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HomeMy WebLinkAbout07 - Policy 1-7 - Library Meeting Rooms and Approval of Newport Beach Public Library Policy 14TO: FROM: CITY OF NEWPORT BEACH City Council Staff Report June 25, 2019 Agenda Item No. 7 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Tim Hetherton, Library Services Director - 949-717-3801, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton, Library Services Director, thetherton@newportbeachca.gov PHONE: 949-717-3801 TITLE: Resolution No. 2019-59: Proposed Deletion of Council Policy 1-7 — Library Meeting Rooms and Approval of Newport Beach Public Library Policy 14 ABSTRACT: Council Policy 1-7, Library Meeting Rooms, establishes procedures, priorities, standards, and criteria for the Board of Library Trustees and the Library Services Department to administer the Central Library Friends Room. The Board of Library Trustees recently proposed to adopt changes to the policy, and, per Council Policy 1-1, Library Service Policy, is submitting the policy for Council approval. The Board of Library Trustees also requests that Council approve the deletion of 1-7 from the City Council Policy Manual. The revised policy will be retained as a Newport Beach Public Library policy, or NBPL-14, Friends Meeting Room policy. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Delete Council Policy 1-7, Library Meeting Rooms, and approve new Newport Beach Public Library Policy 14, The Friends Meeting Room; and c) Adopt Resolution No. 2019-59, A Resolution of the City Council of the City of Newport Beach, California, Deleting City Council Policy 1-7 "Library Meeting Rooms" from the City Council Policy Manual and approving "Newport Beach Public Library Policy 14. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 7-1 Resolution No. 2019-59: Proposed Deletion of Council Policy 1-7 — Library Meeting Rooms and Approval of Newport Beach Public Library Policy 14 June 25, 2019 Page 2 DISCUSSION: Council Policy 1-7, Library Meeting Rooms, establishes procedures for processing and approving or disapproving requests from private persons, groups or organizations for permission to use the Central Library Friends Room. The policy states priorities for the use of the Friends Room to ensure its availability to the City and its officers and employees and to resolve any conflict related to requests for use by others. It provides standards and criteria for the use of the Friends Room to ensure there is no conflict with the public's use of the City Libraries. This policy was last amended on October 6, 2006. On August 8, 2017, City Council approved a comprehensive update of City Council policies. At this time, City Council deleted the majority of the Council policies pertaining to the Newport Beach Public Library from the Council Policy manual. Council determined that these policies should remain policies of the Library, but it was not necessary to have these policies as part of the City Council Policies. The deleted policies included: ■ Council Policy 1-2, Use of the Newport Beach Public Library (retained by Library as policy "NBPL-1 ") ■ Council Policy 1-3, Newport Beach Public Library Collection Development Policy (retained by Library as policy "NBPL-2") ■ Council Policy 1-4, Library Gift and Donor Policy (retained by Library, and combined with Council Policy 1-5, Newport Beach Public Library Collection Gift Policy as policy "NBPL-3") ■ Council Policy 1-5, Newport Beach Public Library Collection Gift Policy (retained by Library, and combined with Council Policy 1-4, Library Gift and Donor Policy as policy "NBPL-3") ■ Council Policy 1-6, Children in the Library (retained by Library as policy "NBPL-4") ■ Council Policy 1-8, Newport Beach Public Library Internet Use Policy (retained by Library as policy "NBPL-5") The ad hoc subcommittee appointed to review all Council Policies retained Council Policy 1-7 at the request of staff, who advised that the Library Meeting Rooms policy should stay in the Council Policy manual, due to a reference to Council Policy B-5, Vincent Jorgenson Community Room in Library. Library staff later determined that deleting 1-7 would have no impact on B-5. After ongoing review of the policy, the Board of Library Trustees requests that the policy be deleted from the Council Policy manual and retained by the Library as a library policy, with some revisions and updates. See Attachment A to the Resolution. 7-2 Resolution No. 2019-59: Proposed Deletion of Council Policy 1-7 — Library Meeting Rooms and Approval of Newport Beach Public Library Policy 14 June 25, 2019 Page 3 The Board of Library Trustees has approved a draft policy for the use of the Friends Room that provides more efficiency, eliminates outdated or unused elements of the policy, and updates for changes in processes, names, and procedures. References to the Vincent Jorgenson Room at the Mariners Branch Library, administered by the Recreation and Senior Services Department through Council Policy B-5, have been removed. Lastly, the document has been updated in terms of processes and procedures while still preserving the original intent of the policy. Per Council Policy I- 1, Library Service Policy, is submitting the policy for Council approval. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING - The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Existing City Council Policy 1-7 Attachment B — Resolution No. 2019-59 7-3 ATTACHMENT A LIBRARY MEETING ROOMS Background I-7 The large meeting room in the Newport Beach Central Library is known as the Friends Meeting Room (Friends Room). The small meeting room at the Central Library is known as the Conference Room. The meeting room at the Crean Mariners Library is known as the Vincent Jorgensen Room (Jorgensen Room). The Jorgensen Room is administered by the Recreation and Senior Services Department. The Library Board of Trustees and the Library Services Department (Department) administer the Library and its meeting rooms. These rooms are the primary source of meeting space for library programs and activities. The City has a shortage of large meeting space and City officers and employees frequently need to use the meeting rooms for City business on very short notice. Moreover, public use of the Library meeting rooms takes staff away from their normal duties and can, if uncontrolled, interfere with the public's use and enjoyment of the library. The City needs to limit the amount and timing of the use of the Library meeting rooms by other than Library and City officials and employees to protect the public interest. Application This Policy shall not apply to use of the Library meeting rooms for Library or Library sponsored activities and programs and City or City sponsored activities and programs. The Library staff, the Board of Library Trustees, the City and its officers and employees and the Friends of the Library and Library Foundation when used for programs and activities directly related to Library functions and purposes; shall be entitled to use the Library meeting rooms at any time subject only to confirming availability with the Library Services Director. Purpose The purpose of this Policy is to establish: A. Procedures for processing and approving or disapproving requests from private persons, groups or organizations for permission to use the Library meeting rooms; B. Priorities for the use of the Library meeting rooms to ensure its availability to the City and its officers and employees and to resolve any conflict related to requests for use by others; and 1 7-4 I-7 C. Standards and criteria for the use of the Library meeting rooms to ensure there is no conflict with the public's use of the City Libraries and no significant impact on the workload of staff. Procedure Any person, group or entity seeking permission to use the Library meeting rooms (applicant) shall submit an application on the form provided by the Department. The applicant shall provide all information requested in the application and such additional information as may reasonably be required by the Library Services Director to enable him/her to determine if use by the applicant will comply with this Policy. Applications shall not be considered complete unless accompanied by required fees and proof of insurance. No person, group or entity shall be entitled to use of the Library meeting rooms unless their application has been approved by the Library Services Director or his/her designee. No application shall be approved within one year after the applicant's failure to comply with the standard conditions of use or any special conditions imposed by the Department Director. No application shall be approved until the applicant establishes that any fees, donations or admissions charged for use of the Library meeting rooms will be for non-profit fundraising purposes or limited to defraying the actual costs and expenses of the activity or program for which the application is submitted. Standard Conditions to Use Applications for use of the Library meeting rooms are approved subject to permittee's compliance with the following standard conditions to use: A. The use of alcoholic beverages is prohibited unless expressly approved in writing by the Director and subject to the approval of the Alcoholic Beverage Control Board. B. Smoking is prohibited in the Library meeting rooms, and the entire Library facility, including restrooms C. At least one (1) adult shall be present in the Library meeting rooms for every twenty (20) minors in attendance. Each adult necessary to maintain the required adult/minor ratio shall remain in the Library meeting rooms for the duration of the permitted use. D. No person shall interfere with the normal use and activities of the Library by way of noise, disturbance or other activity. 2 7-5 I-7 E. Groups of one hundred (100) or more persons shall be required to provide proof of off-site parking availability (off-site parking plan) prior to approval of the application and shall strictly comply with the parking plan. F. Meetings or activities conducted at the Library meeting rooms may not be advertised or promoted as City or Library sponsored activities. All materials used for advertising or announcing a meeting or activity to be conducted in a Library meeting room shall be submitted to the Library Services Director at least ten (10) days prior to the use for the sole purpose of determining if the material complies with this condition. The Library Services Director shall notify the permittee of his/her determination that the material complies or does not comply with the condition within two business days after submittal. G. Meetings or activities in the Friends Room shall not exceed 200 persons. H. The Library meeting rooms shall not be used for private social functions such as weddings, music rehearsals, etc. unless rehearsals are necessary as part of a Library or City sponsored public concert, or production which is scheduled to be performed in the Library meeting rooms. I. Use of the Friends Room and Conference Room is limited to 9:15 a.m. to 8:30 p.m. Monday through Thursday and 9:15 a.m. to 5:30 p.m. Friday through Saturday. J. The provision of insurance should be general liability, naming the City and its officers, agents, officials, employees and volunteers as additional insureds, providing coverage in the amount of not less than $1,000,000 for any claim, loss, injury, damage or other casualty that is in any way related to the use and/or occupancy of the Library meeting rooms by the permittee authorized to use the Library meeting rooms pursuant to this Policy. K. The agreement of the permittee to defend, indemnify and hold harmless the City and its officers and employees with respect to any claim, loss, or injury that arises out of, or is in any way related to permittee's use and occupancy of the Library meeting rooms. L. Applications for reservations may be made no more than 90 days in advance and no more than once every 90 days. Priorities of Use A. FIRST PRIORITY 3 7-6 I-7 1. Any official Newport Beach Public Library co-sponsored and/or conducted programs and activities that are directly related to library functions and purposes. 2. Any meeting or activity conducted by any organization of which the City is a member and whose purpose is consistent with the educational and informational function of the Library. B. SECOND PRIORITY Use of the Library meeting rooms may be granted by the Library Services Director to those persons, organizations or entities listed below on a first come first serve basis: 1. Sponsored educational or informational programs and activities of other state or local public agencies such as local public schools or special districts. 2. Recreational, social or civic organizations and/or groups that are promoted and sponsored by City residents or City non-profit organizations that are open to the public and have fifty percent (50%) or more of memberships consisting of Newport Beach residents. 3. Recreational, social or civic organizations and/or groups that are non- resident promoted and sponsored by non-profit organizations that are open to the public, but do not qualify under B.2. 4. Schools, colleges, hospitals or other similar civic groups not qualifying under the definition of non-profit. Non-profit status is defined as an organization that is so defined by the Internal Revenue Service Section 501C3 and has a state of California Tax Identification Number 0 7-7 I-7 Fees, Deposits and Cancellation Procedures Fees may be charged for the use of the Library meeting rooms. Fees shall be established by Resolution of and periodically adjusted by the City Council on the recommendation of the Board of Library Trustees. Fees shall be limited to an amount necessary to defray the costs associated with the administration of this policy and the maintenance and repair associated with the public's use of the Library meeting rooms. History Adopted 0-1 - 7-14-1980 Amended 0-1 -11-28-1988 Amended 0-1 -10-28-1991 Amended 0-1 - 2-27-1995 (changed to I-21) Amended I-21 - 2-24-1997 Amended I-21 - 5-8-2001 Amended I-21 - 4-8-2003 (changed to I-7) Amended I-7 -10-10-2006 5 7-8 ATTACHMENT B RESOLUTION NO. 2019- 59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, DELETING COUNCIL POLICY 1-7 "LIBRARY MEETING ROOMS" FROM THE CITY COUNCIL POLICY MANUAL AND APPROVING NEWPORT BEACH PUBLIC LIBRARY POLICY 14 WHEREAS, the City of Newport Beach("City") is governed, in part, by its Charter, Municipal Code, and adopted City Council Policies; WHEREAS, City Charter, Article VII, Section 708(a), authorizes the Board of Library Trustees to have charge of the administration of City libraries and make and enforce such by-laws, rules and regulations as may be necessary therefore; WHEREAS, on August 8, 2017, City Council deleted policies 1-2, 1-3, 1-4, 1-5, 1-6, and 1-8, determining that these policies should remain policies of the Library, but that it is not necessary to have these policies as part of the City Council Policy Manual; WHEREAS, on April 23, 2019, the Board of Library Trustees approved for submission to the City Council a request to delete Council Policy 1-7, "Library Meeting Rooms" from the Council Policy Manual; WHEREAS, on April 23, 2019, the Board of Library Trustees approved Newport Beach Public Library ("NBPL") Policy 14, "Friends Meeting Room" to address administration of said room; WHEREAS, the Board of Library Trustee's proposed revisions, among other things, removes obsolete policies, updates for changes in processes, names, and procedures, and promotes efficiency within City government; and WHEREAS, the Board of Library Trustees recommends the City Council delete City Council Policy 1-7 and approve NBPL Policy 14. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby deletes City Council Policy 1-7 (Library Meeting Rooms), from the City Council Policy Manual, in its entirety and approves Newport Beach Public Library Policy 14, attached hereto as Exhibit A, which is incorporated herein by this reference. 7-9 Resolution No. 2019 - Page 2 of 2 Section 2: Except as expressly modified in this resolution, all other City Council Policies, sections, subsections, terms, clauses and phrases set forth in the Council Policy Manual shall remain unchanged and shall be in full force and effect. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of June 2019. ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CIT ATTORNEY'S OFFIC Aaron C. Harp City Attorney Diane B. Dixon Mayor Attachment: Exhibit A — Newport Beach Public Library Policy 14 7-10 EXHIBIT A The Friends Meeting Room NBPL 14 Background The large meeting room in the Newport Beach Central Library is known as the Friends Meeting Room (Friends Room). The Library Board of Trustees and the Library Services Department administer the Library and the Friends Room. This room is the primary source of meeting space for library programs and activities. In addition, City officers and employees frequently need to use the Friends Room for City business on very short notice. Moreover, public use of the Friends Room takes staff away from their normal duties and, if uncontrolled, can interfere with the public's use and enjoyment of the library. The City needs to limit the amount and timing of the use of the Library meeting rooms by other than Library and City officials and employees to protect the public interest. Applicability This Policy shall not apply to use of the Friends Room for Library or Library sponsored activities and programs and City or City sponsored activities and programs. The Library staff, the Board of Library Trustees, the City and its officers and employees and the Friends of the Library and Library Foundation when used for programs and activities directly related to Library functions and purposes; shall be entitled to use the Friends Room at any time subject only to confirming availability with the Library Services Director. Purpose The purpose of this Policy is to establish: A. Procedures for processing and approving or disapproving requests from private persons, groups or organizations for permission to use the Friends Room; B. Priorities for the use of the Friends Room to ensure its availability to the City and its officers and employees and to resolve any conflict related to requests for use by others; and C. Standards and criteria for the use of the Friends Room to ensure there is no conflict with the public's use of the City Libraries and no significant impact on the workload of staff. Procedure Any person, group or entity seeking permission to use the Friends Room (applicant) shall submit an application on the form provided by the Department. The applicant shall provide all information 7-11 requested in the application and such additional information as may reasonably be required by the Library Services Director to enable him/her to determine if use by the applicant will comply with this Policy. Applications will not be considered complete unless accompanied by required fees and proof of insurance. No person, group or entity shall be entitled to use of the Library meeting rooms unless their application has been approved by the Library Services Director or his/her designee. If an applicant fails to comply with the standard conditions of use or any special conditions imposed by the Department Director, no additional application by that applicant shall be considered for a one year period from such failure. No application shall be approved until the applicant establishes that any fees, donations or admissions charged for use of the Friends Room will be for non-profit fundraising purposes or limited to defraying the actual costs and expenses of the activity or program for which the application is submitted. Standard Conditions to Use Applications for use of the Friends Room are approved subject to permittee's compliance with the following standard conditions to use: A. The use of alcoholic beverages is prohibited unless expressly approved in writing by the Library Services Director and subject to the approval of the Alcoholic Beverage Control Board. B. Smoking is prohibited in the Friends Room, and the entire Library facility, including restrooms. C. At least one (1) adult shall be present in the Friends Meeting Room when minors are in attendance. D. No person shall interfere with the normal use and activities of the Library by way of noise, disturbance or other activity. F. Meetings or activities conducted at the Friends Room may not be advertised or promoted as City or Library sponsored activities. All materials used for advertising or announcing a meeting or activity to be conducted in the Friends Room shall be submitted to the Library Services Director at least ten (10) days prior to the use for the sole purpose of determining if the material complies with this condition. The Library Services Director shall notify the permittee of his/her determination that the material complies or does not comply with the condition within two business days after submittal. G. Meetings or activities in the Friends Room shall not exceed 187 persons. H. The Friends Room shall not be used for private social functions such as weddings, music rehearsals, etc. unless rehearsals are necessary as part of a Library or City sponsored public concert, or production which is scheduled to be performed in the Friends Room. 7-12 I. Use of the Friends Room is limited to 9:15 a.m. to 8:30 p.m. Monday through Thursday and 9:15 a.m. to 5:30 p.m. Friday through Saturday, unless expressly approved in writing by the Library Services Director. J. The provision of insurance should be general liability, naming the City and its officers, agents, officials, employees and volunteers as additional insureds, and providing coverage in the amount of not less than $1,000,000 for any claim, loss, injury, damage or other casualty that is in any way related to the use and/or occupancy of the Friends Room by the permittee authorized to use the Friends Room pursuant to this Policy. K. The permittee agrees to defend, indemnify and hold harmless the City and its officers and employees with respect to any claim, loss, or injury that arises out of, or is in any way related to permittee's use and occupancy of the Friends Meeting Room. L. Applications for reservations may be made no more than 90 days in advance and no more than once every 90 days. Priorities of Use of the Friends Room A. FIRST PRIORITY 1. Any official Newport Beach Public Library co-sponsored and/or conducted programs and activities that are directly related to library functions and purposes. 2. Any meeting or activity conducted by any organization of which the City is a member and whose purpose is consistent with the educational and informational function of the Library. B. SECOND PRIORITY Use of the Friends Room may be granted by the Library Services Director to those persons, organizations or entities listed below on a first come first serve basis: 1. Sponsored educational or informational programs and activities of other state or local public agencies such as local public schools or special districts. 2. Recreational, social or civic organizations and/or groups that are promoted and sponsored by City residents or City non-profit organizations that are open to the public and have fifty percent (50%) or more of memberships consisting of Newport Beach residents. 3. Recreational, social or civic organizations and/or groups that are non-resident promoted and sponsored by non-profit organizations that are open to the public, but do not qualify under B.2. 4. Schools, colleges, hospitals or other similar civic groups not qualifying under the definition of non-profit. Non-profit status is defined as an organization that is so defined by the Internal Revenue Service Section 501C3 and has a state of California Tax Identification Number. 7-13 Fees, Deposits and Cancellation Procedures Fees may be charged for the use of the Friends Room. Fees shall be established by Resolution of and periodically adjusted by the City Council on the recommendation of the Board of Library Trustees. Fees shall be limited to an amount necessary to defray the costs associated with the administration of this policy and the maintenance and repair associated with the public's use of the Friends Room. History Adopted 0-1— 7-14-1980 Amended 0-1-11-28-1988 Amended 0-1-10-28-1991 Amended 0-1— 2-27-1995 (changed to 1-21) Amended 1-21— 2-24-1997 Amended 1-21— 5-8-2001 Amended 1-21— 4-8-2003 (changed to 1-7) Amended 1-7 —10-10-2006 Amended 1-7 - 4-23-2019 (changed to NBPL-14) This Policy will be periodically reviewed by the Board of Library Trustees on the first to occur of (i) as circumstances may require or (ii) every two years from the date of adoption, last amendment, or last review. Adopted, last amended, or last reviewed on April 23, 2019. 7-14