure. No City website will be used to support or oppose any campaign for public office. 2. Commercial Speech Prohibited. No City website will contain commercial advertising. A City website, may however, contain a list of sponsors that have supported a City event or program. 1 D-5 B. External Links The City of Newport Beach website may provide hyperlinks (hereinafter "links") to external websites that provide additional information on selected topics. Links shall be posted at the City's sole discretion, and shall not be posted at the request of third parties. City websites shall only contain external links that: (1) are determined to fall within the categories described below, and/or (2) are determined to be consistent with the purposes of this Policy as stated above. No external links shall be construed as an endorsement of, and the City of Newport is not responsible for, the content of any such external websites. An external link is not intended to create a designated or limited public forum on any portion of the City website. If the City decides to post an external link on one of its websites, the City alone shall determine how, when and where links are located on its website. 1. The City Manager or his/her designee may approve links within the following categories: a. Other government agencies; b. Firms with franchise agreements with the City, such as for utilities, cable TV and/or internet service, waste removal and other similar companies which provide service to residents of the City under agreement with the City; C. Links to corporate or company sites that provide web -based automated solutions specifically designed for use by the City and/or the public through the City website. These applications may be hosted internally or externally; d. Organizations in a direct contractual relationship with the City, that receive funding in the form of either monetary or in-kind contribution from the City to promote the economic and cultural development of the City, in areas such as commerce, dining, tourism, and arts and entertainment within the City; e. For the Newport Beach Public Library ("Library") website, and/or any section of the City website used for Library purposes, links that support the Library's mission to meet the cultural, educational and informational needs of Library customers. 2. The City website shall not include links to websites that: K D-5 a. Promote or exhibit hate, bias, discrimination, "adult-oriented" material or material not suitable for viewing by persons of all ages, or material with libelous or otherwise defamatory content; b. Advocate the agenda or position of a political party, candidate for elected office, ballot initiative, or campaign or fundraising websites of holders of or candidates for political office (whether elected or appointed), unless (1) the link is to a website that contains only speech the City wishes to adopt as its own, as indicated by an action adopted by Council, and (2) no violation of Government Code Section 54964 (prohibiting expenditures of public funds on any communication that expressly advocates approval or rejection of a clearly identified ballot measure, initiative or candidate certified to appear on a local ballot) is reasonably likely to result. No linked website shall post communications on its homepage that expressly advocate the approval or rejection of a clearly identified ballot measure or candidate certified to appear on the local ballot; if it does so the City shall remove the link from the City websites immediately. The City websites shall remain consistent with federal policies on Gov Internet domains that prohibit references and links to specific websites operated by campaigns and any campaign entity or committee, and websites containing political acronyms or party names; C. Violate any of the City's equal opportunity policies; and/or d. Are personal in nature and are operated by individuals. (This category shall include all blogs and chat groups.) C. Accessibility & Response Goals 1. City websites will comply with accepted disability access design standards. 2. It is the goal of the City to respond to voicemails and electronic correspondence within twenty-four (24) hours of the date received. D. Service Marks, Trademarks and Copyright All intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to any and all text, material, images and/or content appearing on or accessible through the City website, belong to the 3 D-5 respective owners of these rights. The City owns all other intellectual and proprietary property rights, including copyrights and rights to service marks and trademarks, as to the City Seal, all City logos, symbols, emblems, and any and all other images, designs, content and materials created by or on behalf of the City that appear on or are accessible through the City website. No person or entity shall: modify and or use the text, images or other City website content from a web server; distribute the City's web content; or "mirror" the City's information on a non -City server without written permission from the City Manager or his designee. SOCIAL MEDIA The City of Newport Beach utilizes social media platforms to provide information to and interact with its citizens and the general public. Messages and content posted on social media platforms may constitute speech on behalf of the City, but such speech takes place on a non -City venue. Therefore, the City Council finds and intends that speech posted on social media platform venues by City representatives, and comments by the public posted on social media platform venues in response, do not create a public forum or limited public forum on any portion of the City's websites, equipment or other such City property. A. Social Media Sites The City of Newport Beach official website at www.newportbeachca.gov (or any domain owned by the City) is the City's predominant internet presence and the primary location of its electronic information. When possible, social media site shall link to the City's official website to facilitate public access to forms, records, documents and online services. Social media sites created on behalf of the City of Newport Beach must first be approved by the City Manager's Office and the appropriate Department Head. B. Official Social Media Use All use of social media by any City department, employee, board, committee or commission member, or consultant, on behalf of the City of Newport Beach will comply with the following: 1. Only those authorized by the City Manager or a Department Director to speak on behalf of the City and convey information regarding City programs, projects, policies or any other such City business on social media platforms may communicate on the City's behalf on the subject of City matters on any social media platform. This includes initiating statements on, or responding to comments received from, various social media outlets in any manner that 2 D-5 members of the public might perceive as a statement on behalf of the City of Newport Beach. 2. City employees or members of a board, committee or commission wishing to express their personal points of view on a social media platform may do so on their own time and equipment. If, on their own time and equipment, a City representative comments about a City matter or issue on a social media platform, they should identify themselves as being affiliated with the City and clearly indicate that their opinions and statements are their own and are not the representations of the City of Newport Beach. 3. Representatives of the City of Newport Beach utilizing social media shall, at all times, conduct themselves in an appropriate and professional manner. 4. All City social media sites and users (including use of non -City Social Media sites for communications related to City business) must conform to all applicable federal, state and local laws and City Council and City administrative policies. COMMUNICATION THROUGH DIGITAL COMMUNICATION CHANNELS Communication made through the City website shall in no way be deemed to constitute legal notice to the City or any of its departments, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against the City or any of its departments, officers, employees, agents, or representatives, where notice to the City is required by any federal, state or local laws, rules, or regulations. The City does not accept service of notice or process through its website. DISCLOSURE AND DISCLAIMER While the City endeavors to keep content on its website and social media sites accurate and timely, the City neither warrants nor makes representations or endorsements as to the quality, content, accuracy, timeliness, or completeness of the information, text, graphics, links, and/or other items or material contained on or within the City digital communication tools and channels, its server or any other server accessible through the City website. Any and all such information, text, graphics, hyperlinks, and/or other items or material are distributed, made available and transmitted "as is", without warranty of any kind, whether express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, and any and all such warranties are expressly disclaimed. R D-5 Adopted - July 28, 2009 Amended - , 2017 This Policy Combines Former City Council Policies D-5 and D-6. ECONOMIC DEVELOPMENT POLICY PURPOSE m • 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. POLICY IMPLEMENTATION 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 City Council. Adopted - March 22,1993 Amended - January 24,1994 Amended - May 8, 2001 Amended - June 10, 2008 Amended - September 27, 2011 Amended - , 2017 Formerly F-28, F-17 Formerly K-10 13 E-1 PUBLIC RECORDS ACT POLICY PURPOSE The purpose of this policy is to ensure a prompt and appropriate response to all Public Records Act ("PRA") requests. POLICY This Policy applies to all requests for City of Newport Beach ("City") records pursuant to provisions of the PRA found in Sections 6250 et. seq. of the Government Code of the State of California. The PRA applies to records that are paper (hard copy) or electronic (computerized) prepared, owned, used, or retained by the City. Generally, the PRA requires disclosure of City records within ten (10) calendar days unless there is a statutory basis for non -disclosure, "unusual circumstances" justify an extension of time, or the City determines that the public interest in non -disclosure significantly outweighs the public interest in disclosure. To facilitate a prompt and appropriate response, all PRA requests shall be processed as follows: A. Each Department Director shall designate one (1) staff member, and one (1) alternate staff member to serve as the PRA representatives for their department ("PRA Staff"). The City Clerk shall maintain a list of PRA Staff. Department Directors shall periodically review the PRA Staff list to ensure it contains the most current information. B. Any City employee, officer, or Department Director (collectively, "Employee(s)") receiving a written PRA request for City records shall, on the day of receipt, deliver a copy of the request to their respective PRA Staff. C. Any Employee receiving a verbal PRA request for City records should ask the requester to confirm the request in writing and, if the requester declines, prepare a written record of the request. The Employee shall then deliver a copy of the request to their respective PRA Staff on the day of receipt. D. Requests for City records must sufficiently describe the records sought so that identification, location and retrieval can be accomplished. When a request to inspect/copy a City record is received, and the request does not describe a reasonably identifiable record, Employees are responsible to assist the requesting party as reasonably necessary to identify the records they are seeking. E-1 E. City records may be inspected at any time during regular office hours. However, as a practical matter, the City may need to locate the requested records, gather multiple records, or redact exempt information prior to inspection. As soon as possible but not more than two (2) business days after receiving a request for a City record, PRA Staff shall review the request and proceed as follows: 1. If the request seeks a City record that is easily identifiable, locatable, and disclosable (e.g., contracts, staff reports, City Council Policies, etc.), PRA Staff shall respond directly to the requester with the City record(s) sought; or 2. If the request seeks a City record that is not easily identifiable, that relates to pending or anticipated, litigation, involves multiple departments, requires more than two (2) business days to compile responsive documents, is not disclosable (e.g., personnel records, legal correspondence, confidential informant information, etc.), or raises a question as to whether the record is disclosable, the request shall be forwarded to the City Clerk's PRA Staff, with a "cc" to the City Attorney's PRA Staff. F. Within two (2) business days of receiving a request from PRA Staff, the City Clerk or his/her designee shall review the request and proceed as follows: 1. If the request seeks a City record that is retained by the City Clerk's Office the City Clerk or his/her designee shall respond directly to the requester with the City record(s) sought; or 2. If the request seeks City records retained by a department or multiple departments the City Clerk or his/her designee shall forward the request to the responsible PRA Staff within each department with directions on how to proceed. The City Clerk or his/her designee may designate one (1) department's PRA Staff as the lead department to respond to the request or may retain lead responsibility for a response within the City Clerk's Office, in which case the City Clerk's Office will gather all responsive documents and respond directly to the requester with the City records sought. If a department's PRA Staff is designated with lead responsibility the department shall gather all responsive City records from its own department and other departments, if any, and shall respond directly to the requestor with the City record(s) sought; or 3. If the request seeks City records that relate to pending or anticipated litigation, City records that may not be disclosable, or City records that raise E-1 a legal question, the City Clerk or his/her designee shall contact the City Attorney's Office for assistance. G. The City Attorney's Office is available to assist the City Clerk's Office with any questions or issues that may arise regarding a PRA request. The City Attorney's Office shall evaluate all record requests referred by the City Clerk's Office and recommend an appropriate response. H. All PRA requests shall be responded to within ten (10) calendar days after the request is received by the City unless "unusual circumstances", as defined in California Government Code Section 6253(c) or any successor statute, require additional time not exceeding fourteen (14) calendar days. The City Attorney's Office shall be copied on all written requests for additional time. I. Once a request is made to inspect a City record and the records identified are located in the electronic communication system, the Employee having control of the electronic communication shall use his/her best efforts, to temporarily preserve the record until it is determined if the record is subject to preservation, public inspection, or production. j All PRA requests for electronic communications should be handled in accordance with this Policy, and departmental policy and direction. All electronic communications that constitute an identifiable City record and that are not privileged or exempt from disclosure shall be disclosed in compliance with the applicable provisions of the PRA. K. The City is obligated to produce disclosable City records upon payment of fees covering direct costs of duplication or a statutory fee, if applicable (a fee is not applicable to a request to inspect documents). The City is not entitled to recover costs associated with searching for or retrieving the record unless specifically authorized by State law. The requestor should be referred to the Finance Department for payment of the costs of duplication prior to release of the records. L. An Employee is authorized not to disclose City records pursuant to a PRA request when: 1. The request does not reasonably describe an identifiable record after the City makes a reasonable effort to elicit additional clarifying information to help identify the record(s); E-1 2. The request requires the City to compile data, perform research or create new records not currently in existence; 3. The request seeks records which are privileged or exempt from disclosure; or 4. The request seeks records that cannot be reasonably separated from records which are exempt from disclosure. Any questions related to the applicability of a particular exemption shall be referred to the City Clerk's Office and, if necessary, the City Clerk's Office will refer the , question to the City Attorney's Office (e.g., a request for a document regarding a City Council communication, etc.). Any legal questions regarding a request may be referred directly to the City Attorney's Office. M. The City Clerk, with assistance from the City Attorney, will monitor compliance with this Policy and State law regulating the PRA. Adopted - January 24, 1994 Amended - April 23, 2002 Amended - January 24, 2012 RETENTION, REMOVAL, AND MAINTENANCE OF CITY TREES GOAL OF POLICY To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest with an inventory that the City can reasonably maintain in a healthy and safe condition through the efficient use of City resources. To require that in approving any tree removal or reforestation request, the Parks, Beaches and Recreation Commission ("Commission ") shall find that the tree removal request will not adversely impact the overall inventory, diversity and age of the City's Urban Forest. PURPOSE The purpose of this policy is to establish definitive standards for the retention, removal, maintenance, reforestation, tree trimming standards, and supplemental trimming of City trees. City trees are an important part of the character and charm of the entire City and provide environmental benefits as well. Regular care, trimming, root pruning, maintenance, and programmed replacement are necessary to preserve this charm while at the same time protecting views consistent with City Council Policy G-3, providing personal safety, and preventing public and private property damage and providing a sustainable urban forest. The City classifies public trees in one of three categories: Special City Trees, Problem City Trees, and Standard City Trees. I. SPECIAL CITY TREES It is the City's policy to retain Special City Trees ("Special Trees") categorized as Landmark, Dedicated, or Neighborhood trees, because they have historical significance, and/or contribute to, and give character to, a location or to an entire neighborhood. Landmark, Dedicated, and Neighborhood trees are identified by species in Attachment 1, and shall hereinafter be collectively referred to as Special Trees. Trees within these three categories shall be identified, mapped, recorded and administered by staff for the Commission. When staff proposed modifications, the Commission shall review the Special Tree list and forward recommendations for additions or deletions to the City Council for approval. Landmark Trees are identified as those individual Special Trees that possess historical significance by virtue of their size, age, location, or species. G-1 1 Dedicated Trees are Special Trees donated in the memory of specific individuals or organizations. Neighborhood Trees are Special Trees that by their unusual size, number, species, or location lend a special character to a residential, commercial, or business area. All Special Trees shall be retained, unless there are overriding problems which will require their removal such as death, disease, interference with infrastructure, or the creation of a hazardous situation. Prior to considering the removal of any Special Tree(s), the Municipal Operations Director, or designee, shall prepare a report identifying and implementing specific treatment to retain the tree(s). If specific treatment is unsuccessful or impractical in retaining a tree(s) then a full staff report shall be made to the Commission before any further action considering removal is taken. Prior to any removal of Special Tree(s), the City must comply with the noticing provisions of the Removal of City Trees Section set forth in Section W.A. of this Policy, unless a Special Tree is considered so hazardous as to necessitate an emergency removal. In the case of emergency removals, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree. Long term, most trees reach maturity and decline, and will be replaced one-for- one with the same species or the closest equivalent wherever possible. During normal sidewalk, curb, and street repair activity requiring root pruning, all steps shall be taken to retain Special Trees. If tree roots are to be pruned in association with sidewalk, curb, and gutter improvements, sufficient timing in advance must be planned to ensure that pruning will not destabilize or kill the tree. If both sides of a Special Tree's roots are to be pruned, one side should be pruned six months to a year in advance of the other side depending upon the species and other related factors. If root pruning methods are not practical and/or critical to the health of the tree, then alternate or special hardscape improvements should be considered by the City in order to retain the tree providing that costs are reasonable. All proposed root pruning or other tree treatment shall be evaluated and approved by the City Arborist. Special Trees may be considered for removal in conjunction with a City Council - approved beautification project utilizing the Removal of City Trees procedures noted in Section W.A. of this Policy. G-1 2 II. PROBLEM CITY TREES A Problem City Tree ("Problem Tree") is defined as a tree that by virtue of its species causes excessive hardscape or utility damage due to its excessive root system. The following trees are defined as Problem Trees: • Ficus nitida (Indian Laurel Fig) • Ficus rubiginosa (Rusty Leaf Fig) • Ficus benjamina (Weeping Fig) • Erythrina caffra (Kaffirboom Coral Tree) • Fraxinus uhdei (Shamel Ash) • Cupaniopsis anacardioides (Carrotwood) • Liquidambar styraciflua (American Sweet Gum) • Schinus terebinthifolius (Brazilian Pepper) Problem Trees shall not be designated as City parkway trees on the Street Designation Tree List of City Council Policy G-6, unless they are Special Trees. Problem Trees that are not designated Special Trees may be removed for the following reasons: A. The Problem Tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant documented private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The Problem Tree has had a repeated history of significant interference with street or sidewalk drainage, despite specific treatment by the City to alleviate repeated damage; or C. The Problem Tree has created, in the opinion of the City Arborist, a view impediment that cannot be resolved by normal nor alternative tree trimming procedures. Problem Trees may be proposed for removal by either staff or private property owners. The Municipal Operations Director, has theauthority to remove Problem Trees. No more than 50 Problem Trees may be removed per year by staff under these criteria without special approval of the Commission. Replacement trees of a 36 -inch box size shall be planted if funding, availability and growth space permits. G-1 3 Staff is responsible for notifying the adjacent property owner, the legally established homeowners association, if applicable, and the Councilperson of the district where the removal is proposed, of the intent to remove a Problem Tree. The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. The cost to remove and replace Problem Trees will be the sole responsibility of the City based on funding, availability and growth space. III. STANDARD CITY TREES A City tree which is located on City real property (parkways, parks, other City - owned property) and not designated as a Special or Problem Tree is designated as a Standard City Tree ("Standard Tree"). It is the City's policy to retain Standard Trees unless removal is necessary for one of the following reasons: A. The City tree has had a repeated history of damaging public or private sewers, water mains, roadways, sidewalks, curbs, walls, fences, underground utilities, or foundations based on City records or other competent and reliable authority. Water or sewer blockage that results from tree roots and causes significant public or private property damage (greater than $500.00) shall be sufficient criterion for tree removal; or B. The City tree has had a repeated history of significant interference with street or sidewalk drainage; or C. The City tree is dead, diseased, dying, or hazardous, and presents a liability to the City. A dead tree is one that has been assessed by the City Arborist and found to have deceased. Diseased trees are defined as those trees that cannot be cured by current arboricultural methods, are in an advanced state of decline, and have no prospect of recovery. Dying trees are those that have no prospect of recovery. Hazardous trees are defined as those that are defective, have a potential to fail, and would cause damage to persons and property upon failure. The City Arborist will perform a hazard assessment whenever a tree is identified as hazardous. The assessment will identify: structural defects of the tree, parts of the tree most likely to fail, targets where imminent personal injury or property damage may result with tree failure, and procedures or actions necessary to abate the hazard. After assessment, the City Arborist will expeditiously convey his written findings and recommendations to the Municipal Operations Director for evaluation. If the Municipal Operations Director agrees with the City Arborist findings to remove a tree, the hazardous tree G-1 4 will be removed without further delay. In the case of imminent tree failure, the Landscape Manager or the City Arborist shall have the authority to direct the removal of a hazardous tree; or D. The tree(s) have been requested to be removed in conjunction with a City Council -approved City, commercial, neighborhood, or home owners' association beautification program; or E. The City Manager, upon the advice of the Municipal Operations Director, City Attorney, Risk Manager or the Traffic Engineer, shall have the authority to remove individual Problem or Standard Trees to resolve claims or safety issues. IV. REMOVAL OF CITY TREES The initiation to remove City tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners' association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form available on the City's website: kykv,��,.newportbeachca.go%,. The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis, as funding, availability and growth space permits. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available or funding or space constraints prevent planting of a large tree, then a minimum of a 24" boxed tree will be planted. The full costs of removal and replacement of all City Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or desires to upgrade to a box size larger than 36" planted as a replacement, then the resident will be responsible for the difference in price. A. Removal of Special City Trees • Special Trees may be considered for removal under the same criteria as Standard Trees in Section IV.C. (Removal of Standard Trees) if a special report, prepared by the Municipal Operations Director and approved by the City Manager, is provided to the Commission detailing the necessity of removal and any specific previous treatment of the tree. • Removal of a Special Tree(s) is initiated by submitting an application utilizing the City Tree Removal form, which must be approved by the City Manager. G-1 5 G-1 • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal outlined in. Section IV.C. • Simultaneously, the City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • If a tree(s) is to be removed, the tree(s) will be posted at least 30 days prior to the removal with a sign notifying the public that they have the right to appeal. The sign shall also note a staff contact. • The City Arborist shall also provide a notice of the proposed tree removal to the adjacent property owner (if not the applicant), the private property owners immediately adjacent to the applicant's property, and the appropriate home owners' association if applicable, (not applicable to the emergency removal of hazardous trees under Item C nor to trees that meet the criteria of Item E in Section III (Standard Trees)). • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director or designee and the Director concurs, then the applicant, the adjoining owners, private property owners on either side of the street within 500' in each direction of the tree location and a home owners' association, if applicable, shall be notified of the decision to remove or retain the tree(s) at least 30 days before the proposed removal. A home owners' association is responsible for notification of all association members pursuant to their established procedure. • The Municipal Operations Director, or a designee, shall prepare a staff report for a regularly scheduled Commission meeting of all trees recommended for removal, except for those trees categorized as Item C (dead, diseased, or dying trees) or Item E (claims and safety issues) in Section III (Standard City Trees). • Any appeal to the Council regarding a Commission tree decision must be received by the Municipal Operations Director no later than 14 calendar days following the date of the Commission decision. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon the appeal. • The full costs of removal and replacement of Special Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s), or with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. B. Removal of Problem City Trees • Problem Trees may be proposed for removal by either City staff, a home owners' association, or private property owners by written application utilizing the City Tree Removal form. The Municipal Operations Director has the authority to remove Problem Trees. • No more than 50 Problem Trees may be removed per year by staff without special approval of the Commission. • No more than one of three problem parkway trees in a continuous row may be removed in a one year period without a hearing before the Commission, unless part of a reforestation approved by the Commission. Replacement trees of a 36" boxed size shall be planted if funding permits. • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the legally established homeowners association, and the Councilperson of the district where the removal is proposed of the intent to remove a Problem Tree. • The decision by the Municipal Operations Director to remove a problem tree is final unless called up by at least one Councilperson. The City Arborist shall report the removal of Problem Trees on a monthly basis to the Commission. • The cost to remove and replace Problem Trees will be the sole responsibility of the City based on availability of funding, with the exception of Category C (view) in Section II, which is the sole responsibility of the applicant. C. Removal of Standard City Trees • The initiation to remove a Standard Tree(s) may be made by the staff of the Municipal Operations and/or Public Works Departments, a home owners' association, or a private property owner by submitting an application to the Municipal Operations Director, utilizing the City Tree Removal form. G-1 7 G-1 • After receipt of the application, a Tree Inspection Report shall be prepared by the City Arborist to determine if the tree(s) meets the criteria for consideration for removal as outlined in the above Section III (Standard City Trees). The City Arborist shall determine whether in his/her judgment additional specific treatment can be initiated to retain the tree provided the costs are reasonable. • The City Arborist shall make a finding in regards to inappropriate tree species for a specific location and forward to Landscape Manager. The authority to remove Standard Trees rests with the Municipal Operations Director. • Once a recommendation is made by the City Arborist and the Landscape Manager to the Municipal Operations Director, or designee, and the Director agrees with the recommendation, the City may remove the tree(s). • Staff is responsible for notifying in advance, if applicable, the adjacent property owner, the home owners' association, and the Councilperson of the district where the removal is proposed of the intent to remove a Standard Tree. • Any appeal to the Commission regarding a tree decision must be received by the Municipal Operations Director no later than 14 calendar days following the date of the notice of intent. The Municipal Operations Director will delay any tree removals until the appeal period has expired or until the Commission has acted upon an appeal. • The City will replace all trees removed in accordance with the Standard Trees removal criteria on a one for one basis. Replacement trees will be a minimum of a 36" boxed size. If 36" boxed trees are not available, or funding or space constraints prevent planting of a large tree, then a minimum of a 24" boxed tree will be planted. If resident/ applicant desires to upgrade to a 48" boxed tree or larger, the resident/ applicant will be responsible for the difference in price. • The full costs of removal and replacement of Standard Tree(s) will be the sole responsibility of the City, unless an applicant voluntarily pays for a new tree(s) or desires to upgrade to box size larger than 36" planted as a replacement, then the applicant will be responsible for the difference in price. V. REFORESTATION OF CITY TREES A. Description of Reforestation Reforestation is defined as the concept of systematically replacing Problem or Standard Trees which are creating hardscape and/or view problems and cannot be properly trimmed, pruned or modified to alleviate the problem(s) they create; or those which have reached their full life and are declining in health; or are simply the wrong species of trees for the planted location. It is recognized and acknowledged that many City trees were planted years ago and in some cases were planted with specific species that when fully mature cause damage to curb, gutter, sidewalk or underground utilities. Within the geographical boundaries of certain view neighborhoods, City street trees may encroach into blue water views from public and private property depending on the length of time since the trees were last trimmed, or the, age and height of the trees. In other cases, the wrong species of tree was planted originally and simply does not conform to the current treescape or represents a safety hazard. The City Street Tree Designation List and the City Parkway Tree Designation List attached to City Council Policy G-6 reflect an effort by the City to designate appropriate tree species that will not cause future problems. The City understands the importance of trees and the beauty they bring to a community, and desires to continually improve the urban forest through reforestation. In areas where City trees have been removed through City initiation, the City will endeavor to replace the trees one for one with the appropriate designated street tree. B. Application for Reforestation Individual private property owners, as well as home owners' association, may apply for single or multiple tree reforestations in their respective area by submitting a request to the Municipal Operations Director for consideration by the Commission that meets the following requirements: • The proposed area must have clearly defined contiguous geographical boundaries that include the tree(s) proposed for removal and replacement, street address(es), block number(s), or other G-1 9 geographical information. This Section applies to individual and group requests. • Residential communities, neighborhoods, or business organizations who apply for reforestation must submit a petition signed by a minimum of 60% of the property owners within the area defined for reforestation. The petition content must be approved and dated by City staff prior to distribution by the petitioner. The staff -approved petition must be distributed by the petitioner to a maximum of 30 private property owners (up to 15 contiguous private property owners on both sides of the street up to 500' in either direction from the location of the proposed reforestation). Signatures by non -property owners are not acceptable for petition purposes, and there may be no more than one signature per property. All petition signatures shall be verified by City staff for property owner status of the person(s) signing the petition. As an alternative to the above requirements, areas represented by a home owners' association may submit a resolution of the Board of Directors formally requesting a reforestation with a statement that all members of the home owners' association having their residential views affected have been officially notified and given an appropriate opportunity to respond before the Board voted on the request. Individual private property owners living within a home owners' association with mandatory association membership must petition for reforestation through their respective association. • Individual private property owners not residing within a home owners' association area may submit individual requests for single or multiple tree reforestations. The applicant must submit a petition signed by a minimum of 60% of a maximum of 30 private property owners (up to 15 contiguous private properties on both sides of the street up to 500' in either direction from the location of the proposed reforestation site) as well as the endorsement of the appropriate homeowners association, if applicable. The petition content must be approved and dated by staff prior to distribution. All petition signatures shall be verified by City staff for private property owner status of the person(s) signing the petition. • A written agreement must be submitted to the Parks, Beaches and Recreation Commission by the petitioning sponsor (individual private property owner(s) or group) to pay 100% of the costs of the removal and replacement of the public tree(s) in advance of any removal activity. The actual removal and replanting will be coordinated by the Municipal Operations Department. The total costs shall include only G-1 10 the contractor's removal and replacement costs and be paid in advance of any removal actions. • The replacement tree(s) for reforestation shall be an appropriate tree that meets the criteria of the City's Street Tree Designation List or the City Parkway Tree Designation List as identified in City Council Policy G-6, or the applicant (person, group, or organization must request and obtain approval from the Commission of the designation of a different tree species prior to submitting any reforestation request for a tree species other than the designated street tree, or an appropriate species based on the City Tree Designation Lists. This Section applies to individual or group requests. • There shall be a minimum of a one for one replacement of all trees removed in reforestation projects. Replacement trees shall be a minimum size of 36" boxed trees, unless the parkway space will not accommodate a 36" boxed tree or a tree cannot be planted due to planting restrictions contained in City Council Policy G-6. If there is not room for the replacement tree(s) at a specific site as designated by City Council Policy G-6, then the replacement tree(s) shall be planted in a public area in the same neighborhood at the option of the petitioner. This Section applies to individual or group requests. • Reforestation requests must be completed and submitted in a timely manner by the petitioner. Petitions that are dated more than 90 days past the date stamped by staff before distribution will not be forwarded to the Commission for consideration. The Municipal Operations Director may extend this timeframe in his or her discretion. The completed reforestation application will go to the Commission to decide whether to accept or deny the requested reforestation. The decision of the Commission on reforestation requests will be considered final unless called up by at least one Councilmember or the City Manager. • The City shall require the proper care and watering of replacement trees by the reforestation petitioner to ensure their proper growth and development as outlined in City Council Policy G-6. Section 13.090.030 of the Municipal Code outlines what is expected of property owners in regards to proper care of parkway trees adjacent to their property. G-1 11 VI. TREE MAINTENANCE The City will endeavor to fund the care of the Urban Forest to the highest level possible through the efficient use of regular tree trimming, root pruning, root barrier and pesticide programs in accordance with City Council Policy G-6. Section 13.08.040 of the Municipal Code prohibits any person from tampering with City trees. VII. ENCROACHMENT AND DEMOLITION PERMITS All encroachment permits (permits for private property development which are proposed to encroach upon the City right of way) or demolition permits that involve the removal or replacement of City tree(s) must be specifically noticed by the property owner to City staff prior to the building and/or demolition permit process whenever possible. The proposed construction plans must indicate preservation of existing City trees wherever possible (except trees that are dead, dying, or in an advanced state of decline). If the proposed development requires the removal of City trees, the property owner must submit a tree removal form to the Municipal Operations Director, pay all related tree removal and one for one replacement costs, and meet all provisions of City Council Policies L-2 and L-6 and City Municipal Code Sections 13.08 and 13.09, or any successor policies or sections. Approval or disapproval of all tree removal/ replacement requests associated with encroachment and demolition permits will be the responsibility of the Municipal Operations Director or a designee. VIII. TREE TRIMMING STANDARDS The City Council has adopted tree trimming cycles for trees of different ages and species. Tree trimming cycles and trimming standards shall represent the maximum feasible frequency given current fiscal conditions. Except as provided in the Supplemental Trimming Section below, trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA). In those communities with a home owners' association, periodic tree trimming with an emphasis on height reduction will be considered by the City Arborist upon written request by the association. IX. SUPPLEMENTAL TREE TRIMMING The City will consider requests to trim certain trees more frequently or to trim trees consistent with practices applied prior to the adoption of ISA standards (to enhance public and private views, preserve required sight/ distance standards, or other public purposes) which are submitted by affected private property owners or the board of a home owners' association and the request is accompanied by a G-1 12 completed "Supplemental Tree Trimming Form" and full payment for the requested tree trimming. However, since these practices often require 'topping' or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when supplemental tree trimming is impractical or infeasible as determined by the City Arborist. The Municipal Operations Director shall establish procedures to implement the supplemental trimming provisions of this Policy. In areas with an active homeowners association, approval must be obtained from a legally established association by the requestor of supplemental tree trimming if the requested trimming is to be undertaken within the association boundaries. [Attachment 1- Special Trees] Adopted - May 9,1966 Amended - August 14,1967 Amended - November 9,1976 Amended - November 12,1985 Amended - November 28,1988 Amended - March 14,1994 Amended - April 11, 1994 Amended - February 26,1996 Formerly I-9 Amended - July 14,1997 Amended (Administratively) - November 24,1997 Amended - August 10, 1998 Amended - February 22, 2000 Amended - April 27, 2004 Amended - October 11, 2011 Amended - September 8, 2015 Amended - G-1 13 LANDMARK TREES DEDICATED TREES ATTACHMENT 1 SPECIAL CITY TREES Balboa Boulevard Median Balboa Library Balboa Library Bob Henry Park Castaways Park Lido Hotel Site Dover Drive east of Irvine Avenue Dover Drive at Westcliff John Wayne Park Lido Isle Medians Main Street Ocean Blvd. Corona del Mar Wedge Area West Jetty View Park (near Historical Marker) Westcliff & Dover (Groves) Bike Trail Araucaria heterophylla (1) Eucalyptus globulus (3) Phoenix canariensis (2) Ficus rubiginosa (1) Phoenix canariensis (1) Ficus microcarpa 'Nitida' (2) Erythrina caffra (1) Liquidambar styraciflua (4) Erythrina caffra (1) Pinus pinea (4) Ficus microcarpa'Nitida' (1) Phoneix canariensis (5) Myoporum laetum (2) Phoenix canariensis (2) Eucalyptus globulus (49) Bayside Park Pyrus calleryana (Newport -Irvine Rotary Club) Bayview Park Cinnamomum camphora (Gene Atherton) Begonia Park Bauhinia blakeana (Dr. Leo V. Turgeon) Begonia Park Prunus cerasifera (Cheryl Bailey Ringwald) Bob Henry Park Ficus rubiginosa (Bob Henry) Bonita Canyon Sports Park Melaluca linariifolia (Elaine Linhoff) (Fern Pirkle) Buffalo Hills Park Erythrina caffra (Bahia Community Earth Day Celebration) Buffalo Hills Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) Castaways Park Pinus torreyana (Kevin Murphy) G-1 14 (Mary Louise Romine) Castaways Park Platanus racemosa (Joe Clarkson) (Michael F. Gustin) (Arthur Grant Kidman Junior) (Grover Stephens, PH.D.) (Arthur C. Wahlstedt, Jr.) (John D. Woodruff) Castaways Park Quercus agrifolia (Nancy Bergeson) (Logan David Burley) (Sawyer Dean Burley) (Sawyer Dean Burley) (Bob & Susan Caustin) (Joe Clarkson) (Yen Chu Kuo) (Ryan Lemmon) (Virginia Najera) (Eva Victoria Najera) (David Rapp) (Nancy & Jack Skinner) (Staycee Stone) (Jason Stradtman) (Robert T. Talbot) (Jan Vandersloot) (Jean Watt) Castaways Park Quercus kelloggii (Gregory Courteau) Cliff Drive Park Bauhinia blakeana (Susan Benz) Cliff Drive Park Cassia leptophylla (Francis P. Hemenway) Cliff Drive Park Quercus agrifolia (Gary Lovell) (Dr. Vandersloot) Eastbluff Park Hymenosporum flavum (Lucy Huntsman) Eastbluff Park Ficus macrophylla (Billy Covert) Galaxy View Park Cupaniopsis anacardioides G-1 15 (Trey Hunter) Liquidambar styraciflua Galaxy View Park Metrosideros excelsa (Dylan Ayres) Pinus nigra Gateway Park Cassia leptophylla (Virgina Herberts) Cassia leptophylla Grant Howald Park Cassia leptophylla (Jean & Coalson Morris) Melaleuca linarifolia Grant Howald Park Hymenosporum flavum (Skipper Mark Howes) Grant Howald Park Metrosideros excelsus (Mark Munro) (Pete Munro) Cedrus deodara Grant Howald Park Spathodea campanulata (Cara Lee) (Isy Pease) Irvine Terrace Park Platanus racemosa (U.S. Bicentennial Freedom Tree) (Christopher & Marisha Thomposn) Irvine Terrace Park Pinus pinca (Calif. Bicentennial) Mariners Park Irvine Terrace Park Liquidambar styraciflua (Dana Harmon) Irvine Terrace Park Pinus nigra (Sister City of Okazaki) L Street Park Cassia leptophylla (Tim Van Ostenbridge) Las Arenas Park (Ed Healy) Melaleuca linarifolia M Street median Pinus pinea (Walter Knott) Mariners Park Bauhinia variegata (Sierra Beth) Mariners Park Cedrus deodara (Dr. Anthony & Madeline DeCarbo) Mariners Park Pinus halepensis (Isy Pease) Mariners Park Pinus eldarica (Christopher & Marisha Thomposn) (Meghan & Camiefle Thompson) Mariners Park Pinus radiata (Frank Tallman) Mariners Park Stenocarpus sinuatus (N. Beach Sunrise Rotary Club) No. Mariners Park Pinus radiata (Marcie Schrouder) G-1 s7 G-1 Newport Pier/24th Street Bike Path (Marie "Maxine" Louchis) Old School Park (Mary Jo Tyler) Old School Park (Jean & Coalson Morris) Peninsula Park (Gray Lunde Tree) Peninsula Park (Don Perdue) San Miguel Park (Jon Walters) Spyglass Hill Park (Dennis George Brice) (Edith Mary Brice) Veterans Park (Rosemary Rae Hill Hansen) WCH & Superior Ave City Parking Lot (Louise Greeley) West Newport Park (Russell Marc Beaumont) (Jeff Steven Reinker) Chamaerops humilis Bauhinia variegata Cassia leptophylla Chamaerops humilis Ravenea rivularis Schinus molle Acacia baileyana Lagenstroemia indica fauriei Cassia leptophylla Erythrina caffra West Newport Park Spathodea campanulata (Brownie Girl Scout Troop 2072) Various locations: Castaways Park and Cliff Drive Park slopes (Dr. Jan David Vandersloot & Family) Quercus agrifolia NEIGHBORHOOD TREES 15th Street (Newport Heights) Eucalyptus cladocalyx (13) Along Avon Avenue Eucalyptus globulus (8) Buena Vista and Lindo Avenue Erythrina caffra (1) Candlestick Lane (Baycrest) Eucalyptus citriodora (17) Clay Street Ficus microcarpa'Nitida' (21) (Irvine Ave to St. Andrews Road) Cliff Drive Agathus robusta (4) (north side, west of Dover Drive) Cliff Drive Park Ficus benjamina (1) (Scout House) Commodore Road Corona Del Mar State Beach 601 Dover Drive Dover Drive (Mariners to Irvine) Eucalyptus citriodora (2) Washingtonia robusta (74) Eucalyptus ficifolia (1) Eucalyptus globulus 17 G-1 Adopted - May 9,1966 Amended - November 9,1976 Amended - November 28, 1988 Amended - October, 1993 I:3 Eastbluff Park Ficus macrophylla (1) Glenwood Lane Eucalyptus citriodora (10) Goldenrod Avenue Washingtonia robusta (144) (Ocean Blvd to Fifth Ave) Heliotrope Avenue (Corona del Mar) Pinus radiata (2) Irvine Avenue (17th St. to Dover) Phoenix dactylifera (Date palm) (30) Irvine Avenue (17th St. to Dover) Spathodea campanulata(African tulip) (39) 128 Kings Road Roystonea regia (1) 128 Kings Road Pseudobombax ellipticum (1) L Street Park Quercus suber (39) Leeward Lane Fraxinus uhdei "Tomlinson" (39) M Street Park Pinus pinea (1) Margaret Drive Median Erythrina caffra (1) Marguerite Avenue Phoenix canariensis (81) (Ocean Blvd to Fifth Ave) Marine Avenue (Balboa Island) Eucalyptus (Various Species) (39) Mariners Drive Jacaranda mimosifolia (52) Newport Center Drive Washingtonia robusta (363) Poppy Avenue (Corona del Mar) Eucalyptus rudis (82) Rhine Wharf Park Archontophoenix cunninghamiana (12) Along Riverside Avenue Schinus terebinthefolius (12) (adjacent to Cliff Drive Park) 725 St. James Road Eucalyptus ficifolia (1) Sandalwood Lane Eucalyptus citriodora (3) Santa Ana Avenue Eucalyptus robusta (38) Seaview Avenue (Corona del Mar) Pinus radiata (5) Shorecliffs Entrance Erythrina caffra (40) Starlight Circle Eucalyptus citriodora (10) Via Lido Bridge Eucalyptus globulus (14) Vista Del Oro Median Erythrina caffra (6) Waterfront Drive Schinus molle (16) (Avocado Ave to Acacia Ave) West Newport Park Metrosideros excelsus(55) Adopted - May 9,1966 Amended - November 9,1976 Amended - November 28, 1988 Amended - October, 1993 I:3 Amended - July 14,1997 Amended - January 25,1999 Amended - February 22, 2002 Amended - April, 23, 2002 Amended - April 27, 2004 Amended - May 10, 2005 Amended - September 8, 2015 Amended - G-1 19 G-3 PRESERVATION OF VIEWS The purpose of this policy is to identify the importance of views lost to excessive plant growth. The objectives of this policy are to: A. Preserve and promote the aesthetic and environmental benefits provided by trees and the preservation of views of the surrounding locale, recognizing views can be enhanced and framed by properly maintained trees. B. By example, City will endeavor to maintain all City -owned plants in a manner to maximize public and private view planes. Exceptions can be trees that in themselves enhance either the overall beauty of the area or are included in Preservation of Special Trees list of Council Policy G-1 (Retention or Removal of City Trees). Special requests for view trimming of City trees shall not be honored to protect the tree trimming cycle/schedule unless deemed necessary by the Municipal Operations Director or the resident complies with the provisions of the Tree Trimming Standards/ Supplemental Trimming section of Council Policy G -1.C. Tree trimming shall be in accordance with the standards of the International Society of Arboriculture (ISA) or with standards applied to a particular area prior to the adoption of the ISA standards in the City. These standards may include practices to enhance public views as necessary. However, since these practices often require "topping" or possible disfiguring of a tree(s) and are often aesthetically displeasing and injurious to a tree, reforestation shall be considered when tree trimming is impractical or infeasible as determined by the City Arborist. D. City trees are not affected by nor subject to the terms and conditions under a Homeowner's Association or a private neighborhood's CC&R's. In an effort to preserve views in the 200 blocks of Carnation, Jasmine, Larkspur, Marigold, and Orchid Avenues, the planting of parkway trees is prohibited. Definitions to clarify this policy are: A. Unreasonable Obstruction of View. A tree, shrub, hedge or other vegetation should be maintained on public property in the City in such a manner as to not unreasonably obstruct the view from other property. 20 G-3 B. Views. "View" means a range of sight including pleasing vistas or prospects or scenes. Views include, but are not limited to, the sight of geologic features, bays, oceans, skylines, bridges and parks. Adopted - July 22,1991 Amended - January 24,1994 Amended - March 14, 2000 Amended - Formerly I-12 21 G-4 MEDIAN LANDSCAPING DEVELOPMENTS ON PUBLIC CUL-DE-SACS It shall be the policy of the City Council to permit construction of median landscaping installations on public cul-de-sacs under the following set of conditions: A. Detailed written plans must be prepared and submitted to the Municipal Operations Director by the person(s) or organization desiring to install specific landscaping improvements. 1. Indicate the exact location where the installation is to be constructed. 2. Detail the specific design and materials to be used in the construction of the median island and provide for the relocation of any existing underground utilities which will interfere with the proposed work. 3. Provide for a separate water meter as a part of the landscape median installation and indicate sprinkler system design. 4. Itemize the landscaping materials to be planted in the median island. 5. Allow for sufficient emergency vehicular movements. 6. Be reviewed and approved by both the Public Works and Municipal Operations Directors. B. Written support must be obtained from at least 75% of the homeowners of the affected cul-de-sac circle in favor of the landscape installation to be constructed which must accompany the proposed installation costs and the maintenance of the landscape installation once installed, including necessary water service. Pia G-4 C. If the landscape median is not maintained to the satisfaction of the Municipal Operations Director, the person(s) or organization responsible for installing the landscaped island will be so notified. If the Municipal Operations Director determines that there has not been an improvement in the maintenance within thirty days of such notification, the City will have the median island removed and restored to its former status as a full service street or remove the landscaping and pave the curbed circle with asphalt at the full expense of the responsible person(s) or organization. Adopted - December 8,1969 Amended - March 9,1970 Reaffirmed - December 10, 1973 Reaffirmed - November 11, 1974 Amended - January 24, 1994 Amended - Formerly I-13 23 G-6 MAINTENANCE AND PLANTING OF PARKWAY TREES The City Council is vitally interested in beautification of City parkways. Public cooperation in helping to develop and maintain healthy and attractive parkway trees is encouraged. I. MAINTENANCE OF PARKWAY TREES The Municipal Operations Department will trim the parkway trees on a rotation schedule. An effort will be made to trim the parkway trees on less than a three-year cycle. If the rotation trimming is completed in less than three years, more frequent trimming will be performed on certain trees and in view areas. Public safety issues such as low branches and heavy foliage will be given priority over view trimming. An effort will be made to trim parkway trees located in heavy summer traffic areas during the fall and winter months. Annual trimming of certain species of trees prone to wind damage will be done prior to the winter season. II. TREE DESIGNATION LISTS The City Council has adopted an official street tree list, the Street Tree Designation List, which will be used by the Municipal. Operations Department to determine species for replacement of trees removed from established parkways and for planning purposes in all new subdivisions and commercial developments. A second list, the Parkway Tree Designation List, has been added as a species palette for residents to choose approved, new and replacement, trees based on the size of parkway available for planting. The Municipal Operations Director will have the authority to add species to the Street and Parkway Tree Designation Lists, which will be updated on an annual basis by the Municipal Operations Department staff and reviewed by the Parks, Beaches and Recreation Commission ("Commission') for approval before adoption by the City Council. III. STANDARDS AND SPECIFICATIONS FOR PLANTING PARKWAY TREES General Requirements 1. 72 -hour notification shall be given to the Municipal Operations Department staff prior to the initial installation of parkway trees for approval of species, material quality, and planting supervision. 24-hour notice shall be given prior to all subsequent inspections as required. 24 G-6 2. Position of parkway trees is subject to approval by the Municipal Operations Department, and any tree not properly placed will be relocated at no cost to the City. In the interest of public safety, trees shall be planted not less than: • 15 feet back of beginning of curb returns at intersections. • 10 feet from lamp standards. • 10 feet from fire hydrants. • 5 feet from service walks or driveways. • 10 feet from meters and sewers. • 25 feet from stop signs. 3. Trees shall be a minimum container size of 36" size box. • Condition: Plants shall be symmetrical, typical for variety and species, healthy, vigorous, free from plant disease, insect pests and shall have healthy, normal root system free from being root bound. Trees shall not be pruned nor topped prior to delivery. • Inspection: All plant material shall be subject to inspection and approval by the Municipal Operations Department staff prior to planting. The City has the right to reject any item offered in its sole and absolute discretion. • Parkway Tree Planting: Per City Standards as found in the Tree Planting Detail available on the City's website. W. GUARANTEES 1. 36" boxed trees shall be guaranteed as to growth and health for a period of one year after final acceptance by the Municipal Operations Department staff. 2. Trees that fail to grow or are injured or damaged during planting operations shall be replaced within 15 days after notification. Replacement material shall be guaranteed to be specified as original guaranteed material. 25 M V. ESTABLISHED PARKWAYS For all City Trees in established parkways, adjacent property owners and/or applicants must: • Choose from the species listed on the Street Tree Designation List where it applies, or from the Parkway Tree Designation List for all other areas for planting new and replacement trees. • Accept responsibility for watering and fertilizing new trees. Contact the City Arborist by sending a written request for one or more parkway trees or questions regarding this Policy to: Attn: City Arborist, P. O. Box 1768, Newport Beach, California 92659-1768. 2. The City will: • Approve species, location, and spacing of tree planting. • Furnish, install, stake, and initially fertilize new trees (exception would be trees planted in accordance with City Code 13.09.010). • Prune and spray tree as required. • Approve type of root barriers for installation. • Assume trimming responsibilities. VI. PARKWAYS IN ESTABLISHED RETAIL COMMERCIAL/ OFFICE CENTERS Parkway street trees that are removed because they are diseased or have damaged property may be replaced with the same species of trees (or a species other than the designated street tree) provided (a) the parkway street tree is located adjacent to or within an established retail commercial/ office development; (b) replacement with the same species will maintain the appearance of the streetscape and/or ensure consistency with an established landscape master plan adopted by the adjoining landowner; (c) the parkway street trees have a history of little or no hardscape damage nor injury claims related to hardscape damage caused by the tree; and (d) the property owner has agreed in writing to repair or pay the cost of repair/and or replacement of hardscape or underground utilities damaged by the new trees. [Attachment 1 - Street Tree Designation List] [Attachment 2 - Parkway Tree Designation List] 26 Adopted - November 22,1982 Amended - November 14,1983 Amended - October 22,1992 Amended - January 24, 1994 Amended - July 23, 2002 Amended - April 13, 2004 Amended - August 24, 2004 Amended - September 8, 2015 Amended - Formerly I-19 G-6 27 r� V N m L I E y E E o E E Q L LL m a F_ cc a s cD a) m c� °' -0 -I- L�� a C o E � E E - E~ c� z m c c m 0 0 (Li 0 r 0 r- 0 r 0 r U m O m U m O m m 0 w Z c� m LL LL J v� a) (D a) a� m m ma Orn �'a ': om �'a � d H� m J J > in amim c- �° m w Q a Q a n Q (O Yc o0) Yc Yc orn Yc cc EL � ca Ci m x .0 x o c o c y 3 3 o c > 3 3 � 3 o c mY mY mY �Y m '- U Y 0 c 0 c o (n O N N m d d d d d d O N O N O N O N N d N U �C72 2 2 2 2 Q N M m m m m C E E E m m m m m E E m T W m min m y m �o m m m mm c� mm c0 m � c u c� c� o a y m m m m m m c c c 'c Z 0 o a c ° m o 0) rn rn rn rn ami Y ami ami ami a z rn N 3 O C a A E m O Q Q E y o t .m c Oa a m > O m > m > m > m > m > O m .x_ m .x m .x_ .x U x m > O V o oho o` .m c m ro m m .m = 'cam .cam .cam c� ami m a o .t G 07 Z3 t { O t .c -c rn m U ._ 3 7 3 3 a 3 rn m Q (o y (a Q m a w 4 -1r 3 rn m �¢my m m U m y m 16 0 m m m m m m m f0 m o m o m o m o mQo m m co o o o rn m of v E' L' L 0) to N N (v N (v O O O O O O O O It M LO N 00 � O O) m O m M O M O O M O O O O O CA M O V LO M M (O N M M CO O (0 �O I, M M O O O V 00 r- h N M m M N M r M VIt N V N N O O O O O O O O O O O OQO O O O N MM O (0 O O Ou7 O O C\l O O co (O r- (OO M N V d Cl)M N 'IT It N N y y � y N N 2 N 'D C a7 V1 (2 N a) 2 to C m 2 2 N O2 L L L L L L Q CO .LDE — (n v7 (n O cn (n ,L ,,, _m a) a) = > O p O> O O O 2 O O> O 2 > > L (n OL a) O (n W N O a) W 0 (n O m O O m m m a7 a3 a3 E m al 'O E 'Q LL = LL U= U U as U U U (a 2 m U (6 2 m 2 c mm a� a) c C m Y O Y CL O a > Y m (n m U) w m a a a 0 0 0 ix 0 > > > } N D 0 O z N w w N w p w w w w 0:0 Q J J >- J 0' Q � � � � � a O 0 �++ a m m m Y F W O J Z Z O 0 O x x x x x z z z m Q Q Q Q w Q m= w 0 w 0 x c7 N Q ►- i- F- F- J 3 "" ° m °m w 2 O Y a s= o o Q a a a a a 0 � °� Z m 3 0 U U V O w w F O O O O O p U U Q m m m m m m m w 2 U U U U U U U U U Q U N N N -a m -o EEN -a N N N N N J C N:3 N m O o L CD N C7 @ O -a L L LL L a L m m N L -o L CD N U' N U N U' N (D N O. 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N 7 N 7 N 7 EL (4 m 7 7 7 C fd C D_ Co c C 'O C O N N N C C C U U U U U C O @ N > O o Z 3 o 7 To L CL c c c C6 m (4 m @ m O p ow 3 3 3 7 o 7 f m W W w Y _1 J d d d d d d a. Q Ci U' C'1 cn cn m H N N N T Y+ J++ t + + + + + + + + + + + + + + + + + n. OD co 00 00 00 OD 00 00 co 00 00 00 w 00 00 00 00 00 00 m BEACH MAINTENANCE POLICY PURPOSE This policy sets forth guidelines for emergency and routine beach maintenance activities occurring within the coastal zone designated by the Coastal Act. HISTORY The Municipal Operations Department has traditionally maintained the oceanfront beaches in a manner in which the health, safety, and welfare of persons using the beaches, walks, and bike paths is protected. Due to the changing sand levels resulting from wind, storm, and tidal conditions, it is imperative to remove the built-up sand before it accumulates on the oceanfront paths, which could result in serious liability concerns for the City. Shifting sands also result in damage to oceanfront properties due to increased pressure on retaining walls which can cause the walls to fall. As a service, the Municipal Operations Department has, on,request, pulled back the built-up sand from the affected properties in order to reduce potential damages. A sand waiver or hold harmless agreement is provided by the resident before City crews begin work. POLICY In times of potential oceanfront and bayfront emergencies which could result from above- average tides, surf, or erosion, the Municipal Operations Department in conjunction with the, Public Works, and Fire and Marine Departments will determine when, where, and how to best protect properties and residents in the most effective manner. An emergency is a sudden unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, heath, property or essential public services. Action taken could include the cutting, placement, and construction of sand dikes or berms, the installation of sandbag barriers, or the pumping and diversion of water. Such development requires approval of a coastal development permit consistent with the City's certified Local Coastal Program. Temporary sand berms and/or permanent sand dunes shall be sited and designed to minimize significant impacts to coastal access and resources. Temporary MA G-8 sand berms shall avoid all areas of existing southern foredune and southern dune scrub habitat. When feasible, nonstructural methods (e.g. dune restoration, sand nourishment, etc.) shall be used instead of shoreline protective measures. The Municipal Operations Department and its contractors currently performs many routine maintenance activities within the coastal zone. This includes activities such as trash collection, sidewalk, beach and fire ring cleaning, and sand removal from areas adjacent to walkways, parking lots, and roads. Maintenance programs, such as the pulling back of sand away from oceanfront properties, as needed to protect existing development and public thoroughfares, are established programs instituted prior to the adoption of the Coastal Zone Management Act, and as such, are exempted from the coastal development permit process. Adopted - June 24, 1996 Amended - 38 I-1 LIBRARY SERVICE POLICY All policies proposed to be adopted by the Board of Library Trustees should first be submitted to the City Council for review. 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 Amended - September 27, 2011 Amended - Formerly 0-2 Formerly I-14 I-9 ,-SRT l\ PUBLIC PLACES A. The City of Newport Beach recognizes the importance and desirability of enhancing and beautifying the public places �,vithin the Cite, by-accluiring and displaying publicly- accessible Nvorks of art for the cultural benefit of the City, its citizens and its visitors. B. The Cite seeks to involve professional artists in Citi- plam-iing and design projects; to integrate artworks in City capital improvement projects; and to commission and/ or purchase new artworks for public places. C. Public art can include: but is not limited to permanent and temporary sculpture, murals, as Nvell as artist -designed fountains, mosaics and the work, banners, park benches and other street furniture, Water features, bus shelters, streetlights and lanterns, kiosks, retaining walls, and/or hardscape treatments. D. Reserved. E. Reserved. 1. Reserved. G. The ,-arts Commission shall review anti' future modifications, relocation, repairs, and/or replacement of parts or works forAitk-vatedinpublicplaccs. Adopted - September 8, 1986 Reaffirmed - January 24, 1994 Amended - May 26,1.998 Amended & Reassigned - April 8, 2003 Amended - Formerly 1-18 M HN.-yXUAL. SUPPORT FOR Ct LTL;RE A D ARTS The Citv Council hereby recognizes the importance of promoting culture and the arts «ithin the Citv of Newport Beach. A number of indiyiduals and groups haVC been organized with the express purpose of deVeloping and promoting, culture, theatre and the arts. The Cite would complement these efforts by establishing a Reserve Fund for Culture and .Arts that can be used for a) developing; a master plan for the promotion of culture. and arts; b) acquiring, land and/or the construction of facilities to promote culture and arts and; c) instituting other cultural promotion projects. The sum of 535,000 shall be provided each year for specific cultural or artistic planning, promotion and/or construction projects as approved by the Cite Council. It is the poticy of the Citi- of Newport Beach that expenditures froin the reserve fund should be matched equally by the community- in the form of contributions and donations. In regard to the Citi 's role in financially sponsoring, art and cultural events, the Citv .-arts Commission shall revieiv all programs and requests for support from arts groups. The Commission shall forward its recommendations for fundingto the CltV Council for final approval. ,Any appropriation shall not exceed 50% of the Arts Commissions' annual budget. For the purpose of this poticy, arts groups shall be defined as those involved in visual, musical, theatre, dance, crafts, performing and literary activities. The following priorities shall be considered by the Commission. The order of preference for granting support shalt be as follows: A. Local arts groups located -within the Citv and offering programs to Citi-' residents; B. Regional arts groups located in Orange County and offering programs to Cite residents;and C. :arts groups located in California and performing or offering programs to Citi residents. Groups not offering programs or ser% -ices to local residents shall not be. eligible fur support from tl-ie Cite. Adopted -May 11, 1981 Amended - November 14, 1983 Amended - January 23, 1984 Amended - March 28, 1988 Amended - October 28, 1991 Amended - January 24, 1994 Amended - May 8, 2001 Reassigned - April 8, 2003 Amended - Formerly F-20 Formerly 1-12 ACQUISITION OF ART BY THE CITY OF NEWPORT BEACH A. The City of Newport Beach ("City") believes that paintings, sculptures, drawings and other art (collectively, "Art") placed on City property and in City buildings increases the aesthetic appeal and beauty of such property and buildings, and of the City in general. B. All proposals to donate, exhibit, loan, sell or commission Art to the City (collectively, "Convey(s)," "Conveyed," "Conveying" or "Conveyance") shall be reviewed by the Arts Commission for recommendation to the City Council. C. The Arts Commission shall be responsible to: 1. Confer with persons who have offered to Convey Art to the City, informing them of this policy, including criteria for approving Art and the policies, criteria and approval process. 2 Advise the City Council of the artistic merit and value of Art offered to the City. 3. Advise the City Council regarding appropriate City property or City buildings for display of Art, in conjunction with the City commission, committee, board and/or department which has responsibility for planning or maintaining the proposed location. D. The Arts Commission shall consider the following criteria in making a recommendation for accepting an offer to Convey Art to the City: 1. The Art should be an original creation or a limited edition by the original artist, and be of the highest quality and level of artistic excellence. 2 The Art should add to the balanced inventory of the City's collection, representing a variety of style, design and media. 3. The person(s) seeking to Convey Art to the City shall complete all required forms, as provided by the Library Services Department. 4 The Art should be of satisfactory physical condition, be sufficiently durable as to not be easily damaged or destroyed, should not require restoration or extensive long term conservation, and should be of a physical size and weight that the Art can be managed in storage, transport and public display without difficulty. Art requiring restoration may o n 1 y be considered with full disclosure of the restoration costs provided by a licensed art appraiser. 5. The Art should be consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. E. Art may only be recommended by the Arts Commission to the City Council for acceptance upon the majority vote of the Arts Commission. F. Art accepted into the City collection by the City Council is accepted with the understanding that the City Council reserves the right to place the Art on public display on either a permanent or temporary basis, and to store the Art when not on display. Acceptance of Art by the City Council does not guarantee that the Art will be displayed in perpetuity. The City Council may sell, donate or otherwise remove any Art owned by the City in the City collection. Any proceeds received by the City from the transfer of Art shall be expended to acquire, restore or display Art. G. Art considered for inclusion in the City's collection must conform to City Council Policy I-9 (Art in Public Places). H. The City does not provide valuations or appraisals of Art Conveyed to the City. The value of Art should be presented by the person(s) Conveying Art to the City at the time of Conveyance. It is the responsibility of the person(s) Conveying Art to the City to furnish a valuation to the appropriate government tax agency. 1. The person(s) Conveying Art to the City shall obtain all intellectual and photographic property rights to the Art and transfer such rights to the City. The City reserves the right to photograph Art for any and all purposes, including, but not limited to, publicity and informational literature. Any person(s) that Conveys Art to the City shall represent and warrant in writing that it owns the Art and that the Art shall be Conveyed to the City free and clear of all liens, restrictions, security interests or agreements by which the City would be bound, but subject to all laws generally applicable to the transfer of title of any work of Art. K. Subject to compliance with California Civil Code Section 987, the City shall assume no liability in the event of loss or damage to any Art accepted into the City's collection. Adopted- February 24,1986 Reaffirmed -January 24,1994 Amended & Reassigned -April 8, 2003 Amended - May 12, 2015 Amended - Formerly F-23 Formerly I-13 K-1 GENERAL PLAN AND LOCAL COASTAL PROGRAM MANNER OF ADOPTION AND AMENDMENT The General Plan, the Local Coastal Program (LCP), 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. Pre -hearing Consultation. 1. LCP Notice of Availability - Review Drafts. For a LCP and LCP amendments, a notice of the availability of the review draft of the LCP or LCP amendment shall be made as soon as the draft is available, but at a minimum of at least six (6) weeks before final City Council action on the document in compliance with California Code of Regulations Section 13515(c), or any successor regulation. The Planning Division shall make available review drafts for public perusal at the offices of the Community Development Department and at all branches of the City library. 2. Tribal Consultation. For a General Plan and General Plan amendments, the City shall send notice to California Native American tribes identified by the Native American Heritage Commission of the opportunity to conduct consultations for the purpose of preserving, or mitigating impacts to, cultural places located on land that may be affected by the proposed plan adoption or amendment. Tribes shall have 90 days from the date on which they receive notification to request consultation, unless the tribe has agreed to a shorter timeframe. Notification by the City shall be in accordance with Government Code Section 65352.3, or any successor statute. B. Public Hearing- Planning Commission. The Planning Commission shall hold at least one public hearing before making a recommendation to the City Council on a General Plan, LCP, 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. C. Recommendation by Planning Commission - Resolution. The recommendation by the Planning Commission to the City Council on the General Plan, LCP, or any 1 K-1 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. D. Public Hearing - City Council. Before adopting the General Plan, LCP, 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. E. Referral of Proposed Changes Back to Planning Commission. In adopting a General Plan, LCP, or any part or element thereof, or any amendment to such plan or any part or element thereof, which has been reviewed 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. F. General Plan - 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. G. LCP - Submittal to Coastal Commission - Resolution. Submittal of a LCP or LCP amendment shall be submitted to the Coastal Commission pursuant to a resolution adopted by the City Council certifying that the LCP or LCP amendment is intended to be carried out in a manner fully in conformity with the Coastal Act. The City Council may submit a proposed amendment to a certified LCP either (1) as an amendment that will take effect automatically upon Coastal Commission approval, or (2) as an amendment that will require formal City Council adoption after Coastal Commission approval. H. LCP - City Council Action following Coastal Commission Certification. After receipt of a resolution of certification from the Coastal Commission, the City Council shall: Acknowledge receipt of the Coastal Commission's resolution of certification including any terms or modifications, which may have been required for final certification; 2 K-1 2. Consider any terms and modifications; and 3. Take appropriate action, including no action, regarding any terms and modifications. LCP - Adoption by City Council - Resolution and/or Ordinance. The adoption of a LCP land use plan, or any amendment to such plan, shall be by resolution. The adoption of a LCP implementing action, or any amendment to such implementing action, shall be by ordinance. AMENDMENT PROCEDURES City Amendments A. City -sponsored amendments to the General Plan, or LCP, shall be initiated by the City Council. B. In initiating action to amend the General Plan, or LCP, 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 or LCP 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, or LCP, 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 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. 3 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 Amended - September 27, 2011 Amended -- Formerly Q-1 K-1 H 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. 5 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. 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. 71 K-2 C. Application of City of Newport Beach 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 Historical Building Code contained in Newport Beach Municipal Code Chapter 15.13, or any successor chapter. 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 recommendation 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) cannot be obtained, staff will notify the City Council of the reasons, withdraw the application, and seek City Council direction on further negotiations, if any. 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 Amended -September 27, 2011 Amended - Formerly A-15 7 0 IMPLEMENTATION PROCEDURES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Intent. K-3 The intent of this policy statement is to protect the environment of the City of Newport Beach, to comply with the California Environmental Quality Act ("CEQA"), and to implement the basic principles, objectives, and criteria contained in the Guidelines adopted by the Secretary for Resources pursuant to the provisions of CEQA, as amended. These implementation procedures are intended to satisfy the requirements of Section 15022 of the CEQA Guidelines, or any successor guideline, 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. 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., or any successor statutes. 2. CEQA Guidelines means the "Guidelines for Implementation of the California Environmental Quality Act", prepared by the Secretary for Resources. 3. Community Development Director means the Community Development Director for the City of Newport Beach or his/her designee. 4. Decision Making -Body means the officer or body that has the authority to review and approve a project or application under Titles 20 and/or 21 of the Newport Beach Municipal Code, including, but not limited to, the Community Development Director, Zoning Administrator, Hearing Officer, Planning Commission, or City Council. 5. All definitions contained in CEQA and the Guidelines shall also apply to this policy statement. K-3 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. 2. In reviewing and assessing the significance of environmental impacts, the City shall be guided by the applicable General Plan and Local Coastal Program policies and standards. D. Environmental Determinations. 1. Activities Not Subject to CEQA. This policy statement shall apply only to activities that are subject to CEQA. Activities that are not "Projects" as defined in Guidelines Section 15378, or any successor guideline, and activities that are "Ministerial' as defined in Guidelines Section 15369, or any successor guideline, 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: 7 K-3 Work in an area of unusual erosion potential or ground instability Work affecting scenic or sensitive biological resources An activity that may generate substantial public health impacts, such as noise, odors, or toxic materials 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 Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision - Making Body. The Decision -Making Body charged with reviewing a project or application under Titles 20 and/or 21 of the Newport Beach Municipal Code shall have the final 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 Decision -Making Body has determined not to be subject to CEQA. 2. Projects that are Exempt from CEQA. CEQA and the Guidelines provide that the following types of projects are exempt from the requirement to prepare an Initial Study unless there are special circumstances that could result in significant environmental effects. a. Statutory Exemptions. Activities that qualify for a statutory exemption as provided under Sections 15260 et seq. of the Guidelines or any successor guidelines, do not require further environmental review. b. Categorical Exemptions. The various classes of categorical exemptions are contained in Sections 15300 et seq. of the Guidelines, or any successor guidelines. The discussion of exceptions contained in Section 15300.2, or any successor guideline, shall apply particularly to projects and activities that would affect the shoreline, bluffs, wetlands, public views and other sensitive environmental resources. The Decision -Making Body 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. 10 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 Section 15061(b)(3) of the Guidelines, or any successor guideline, 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: i. Minor changes to the Municipal Code which do not authorize physical development. ii. Minor changes to public infrastructure such as installing trees; replacing or upgrading streetlights, traffic signals, etc.; and other public improvements of a minor nature. iii. Administrative City actions such as budget amendments, professional services agreements, etc. which do not involve projects which affect the physical environment. Determination. The Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision - Making Body. The Decision -Making Body charged with reviewing a project or application under Titles 20 and 21 of the Newport Beach Municipal Code shall have the authority to determine the applicability of exemptions for all public and privately -initiated projects. Notice of Exemption. After approval of a project that was found to be exempt, the Community Development Director may prepare and file a Notice of Exemption as provided under Section 15062 of the Guidelines, or any successor guideline. 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 Community Development Director shall conduct an Initial Study according to the requirements contained in Section 15063 of the Guidelines, or any successor guideline. Where it is determined 11 K-3 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 Community 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 a project may have a significant effect the City will generally follow the guidance contained in Section 15064 and Appendix G of the Guidelines, or any successor guideline or appendix. In addition, the following shall be considered in determining whether 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. The Community Development Director shall make a recommendation regarding the applicability of CEQA to the Decision - Making Body. On the basis of the information and analysis contained in the Initial Study, the Decision -Making Body shall determine whether a Negative Declaration or EIR should be prepared, as provided by Section 15063(b) of the Guidelines, or any successor guideline. 4. Negative Declarations. As provided in Section 15070 of the Guidelines, or any successor guideline, the Community 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 b. The Initial Study identifies potentially significant effects, but: i. Revisions in the project made by or agreed to by the applicant before the proposed Negative Declaration is released for 12 K-3 public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and ii. There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. Notice and Posting of a Proposed Negative Declaration. The Community Development Director shall provide notice of a Negative Declaration as required by Section 15072 of the Guidelines, or any successor guideline. Action by the Decision -Making Body. Prior to approval of any project for which a Negative Declaration was prepared, the Decision -Making Body shall adopt the Negative Declaration prepared by the Community Development Director. Additionally, prior to approval of any project for which a Negative Declaration was prepared, appropriate findings shall be prepared by the Community Development Director for consideration by the Decision -Making Body. The Decision -Making Body shall approve or modify, or disprove the findings prepared by the Community Development Director. The Decision -Making Body may also take no action or not adopt the Negative Declaration. Notice of Determination. Within 5 working days following the Decision - Making Body's approval of a project for which a Negative Declaration was prepared, the Community Development Director shall prepare and file a Notice of Determination as provided under Section 15075 of the Guidelines, or any successor guideline. 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 Community Director shall either prepare a Draft EIR or use a previously certified EIR which adequately analyzes the project. Applicant's Responsibilities. The applicant shall submit all information determined by the Community Development Director to be necessary for the preparation of the EIR. In addition, when consultant assistance is required the applicant shall be responsible for all costs as provided under Sections E and F, below. 13 E K-3 Consultant Assistance. If consultant assistance is required in the preparation of a Draft EIR, the procedures contained in Section E, below, shall be followed. Notice of Preparation. The Community Development Director shall prepare and distribute a Notice of Preparation as provided by Section 15082 of the Guidelines, or any successor guideline. Screencheck Draft EIR. If a consultant is retained to assist the City in preparing a Draft EIR, the Community 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 Community Development Director shall prepare and distribute a Notice of Completion as provided by Section 15085 of the Guidelines, or any successor guideline. Final EIR. After completion of the Draft EIR public review period the Community Development Director shall prepare a Final EIR as provided by Section 15089 of the Guidelines, or any successor guideline. 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 Section 15090 and appropriate findings as required by Sections 15091, 15092 and 15093, or any successor guidelines, shall be prepared by the Community Development Director for consideration by the Decision - Making Body. The Decision -Making Body shall modify, certify, or disprove any EIR prepared by the Community Development Director. Additionally, prior to approval of any project for which an EIR was prepared, the Decision -Making Body shall approve or modify the findings prepared by the Community Development Director. The Decision -Making Body may certify an EIR and deny the underlying the project. Notice of Determination. Within five working days following the Decision - Making Body's 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, or any successor guideline. Consultant Assistance. When the 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: 14 K-3 1. Consultant List. The Community Development Director shall maintain a list of consultants having a sufficient variety of expertise to assist in the preparation of Initial Studies, Negative Declarations, or EIRs when required. 2. Consultant Selection. When outside assistance is required, a consultant shall be selected by the Community Development Director from the City's consultant list based on the nature of the project and the expertise of the consultant. If it is determined by the Community Development Director or requested by the applicant that proposals should be solicited from more than one consultant, the Community Development Director shall prepare and distribute a Request for Qualifications (RFQ) or Request for Proposals (RFP). Following receipt of proposals or statements of qualifications, the Community Development Director shall evaluate the submittals and select the best -qualified consultant to assist in the preparation of the EIR. The applicant may submit recommendations regarding the selection of a consultant, but the final decision regarding consultant selection shall be made by the Community Development Director. 3. Scope of Work and Budget. After a consultant has been selected a detailed scope of work and budget shall be prepared by the consultant and the Community Development Director. 4. Contract Approval and Administration. The proposed scope of work and budget shall be submitted to the applicant for approval. If the proposal is acceptable, the applicant shall submit a deposit to cover the consultant costs plus reasonable City administrative expenses. The consultant shall not be authorized to commence work until such deposit is received from the applicant. The amount of the deposit will normally be the total project budget; however, for large projects the deposit may be made in two or more payments subject to approval by the Community Development Director. After receipt of the applicant's deposit the Community Development Director shall prepare and execute a contract for consultant services in a form meeting the approval of the City Attorney, and shall administer the contract through project completion. At the conclusion of the project any unused deposit shall be returned to the applicant. F. Fees. The preparation of an Initial Study, Negative Declaration, or EIR shall be subject to the following fees: 1. For Initial Studies and Negative Declarations prepared by the Community Development Director without consultant assistance, a reasonable fee shall 15 K-3 be collected as established by resolution of the City Council as part of the Community Development Department Fee Schedule. 2. For Initial Studies, Negative Declarations, and EIRs prepared with consultant assistance, there will be a City fee as required by the municipal code. 3. No future applications shall be accepted from any applicant, and no permits or entitlements shall be approved or issued until all prior indebtedness to the City incurred under this section by such applicants has been paid in full. 4. The amount of the fee shall become an obligation of the applicant to the City whether or not the permit or entitlement is issued, or whether or not the applicant exercises the right to obtain the permit or entitlement. Such fees accrue and become payable when the City gives notice to the applicant of the amount of such fees. This liability shall be enforceable in any court of competent jurisdiction. In the event suit is filed by the City, in addition to the amount of the fee, applicant shall pay the City's reasonable attorney's fees. G. Authority of the Community Development Director. The Community 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 Community Development Director shall have authority for the following actions: 1. Make a recommendation as to 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, posting, and distributing Notices of Preparation, Exemption, Completion, and Determination; Negative Declarations;, and Environmental Impact Reports for City -sponsored projects and projects for which the City has approval authority as Lead Agency. 5. Preparing responses to comments on Negative Declarations and EIRs, and preparing draft findings, resolutions, and mitigation monitoring programs for consideration by the Decision -Making Body. 16 K-3 6. Making recommendations to the Decision -Making Body regarding the requirements of CEQA or the adequacy of environmental documents. 7. Developing administrative procedures for implementation of CEQA and these policies. 8. Reviewing and commenting on Negative Declarations, Notices of Preparation, Draft EIRs, or other environmental documents prepared by other lead agencies. Adopted - March 26, 1973 Amended - July 23,1973 Amended - September 10, 1973 Amended - May 13,1974 Amended - June 10, 1974 Amended - May 27, 1975 Amended - May 10, 1976 Amended - May 23, 1977 Amended - August 8, 1977 Amended - May 22,1978 Amended - June 25, 1979 Amended - June 9, 1980 Amended - January 26, 1987 Amended - October 26,1987 Amended - January 24, 1994 Amended - March 22,1999 Amended - April 13, 2004 Amended - September 27, 2011 Amended - May 12, 2015 Amended - 17 K-5 PALEONTOLOGICAL AND ARCHAEOLOGICAL RESOURCE PROTECTION GUIDELINES GENERAL POLICY: The City will ensure that potential impacts to paleontological and archaeological resources by public or private development are properly evaluated and mitigated in accordance with the General Plan, Local Coastal Program and the California Environmental Quality Act. PROCEDURES: A. During the preparation of an initial study for a project, staff or a qualified consultant shall determine if paleontological or archaeological resources exist at or near a project site. If the site is located in the Coastal Zone, the requirements and procedures provided in Newport Beach Municipal Code Section 21.30.105(A), or any successor statute, shall be implemented. B. If resources are known to exist at or near a project site or that, the project could otherwise affect known resources, a preliminary investigation report shall be prepared by a qualified professional archaeologist or paleontologist. C. If the preliminary investigation report concludes that resources are not likely to be at the present at the project site or encountered during construction, no further analysis shall be required. D. If the preliminary report concludes that resources are present at the site or are likely to be present at the site or may be encountered by project construction, additional investigative work shall be prepared to identify and disclose the potential impacts of the project. The impact assessment report shall make every effort to identify the value of the resource and shall identify feasible design modifications or other methods to avoid and/or minimize project -related impacts. The impact assessment report may include a suggested excavation plan for assessing or mitigating the effect of the project on the qualities which make the resource important if avoidance is considered infeasible. The impact assessment report shall also identify feasible mitigation measures that can be either incorporated within project specifications or applied as conditions of approval. E. If paleontological or archaeological resources are discovered during construction, all construction activities in the general area of the discovery shall be temporarily halted until the resource is examined by a qualified monitor. The monitor shall the Woj K-5 significance of the resource recommend next steps (i.e. additional excavation, curation, preservation, etc.). F. If human remains are discovered during construction, there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent remains until the coroner determines that the remains are not subject to the provisions of Section 27491 of the Government Code, or any successor statute, or any other related provisions of law concerning investigation of the circumstances, manner and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or their authorized representative, in the manner provided in Section 5097.98 of the Public Resources Code, or any successor statute. The coroner shall make his or her determination within two working days from the time the person responsible for the excavation, or his or her authorized representative, notifies the coroner of the discovery or recognition of the human remains. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission and the Newport Beach Building Official. Adopted - Formerly K-4 and K-5 19 DETERMINATION OF CONVENIENCE OR NECESSITY FOR ALCOHOLIC BEVERAGE PREMISES PURPOSE K-7 This Policy establishes the review authority and criteria for considering a request for a determination of public convenience or necessity in granting, upgrading, or transferring a retail alcohol sales license, so as to ensure and promote the community's health, safety, and general welfare. BACKGROUND California Business and Professions Code Section 23958.4, or any successor statute, requires the City of Newport Beach under certain conditions tomake a determination regarding the public convenience or necessity prior to the granting, upgrading, or transferring of retail alcohol sales licenses (ABC license types 20, 21, 42, 48 and 61). This determination is required when the premise is located in any one of the following: A. The premise is located in a Police Department crime reporting district that has a twenty percent (20%) greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City. B. For on -sale retail alcohol sales license applications, the ratio of on -sale retail licenses to population in the census tract or census division in which the premise is located exceeds the ratio of on -sale retail alcohol sales licenses to population in Orange County. C. For off -sale retail alcohol sales license applications, the ratio of off -sale retail alcohol sales licenses to population in the census tract or census division in which the premise is located exceeds the ratio of off -sale retail alcohol sales licenses to population in Orange County. DETERMINATION AUTHORITY The Chief of Police or his/her designee is authorized to make a determination of public convenience or necessity for the sale of alcoholic beverages. It shall be the responsibility of the applicant for the premise to demonstrate that a determination of public convenience or necessity is consistent with this Policy. 20 K-7 The provisions of this Policy shall not apply to transfers that are the result of the death or incapacity of the licensee, any order of a court of competent jurisdiction, or the operation of law. REVIEW CRITERIA Review criteria for requests for a determination of public convenience or necessity are listed below. The terms "area" and "vicinity" are generally considered those properties lying within the same Police Department crime reporting district as the premise as well as the adjacent crime reporting district(s). A. Whether or not the area within which the use is proposed experiences elevated rates of crime such as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny, theft and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. If the frequency of such crimes in the vicinity is significantly higher than the average for the community, a determination of public convenience or necessity may conflict with the Intent of this Policy. The term "significantly higher" is to mean a twenty percent (20%) greater number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the City. B. Whether or not the area within which the use is proposed experiences elevated rates of alcohol-related crime such as public intoxication, driving under the influence, disturbing the peace, assault and battery, vandalism, drug violations and prostitution. If the frequency of such alcohol-related crimes in the vicinity is significantly higher than the average for the community, a determination of public convenience or necessity may conflict with the Intent of this Policy. The term "significantly higher" is to mean a twenty percent (20%) greater number of reported alcohol-related crimes than the average number of reported crimes as determined from all crime reporting districts within the City. C. A review of the type and volume of calls for service within the same and adjacent crime reporting district(s). D. The number, proximity, type, and operating characteristics of other alcohol - licensed premises in the vicinity. E. The proposed hours of operation and operating characteristics of the applicant premises. 21 K-7 F. The level of retail alcohol sales license saturation in the area as defined by the California Department of Alcoholic Beverage Control. Undue concentration of certain license types may conflict with this Policy more than others. Such license types include what are currently known as Types 21 (sale of beer, wine, and distilled spirits for off-site consumption), 42 (sale of beer and wine for on-site and off-site consumption), and 48 (sale of beer, wine, and distilled spirits for on-site consumption). G. The proximity of the proposed use to sensitive land uses such as schools, parks, residences, libraries, houses of worship, medical facilities, and other sensitive facilities. H. The potential for the proposed use to provide increased employment. I. Whether or not the proposed use would represent a unique business or cultural addition to the community. J. Whether or not the proposed use would contribute to the long-term economic goals of the community. K. Whether or not the proposed use would contribute to the long-term planning goals of the community. Whether or not the applicant, has agreed to comply with any and all conditions as may be recommended by the Chief of Police or his/her designee. NOTICE OF DETERMINATION AND APPEAL PERIOD The Chief of Police shall notify the California Department of Alcoholic Beverage Control and applicant of his/her determination within the time period specified by the California 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 City Clerk shall ensure that this Policy, as amended, is transmitted to the appropriate official in the California Department of Alcoholic Beverage Control as the notification of delegation of authority to make a determination of convenience or necessity pursuant to the California Business and Professions Code. 22 Adopted - May 8, 1995 Amended - February 24,1997 Amended - April 23, 2002 Amended -September 27, 2011 Amended - K-7 23 STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2017-55 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 8th day of August, 2017, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Brad Avery, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 91h day of August, 2017. LeilaO1Brcwn City Clerk Newport Beach, California