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17 - Council Policy Manual Update for 2006
CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 17 October 10, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Council Policy Manual Update for 2006 RECOMMENDATION: Approve the proposed revisions and one addition to the Council Policy Manual: -- Revisions B -2, B -6, B -13, F -3, F -8, 1 -2, 1 -3, 1-4, 1 -7, 1 -8, K -9, L -1, L -2, L -12, L -16 and L -23 -- Addition of B -5 DISCUSSION: Background: Council Policy D -3 directs the City Council to review the more than 100 policies in the Council Policy Manual annually. These policies exist to instruct the Council and City staff on how to process a variety of different issues -- from airport and annexations to voice mail and water service outside the City limits. This year, the 16 policies proposed for change and one addition are summarized in Attachment A. Prepared by: Submitted by: �IAJYA&. k/ l Shirley Obor t Administra V Assistant DavbXiff, Assistant Citj Manager Attachments: A — Summary of Proposed Council Policy Changes B — Council Policies — Strikeout and Underline Versions (except B -5, which is new) Council Policy Manual Changes 2006 Attachment A City of Newport Beach October 10, 2006 Policy # Name wgm��M �Iu :P� . ...... Electio Election of the Mayor and M T Adopted- 11/20/8 1 4 Last A m-ended or I Corrected 2/24/97 What it says currently... T -7 147 71-77 Proposed Change... ;177 IPF 32 11 pi A- A- 2 Board and Commission Appointments.. 6/28/65 1-0/28/68 4T22F/02 3/14/00 2/26/96 A- 3 -4— Reserved for Future Use T-- comm��Recognition —Awa rd S---- A- 5 Fundraising/Contracts by City Boards, Commissions, or Committees N/A 6 — Open Meeting Policies 71/13/67 - 3/28/04 A- 7 Boards, Commissions and Committees -- Expressions of Official City Position or Policy 1/8/79 2/26/96 A-18_ Use of City Stationery 1/22/79 2/26/96 A-19 I City Council Committees 5/8/73 5126198 A- A- 10 11 l Procedural Rules for the Conduct of City ,Council Meetings___ ;Recording Recording City Council Meetings/Study 8/21/72 11/13/67 7/8185 —5/28-/9-E-3---N/A 8/28/01 —'--i/-27i§ 5/2216 i .—N/A T-- A- 12 A -.13 i A-' 14 -4-75 1 Financial Support for Human Services Decorum and Order for City Commissions, Committees, and Boards Restrictions on Communications Initiated —by-1/27197 City Officials or City Staff with Civil Service Board Members U-ParteCommuniGation Policy ----1v/-10/97 Ex--s----- A-j17 A-118 E Conflict Interest 1 6/22/98 N/A Aviation Measure S Guidelines -Guidelines 2/14/72 31-2710-1 7/25/06 7/13/04 A-_ 19 for Invocations J_1127/04 I N/A Park Fee Policy — a) the change removes a sentence that says 25% of the cost incurred would be set aside for administrative purposes. This is no longer applicable because the cost is now included in the fees. McGuire B- 1 nfll>.:illm 6/27/94 -1 9/9/05 B- .-.B.-. 2 Insin uctional Recreation Activities 10/1/63 Co- Sponsored Events 7/22/91 1 9/13/65— —411 13704 N/A Establishes cost -re-c'overy --pol-ic-le—s with respect to recreational classes taught by contract instructors as well as any restricted uses for registration fees collected from these classes 3 B- 4 Commercial Uses in Public Parks 5/12� 14� Page 1 Council Policy Manual Changes 2006 Attachment A City of Newport Beach October 10, 2006 Policy #; Name Adopted Last Amended or Corrected NlA :conditions I 97-13/65-- 9113-105 What it says currently... New policy establishes standard of use for the large meeting room in the new Crean Mariners Library. Establishes procedures for the management and use of the theatre Proposed Change ._.. ! a) adds a sentence that requires Property Fee and 50% of Equipment and Operator fees to be paid one week prior to the event to insure payment is received in a timely fashion. Staff B- 6 Vincent Jorgensen -7 Community Room n__ Ttb_rarwyfj__;9z/2S/06 -Co—mm—unity Thea_tr-e —Poricy :_7/27—/81— Special Event Permit Request Processing_ 1124/94 Ek 6- 6 7_ McGuire B- 8 Bike, Foot Race and Surf Contest Event Policy 2/14/83 9/13/05 B- 9 Naming of City Parks 9/12/88 5/13/03 B_ B- 10 11 Use, Priorities and fees for Marian Bergeson Aquatic Center The City Employees' Memorial at Bob Henry Park 6/25/90 1-1/10/97 9/13P0 N/A B- 12 Co-sponsorship of Annual Fireworks Events 3/9/98 N/A B- BB_ 13 Public Use of City Facilities 5/26198 9113105 __9/_13/05 States the purpose, procedures and regulations for use of City facilities a) adds the word "cleaning" in front of "deposit" to clarify what the deposit is for. McGuire 14 Temporary Signs with Sponsorship Recognition in City Parks and Beaches 9/14/98 B_ 15 twit Parks, Beaches, and Recreation Commission Decisions— 9/13/99 N/A ...... 16 Maximizing Public Access to City Parks 2/26/02 4/13/04 _B- B- 17 :Parks, Facilities, and Recreation Program Donations 5/9/06 N/A l"i— m Fal Media Relations tAr?g� M ll . ............ . I I MR N I D-11 11/23/92 D-12 lAnnexation Guidelines nes 2/27/67 _4123/02 3/14/00 D 4 ICouncil Policy Review 8/30/66 _1124i64 3/22/99 . ..... lEmployee SuggesfionEro ram TIDEAF - W22/99 1/24/94 4/23/02 Public Records A-* Policy E- 1 E- 2 Council Meetings Agenda Distribution to the Public by Mail 12/17/73 3/14/00 F-I 1 Statement of Investment Policy 2 M,- -_J F- 2 Reserves /Designation of Fund Balance W Page 2 Council Policy Manual Changes 2006 Attachment A City of Newport Beach October 10, 2006 Policy -4 # 3 Name Budget Adoption and Administration Adapted :9u 1/24/..� 4 1 Last Amended or Conected 9/13/05 What it says currently... Proposed Change... ; — ------ Establishes option procedures a) corrects some references within the policy. a and budget revision constraints. Staff Danner New or Expanded Revenue Measures 8/26/68 4/13/04 - F- F- 5 6 Purchasing Authority for Goods and Services 1/24/94 — 1 1_F22/05 — - — ----------- Consumer Price Index Income Property 1/24/94 N/A - -- - - ---- - Danner 7/27/92 6/8/92 5/26/9.8 4/23/02 Establishes procedures for reimbursement of travel incurred by !employees, City Council, appointed ,officials, etc. a) per them amount was adjusted per CPI. Because it was not changed in a $5 increment, a note was added that it shall not exceed the federal government allowanceforthe LAand OC area. F- 8 City Travel Policy Statement F- 9 City Vehicle/Equipment Replacement Guidelines 12/14/92 5i8/0 —1 F- 10 Narcotics Asset Forfeiture and Seizure Policy _- 1/1 1T93 1/24/94 F- IF 11 -12 Acquisition, Custody, and Disposal of Controlled Proparty___ 1 Parking Permit Policy 24/94 1/24/94 4/13/04 2/26/96 F- 13 Distribution of Public Information in Municipal Services Statements and Business License Renewals 1219/68 1 4/13/04 14 Authority to contract for services 1 /iZ94 15_ Annual Audit '.L5/W/06 9/13/05 F-j16 Ackerman Trust 94 1 4/13/04 F-I 17 Electronic Communications 4/23/02 N/A F -118 Publicly Owned Pay Phones 1/24/94 5126/98 F-'l 9 Voice Mail Policy 4/25/94 1 4/13/04 F-i'20 Contracts with Former City Employees 11/10/97 1 4/8/03 F-'21 I Designated Assignment of Unassigned City Hall Vehicles 10/22/90 312249 F-122 EmployeeoftheYear 4/13/04 F-'23 Use and Callin _q Cards 1/24/94 4/13/04 F - {24 Policy for Collections and Write-offs of Accounts Receivable 4113104 NIA F-125 Grant Administration 13-Sep-05 N/A --- ------ G-: 1 G-r2 Retention or Removal of Park and Parkway (Trees Ado --Beach 5/9/66 5/10/05 4/13/92. i 5/11/04 Si Page 3 Council Policy Manual Changes 2006 City of Newport Beach October 10, 2006 Name Adopted Last - -, — -- C Preservation of Views 7/22/91 - - --- .....- Median Landscaping Developments on public 12/8/69 - 1 Maintenance and Planting of Parkway Trees _ _11/22/82 Solid Waste Management and Resource Policy 7/26/82 Beach Maintenance Policy J 6!24/96 —mm recognition is received. gflil --df 11 1 fil' " Harbor Permit Policies 1n4 /g4 1111111®© 1 '.Library Service Poli 2 Use of the Newport '3 Newport Beach publ Development Policy Donor _10/26176 _11/23/87 nerAnnuity 11/12/02 6/24/96 4/24/04 or Attachment A 4/13/04 1/24/94. —. 9/10/02 N/A is Library 1/24/94 4/13/05 Establishes general rules for public use the library. 10/22/90 1/24/94 !States the intent of the Board of Library Trustees is to provide a variety of print -and nonprint materials to meet the - ,informational, educationals and Irecreationals needs of the entire (community, and the how selections are made, etc.. staff eating now allowed in the Library; Katsouleas'1 cell phone usage more explanative; explanation on use during posted business urs; items not allowed to be brought into the i r corrected typo - - -- j Katsouleas, 3/11/91 3/9/98 Establishes how to donate gifts and what a) the policy was broken down into the three Katsouleas recognition is received. ossible ways to donate to the Library. _ _ _ - 1/24/94 N/A 7/14/80 - -_— 4/8/03 — ..__..... Talks about the Library's Friends Room, .... —_ a) to include all library rooms: Friends Room, Katsouleas conditions of use, priority of use and fees. Central Library Conference Room and the ___ _ Mariners Library Vincent Jorgensen Room. o� Page 4 Council Policy Manual Changes 2006 Attachment City of Newport Beach October 10, 2006 Policy #i Name —, Adopfed 'Last Amended orT— What it says currently... Proposed Change.. . Staff ; I Cnrrarted I I- -- '- - - - - -- ha-ha ---. . —_. -`— ._.__.... -r 8 Newport Beach Public Library Internet Use 2/24/97 4/8/03 � Policy .._._._... -- --- .._..._...__._. .. library gunge. ......--- ---`- -- __.as Lets customers know that the Ifbrary has Ia) add language that says while It s the I Katsouleas i no control over the information on the responsibility of the parents to establish rules i Internet and Illegal or disruptive activities for their children's use of the Internet, the library , are prohibited has taken steps to assist parents in this task. ! _'t .W T � --- I -;9 'Art in Public Places 9/8/86 4/8/03 1- 10 1 11 1 Financial Support for Culture and Arts Donation of Art to City of Newport Beach 5/11/81 5/8/01 4/8/03 ! I- 2/24/86 1 -12 _t_.. Sister City Association Policy 11/28/88 1/24/94 K- 2 1 i MIN '. i�l I fffil�i��: 1'111 }lit t'f General Plan- I s F1 ir+: :�i. 4/22/74 l� fl!1�. 4/13/04 K-12 Places of Historical and Architectural I, Si nificance 5/28/85 _..._�a 1/25/99 -ha -- ha— ha.._.......... —_ K -'3 'Implementation Procedures for CEQA --. 3/26/73 4/13/04 8/26/74. _3/22/99 3 1/13/75 /22/99 , ._ ... ..-- ha- ha-- ...-- --- -..._._. _..-- --- - -- .......... K- 4- Paleontological Guidelines K- 5 (Archaeological Guidelines - -.... ha-ha - - - -... ... __.._.....— ...--- .— ._....�- K- 6 ....._ Changes to the S.A. Heights Specific Plan or to Aspects of the General Plan that Relate to the Santa Ana Heights Specific Plan -- ....... Ic ha—ha Determination of Convenience and Necessity for Alcoholic Beverage Outlets 5/9/06 ._........... N/A K- 7 -.... 5/8/95 5/8/95 4/23/02 3/9198 - - .............. -- I -- K- 8 Seashore Oceanfront Comprehensive Plan K- I 9 Code Enforcement 6/26/95 _ N/A Establishes guidelines for conducting code enforcement activity fa) the City does not supply forms for complaints ',so this change requires complaints to be made 'generally in writing Kappeler K- 10 !Economic Development Policy_ 3/22/93 5/001 Kf -1p11 iTemporary Charitable Event S�{ig 4/23/02ryi N/A 1-1 1 {�nage k)P'iit✓ Sidewalks, Curbs, and Gutters i 3/22/65 e:tl, �iff`rf. .3 .i:.i, 2/24/97 uY.. r "l piIF l ! lTti•,. ':if nf, , Talks about what the City's responsibility is for repairs and cost versus the homeowner's responsibilities, Establishes policy for driveway construction _ - - .__..... _ t .I_'v:fl, 4i _9_ a) adds that the homeowner will be responsible for the cost of repairs to water services, water mains, sewer mains and laterals caused by trees on, private _prgperty_.- __ „_....— ___ -. -J,_ a) written version of actions that City Council took in the past. .. Asher Badum L- L-1 L- L-15 2 3 14 Driveway Approaches City Landscaping restoration in Conjunction with Public Works Construction Projects Private Streets ......� Street and Sidewalk Improvements 1/24/66 4/11/66 11/23/64 10/24/66 5/8/01 1/24/94 2/24/97 --- 2/26/96 Page 5 6- Council Policy Manual Changes 2006 City of Newport Beach October 10, 2006 or i L- 6 Private Encroachments in Public Rights -of- 8/25/69 5/8/0 Wa L- 7 Encroachments and Bay Access on Buena 3/14/77 5/8/01 Vista Blvd./ Edgewater Avenue between Bay I Avenue and Fernando Street L- 8 Private Encroachments in Public Rights -of- 8/24/81 5/8/01 Way Ending at the Oceanfront or at Newport I Bay 7/22/96 L-:9 'Conversion of Public Streets to Private Streets 11/22/82 says currentl. Attachment A L- 10 Sound Attenuation Walls 2/10/86 2/26/96T L- 11 Liquidated Damages Policy I 2123198 N/A L- 12 Oceanfront Encroachment Policy 11/26/90 5/8/01 Establishes specific restrictions and a) various issues that were raised from the Badum conditions on the installation of private City's recent survey and enforcement of improvements in the public right of way oceanfront encroachments. along the oceanfront from the S.A. River L- 13 McFadden Plaza and Pier Use Policy 10/14/91 5/26/98 ' L- 14 ',Ci Entrance a_nd Village Signs 10/28791 N/A L -'.15 _ Encroachments on Public Sidewalks 1/11/93 _ 2/26/96 _ L- 16 'Temporary Banners Extending over the Public 1/24/94 4/8/03 'Because temporary banners and signs in a) clarifications of current unclear and Badum Right of Way the public right -of -way pose risks to the confusing permitting requirements. public, reduce property values, etc., this .I policy outlines the general provisions, permit process and standards for compliance. L- 17 Water Service Outside the Cites _ 6127160 2126!96 L- 18 Water Quality Protection -- Drainage - Public 4/23/02 N/A Rights of Way __....._. .. _... - ---.._. ............._......... ........_ _..�._ —... _........ .... .. .. ...... ........... .... . -- L -� 19 Leased Street Lights 9/11/72 2/26/96 L -'20 '.Water Rates 10/26/76 4/8/03 L- 21 Sidewalk Cafe Standards and Procedures 3/11/96 4/23/02 L- 22 Water Quality Protection — Water Quality 4/23/02 N/A Management Plans _ ! L- 23 The Siting of Wireless Telecommunications 9/24/02 N/A Describes manner in which specific city a) remove "Big Canyon Reservoir and Asher Equipment on City -Owned Land owned properties may be used as surrounding grounds" from list of sites eligible 1 locations for wireless telecom devices for use for security reasons. that transmit voice or data. L 24 Fla s on Public Bridges _ 6/22/04 { L- 25 Decorative Concrete Pavers in Alleys 8/24/04 4/12/05 L- 26 Neighborhood Traffic Management Policy 9/12/06 N/A Page 6 J RE INSTRUCTIONAL RECREATION ACTIVITIES The instructional recreational programs for children and adults provided by the Recreation & Senior Services Department will be conducted on the basis of being at least self - supporting. Affi ameunt equal to at least `'F� ef the costs inewredvAbe set aside for- admi istr-^ti°e eve -h a Registration fees will be based on an amount sufficient to acquire independent contractors, class materials and the administrative overhead and a facility use fee. Occasionally, it may be necessary to conduct a specific class in which revenues are not sufficient to be self - supporting. However, each total recreation program, such as tennis, sailing, surfing, etc., will be at least self - supporting. The Recreation & Senior Services Director or designee is authorized to enter into agreements for securing independent contractors for approved instructional recreation activities. A sum of money equivalent to 20% of the gross annual revenues derived from the instructional classes in surfing shall be set aside and used for the purpose of purchasing new or replacement surfboards or development of aquatic and surf related activities. A total of 20% of the registration fees from tennis instructional classes shall be set aside annually for refurbishment or development of courts or development of new recreational programs or facilities. A total of 20% of the registration fees from the sailing instructional classes and 100% of the proceeds from the agreement for the use of the 29th Street public dock shall be set aside annually for refurbishment and replacement of the recreation sail boat fleet and development of waterfront activities program. Adopted - October 1963 Amended - August 30,1966 Amended - November 25,1968 Amended - March 1970 Amended - April 12,1971 Amended - August 9,1971 Amended - February 14,1972 Amended - March 13,1972 Amended - November 11, 1974 Amended - March 24,1975 Formerly I-6 Formerly I -2 Amended - December 8,1975 Amended - November 27,1978 Amended - November 28,1988 Reassigned - January 24,1994 Amended - February 27,1995 Amended - December 14,1998 Amended - May 8, 2001 Amended - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 RI N IC VINCENT JORGENSEN COMMUNITY ROOM IN LIBRARY BACKGROUND The large meeting room at the Crean Mariners Library is known as the Vincent Jorgensen Room (Jorgensen Room). The Recreation Division of the Recreation and Senior Services Department administers the use and scheduling of this community room. Due to funding and joint use parameters, the majority use of this community room is for youth oriented and educational activities. APPLICATION Application and scheduling shall comply with Council Policy B -13 except for the following: STANDARD CONDITIONS TO USE A. No person shall interfere with the normal use and activities of the Library by way of noise, disturbance or other activity. B. Groups of seventy (70) 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. C. The Jorgensen room shall not be used for private social functions such as weddings, birthday parties, events, (unless events are necessary as part of a Library or City sponsored event or production) etc. D. The Jorgensen Room is reserved 8:00 a.m. - 6:00 p.m. Monday through Friday for children's programming. Evening and weekend hours may be available through the Recreation and Senior Services Department. E. Applications for reservations may be made no more than 90 days in advance and no more than once every 90 days. There can be no recurring reservations. Adopted 2006 D NEWPORT THEATRE ARTS CENTER BACKGROUND M The Newport Theatre Arts Center (Theatre) has been the site of community theatre productions since 1979. The Friends of the Newport Theatre Arts Center (Friends), a non -profit public benefit corporation, have, since 1980, managed the Theatre and offered first class theatrical productions and shows using dedicated volunteers from the community. The Friends have presented at least four productions a year, have funded their program through ticket sales and donations from the private sector, and have used excess funds to purchase theatrical equipment. The plays and shows presented by the Friends are affordable to all economic segments of this community and offer residents a unique opportunity to attend or participate in theatrical productions. The Friends represent the epitome of "community theatre" - a volunteer effort using principally non -equity performers that is self funded and offers performers of all skill levels an opportunity to develop their talents. MANAGEMENT /PRIMARY USE The City Council has, pursuant to a written management agreement, appointed the Friends as the primary user and manager of the Theatre in recognition of their dedication, skill and effort over the years. The City Council is aware that the consistent presentation of first class community theatre requires extensive pre - production use of the venue for rehearsal, set construction and related activities. The City Council has determined that the community theatre program offered by the Friends requires exclusive use of the Theatre for continuous and extended periods of time throughout the year and from year to year. As manager, the Friends are required to make the Theatre available, and to supervise its use, by other groups or organizations selected by the City (Third Party/Third Parties) for stage plays or artistic events during no less than two (2) two -week periods each year (Reserved Periods). The Friends are also required to allow and supervise use by residents and local business owners for short meetings or events of limited duration The City Council expects the Friends, in supervising the use of the Theatre by any Third Party, to serve as a resource, if called upon, to facilitate the efforts of community groups authorized by City to present stage plays at the Theatre. 1 10 :: RESERVED PERIODS The City, through the Recreation & Senior Services Director, is responsible for selecting the Third Party/Third Parties that will be permitted to use the Theatre to present stage plays or other artistic productions during the Reserved Periods. Third Party use of the Theatre shall be granted pursuant to a special event permit and license agreement (permit). In selecting among applicants, preference shall be given to public benefit non- profit corporations in good standing that have received a tax exempt determination pursuant to Section 501(c)(3) of the Internal Revenue Code. Since the theatre is one of very few venues in the area that is capable of accommodating live stage performances, preference shall be given to an applicant seeking permission to use the Theatre for live theatrical performances presented during at least one entire Reserved Period. The City shall use the following criteria in selecting among qualified applicants that have submitted timely applications requesting use of the Theatre at the same time during all or a portion of any Reserved Period: A. Previous experience in presenting live stage productions of a magnitude similar to that proposed in the application; B. Firm coimnitments from technical, artistic and support staff capable of producing a live stage play; C. The extent to which Newport Beach residents are involved in the production; D. The extent to which , the production involves or generates educational opportunities for youth; E. Whether the applicant has secured the rights to produce the play and the extent to which the applicant can demonstrate the ability to pay required fees and charges. F. The potential for recurring use by the applicant. in the event that no application is submitted and approved by the City authorizing presentation of a live theatrical performance during any Reserved Period, preference shall be given to the applicant who first submits a timely application to present a cultural or artistic event that is consistent with the historical usage of the Theatre. The Recreation & Senior Services Director is authorized to meet and confer with applicants who have submitted conflicting requests in an effort to determine if the 2 L.M. applicants are willing to modify the requests to avoid the conflict. The Recreation & Senior Services Director is also authorized to partially grant or modify any application to eliminate conflict or to preserve use of the Theatre for the City or for other purposes. While the Recreation & Senior Services Director will generally determine Third Party use of the Theatre pursuant to the application process. However, the City Council may, upon a determination that a requesting group substantially complies with the selection criteria in A - F and at a noticed public meeting, authorize Third Party use of the Theatre for multiple or consecutive Reserved Periods subject only to execution of the required permit. PROCEDURES A. Subject to the provisions of Subsection B, any individual, group or organization requesting permission to use the Theatre during all or a portion of any Reserved Period, or for any event that requires a special event permit pursuant to Chapter 11.03 of the Newport Beach Municipal Code (applicant) shall file an application for a permit. The application shall be filed with the Recreation & Senior Services Department no less than 45 days prior to the first date of the Reserved Period during which applicant proposes to use the Theatre and shall be accompanied by the fee established by resolution of the City Council. The application shall be submitted on forms provided by the Recreation & Senior Services Department, all requested information shall be provided and an individual authorized to bind the applicant shall sign the application. The applicant shall clearly specify the requested dates and times for use of the Theatre and describe, in detail, the production to be presented as well as the technical, artistic and support personnel to be involved in the production. B. In the event that the City Council has authorized use of the Theatre by a Third Party pursuant to the provisions of the "Reserved Periods' section, the Third Party shall submit the information required by Subsection A within fifteen days after the action by the City Council but is not otherwise required to comply with the procedures specified Subsection A. CONDITIONS All use of the Theatre shall be subject to strict compliance with this Policy, the application submitted, the "House Rules" (Exhibit A) and the terms and conditions of the Special Event Permit and License Agreement (Permit). The House rules and the 3. El M. Permit shall be provided to the applicant when the application is filed. In addition, each Permittee shall strictly comply with the following conditions: A. The Theatre shall not be used, or open for use, by any person before 8:00 a.m. or after 11:30 p.m. on any day. B. The Permittee shall take all reasonable steps to ensure that all users respect nearby residents by m;n;m;zing noise, parking and other impacts. C. The Permittee shall use the property, the Theater and the Theatre Equipment with due care and in a manner that avoids any damage, any injury to any person, and minimizes wear and tear. D. The Permittee shall comply with all applicable laws and shall take all reasonable steps to ensure that guests and invitees also comply with all applicable laws. E. The Permittee shall fully and immediately comply with all requests of the Recreation & Senior Services Director and the Chief of Police or their employees. FEES Use of the Theatre by any Third Party shall be subject to the payment of fees to the City for the use of the Theatre (Property Fee) and to the Friends, to the extent applicable, for use of the stage and sound equipment (Equipment Fees) and skilled personnel qualified to operate the Equipment (Operator Fees). The Property Fee, Equipment Fees and Operator Fees are as specified in the Fee Schedule (Exhibit B). The Recreation & Senior Services Director may waive all or a portion of the Property Fee upon request and a showing of good cause. The Recreation & Senior Services Director shall collect, and remit to the Friends, any Equipment Fees and /or Operator Fees. Users shall Ray Provertv Fee and 50% of the estimated Eauipment and Operator Fees a minimum of one week (7 calendar days) prior to the event. [Exhibit A - House Rules] [Exhibit B - Fee Schedule] 0 13 Adopted - July 27,1981 Amended - October 22,1984 Amended - November 28,1988 Amended - October 22,1990 Amended - January 24,1994 Amended - May 22, 2001 Amended & Reassigned - April 8, 2003 Amended - September 13, 2005 Formerly I -18 Formerly I -6 r.. 5. lu :, HOUSE RULES The following rules apply to all use of the Newport Theatre Arts Center (Theatre) by any Third Party using the Theatre. A. THEATRE USE The right to use the Theatre includes only the main theater consisting of the 90 seat auditorium and stage, "green room', entry lobby and public restrooms, box office area, two downstairs dressing rooms and bathroom, all access ways, parking area and exterior grounds. In no event shall Permittee use any office equipment or telephones owned by the Friends of the Newport Theatre Arts Center (Manager), the kitchen /office maintained by the (Manager), backstage workroom, or costume, prop and set storage rooms. Use of these areas is non- exclusive and Managers agents may also occupy the designated areas provided they do not interfere with Permittee's use of the Theatre or the production. Only technical personnel approved by the Manager are allowed to enter the tech booth. B. MANAGERS PROPERTY/ EQUIPMENT Permittee shall not use Managers tools, costumes, props, or sets. Permittee may use the telephone provided by the City. C. SUPERVISION Access to, and use of, the Theatre shall be pursuant to the supervision of a Stage Manager or House Manager designated by the Manager. D. MARQUEE Permittee is to provide the layout for inclusion of text in the marquee and Manager approved personnel will install the lettering or supervise the installation by Permittee. Only layouts that utilize existing Theatre lettering will be allowed. The marquee will be available to Permittee only during the Use Period. Exhibit A 1 )5 :. E. CLEANING The carpeted areas and seats in the Theatre must be completely covered by Permittee during any set construction, painting or other work on the stage or in the auditorium area to protect those facilities against dust and damage. At the conclusion of the Use Period, Permittee shall return all facilities and equipment to the condition immediately prior to use by Permittee. F. SOUND MONITORS The sound monitors are permanently located and Permittee shall not move or relocate the monitors. G. FOOD BEVERAGES Food or drink is permitted only in the lobby. No food or drink may be taken into the auditorium. Pem-dttee shall consult with Manager, and receive Manager's approval, prior to any sale or distribution of food or beverages on or from the Theatre. H. BOX OFFICE PERSONNEL Permittee shall provide box office personnel as well as tickets and /or reservation services. Permittee shall also provide any security or admission personnel. Manager may be able to supply box office personnel if Permittee makes a timely request and pays required fees. I. DECORATIONS Permittee shall not use confetti, glitter, spray paint, liquid paint, burning objects or helium balloons on the property. Permittee shall obtain Manager's approval of a decorating plan prior to installing any decorations. J. DRESSING ROOMS The dressing rooms are reserved for the use of the actors and stage personnel. In no event shall the dressing rooms be used for entertainment of guests or the storage of equipment. Smoking and alcohol are prohibited in dressing rooms. Exhibit A `a E r.. K. RIGHTS AND ROYALTIES Pernittee shall provide evidence that they have applied for the rights to stage, at the Theatre, the production described in the application for permit and that all required royalties and rentals have been paid. In no event shall Pernittee be allowed access to the Theatre without providing proof of rights and royalties. Permittee shall not film or reproduce any production unless and until Pernittee provides evidence that publisher or owner of the performance rights has given express permission to do so. Adopted - May 22, 2001 Reassigned - April 8, 2003 Formerly I -6 Exhibit A 3 17 - FEE SCHEDULE FEES CHARGED ARE IN ACCORDANCE WITH THE MASTER FEE SCHEDULE WHICH IS ANNUALLY ADJUSTED BY RESOLUTION OF THE CITY COUNCIL. A. Lighting Designer to hang, focus and program lights. -or- Lighting Technician who will program existing hanging lights only and operate lights for shows - per hour with 3 hour minimum. B. Sound Designer to place sound equipment in locations, adjust microphones and program equipment, etc. C. Additional technicians to operate lights and /or sound equipment during performance -- per hour with 3 hour minimum. D. Stage Manager who will monitor backstage activities and assist with matters involving use of stage and curtain only -- per hour with 3 hour minimum. E. House Manager who will monitor front of house, direct ushers and assist with matters involving front of house only — per hour with 3 hour minimum. F. Ushers -- per usher per show, from 30 minutes before performance through intermission. G. Lamp and lighting equipment use, including dimmer packs, computers, light board, hanging fixtures, lamps and gels — per hour or part of hour, including programming time, as well as running time for show. Rate to be different per hour if both lighting and sound equipment are used. H. Permittee reimburse the City for all charges or costs associated with services requested by Perrnittee. No charge for use of small piano other than tuning charge if user wants piano tuned. Small piano moving and replacement to original location to be done by Permittee. I. Property Fee is charged per day of use. Adopted - May 22, 2001 Amended & Reassigned - April 8, 2003 Amended - September 13, 2005 Formerly I -6 Exhibit B 1 I? PUBLIC USE OF CITY FACILITIES 1fri�� 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 and cultural activities. It is the intent of this Policy to provide use regulations and application and scheduling procedures to accommodate all groups that wish to use City facilities. PROCEDURE A. Applications to use the City facilities must be made on forms provided by the Recreation & 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 cleaning deposit in an amount that will promote use of the Recreation & Senior Services facilities in an orderly manner without damage to the facilities. Security cleaning deposits will be refunded upon inspection of facilities and confirmation that no property damage has occurred or clean up is required. C. Applicants will be required to acknowledge that neither the City nor the Department assumes any liability for injury or loss of personal property. Prior to the use of the facility, the application must have approval of the Recreation & Senior Services Director or designated representative. D. Approval or denial of an application 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 five working days before the event. Any organization using City facilities on an ongoing basis shall notify the Department when there is a change of officers or of organizational policy. 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 M 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 application 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 may be required at the time of application in order to receive the resident rate. REGULATIONS AND RESTRICTIONS All uses of Department facilities will be subject to the following regulations and restrictions: A. 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 multi- purpose room and Newport Theatre Arts Center_(NTAQ when done in compliance with State Alcohol Beverage Control regulations and approved in writing by the Recreation & Senior Services Director. Approval to serve beer and wine at the OASIS Senior Center shall not be deemed to approve service of alcohol in violation of Section 25604 of the Business and Professions Code. The Recreation & Senior Services Director will require the pennittee to pay City costs to provide additional security. B. Smoking is prohibited in all City facilities including restrooms and with 20 feet of all entrances, windows and within 25 feet of all playgrounds. C. For all indoor facility rentals involving young people, 18 years and under, there shall be at least one adult for every 20 minors, or increments thereof, in attendance, who shall remain in the facility for the duration of the activity. D. No group's activities shall interfere with the administration of the Department. E. Non - profit 501 (c) (3) groups may use the facility for fundraising activities and charge entrance fees and collect donations provided that a detailed plan of the event, including the expenses, marketing plan and procedure for collecting fees, 2 B-13 is submitted with the rental application. The group treasurer will be required to submit a financial report following any such activity. 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 will be considered commercial users. J. The capacity of City facilities shall not be exceeded. K. Storage space will not be granted to any ongoing activity or uses. 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 Yea's Eve, New. Year's Day, Thanksgiving and Veterans 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. 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: 3 B -13 A. All official Department initiated and /or conducted activities, including those of the Friends of OASIS at the OASIS Senior Center. 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 Recreation & Senior Services Department. D. Official public agency sponsored programs and activities not included in A, B, and C above. E. Youth Sports Conunission Member Organizations. F. Resident non -profit youth serving organizations with 50% or more of membership consisting of Newport Beach residents. G. Recreational, social or civic activities of groups which are resident promoted and sponsored by local non - profit* organizations which are open to the public and have 50% or more of memberships consisting of Newport Beach residents. H. Recreational or social activities of private Newport Beach residents which are not open to the public. I. Recreational, social or civic activities and /or groups which are non - resident promoted and sponsored by non -profit organizations which are open to the public, but not qualifying under D above. J. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of non - profit. K. Others. * Non-profit status is defined as an organization that is so defined by the Internal Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number. n as B -13 FEES, DEPOSITS AND CANCELLATION PROCEDURES Fees may be charged for the use of City facilities and shall be established and periodically adjusted by the Parks, Beaches & Recreation Commission 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 & 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 will be charged for rental of the OASIS Senior Center multi- purpose room. C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events co- sponsored by the City of Newport Beach or its departments, with the exception of set -up charges and fees for lighting usage. D. Cancellations for any facility other than the OASIS Senior Center multi- purpose room may occur seventy-two hours prior to the scheduled use of facilities without forfeiting fees collected by the City, with exception of a City service refund processing fee. Cancellations with less than seventy-two hours notice will be charged a cancellation fee established by resolution of the City Council. In the event of cancellation by the City, notice will be given as far in advance of the scheduled use as possible. E. Cancellation of rentals by users for the OASIS Senior Center multi- purpose room 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 & Reassigned - April 8, 2003 Amended - July 22, 2003 Amended - September 13, 2005 Formerly I -25 5 �3 BUDGET ADOPTION AND ADMINISTRATION PURPOSE F -3 To establish the policy for the preparation, adoption, and administration of the City's Annual Budget. POLICY A. Revenues and Expenditures. With rare exceptions, the City's policy is to identify and separately budget and account for revenues and expenditures. However, in some cases the Administrative Services Director may determine that certain funding coming in to the City is more properly reflected as abatement to an expense than as revenue; or that certain expenditures of funds are more properly reflected as abatements to revenue than as expenses. The Accounting Division will keep note of all such entries, and maintain the ability to separately identify the component transactions. Examples of transactions where such recording is often appropriate are earnings on compensating balances, which directly offset the City's expenditures for banking services; and credit card processing charges, which decrease actual revenue received. B. Organization and Development of the Annual Budget. Each year the City shall prepare and adopt, by formal Resolution, an annual budget as required by the City's Charter and as provided for in the City's Budget Instructions. The Annual Budget is published in three volumes, the Resource Allocation Plan (RAP), the Budget Detail and the Capital Improvement Program (CIP). The RAP provides an overview of each department's mission, functions, statistical information, and budget. It also provides summary information regarding the Capital Improvement Program, as well as summary information for budgeted and historical overall City revenues, expenditures, and fund balances. The Budget Detail contains line by line information regarding operating expenditures for the prior year, current year and budget year. The CIP document provides a summary of current and future planned projects, basic descriptions of each project, the funding source and the scope of work to be performed. The City programs expenditures into four classifications. These are Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital Expenditures. Capital Expenditures are subdivided into Capital Outlay, which is generally used for items of operating equipment or other purchases in excess of $500, and 1 PA F -3 Capital Projects, which generally deal with Public Works related improvements for a distinct and identifiable purpose and function. Policy guidelines regarding budgeting for upkeep and improvement of City buildings are as follows. • Cleaning, maintenance, and minor repair expenses are funded within departmental Maintenance and Operations budgets. This includes janitorial, limited painting, and routine electrical, plumbing, and minor structural repairs. • Most capital equipment outlays are also budgeted at the department level. These include expenditures for furniture (free - standing and most built - ins), carpet replacement, and electronic equipment. • Building expenditures that are for a more substantial and relatively infrequent purpose are funded as Capital Improvement Projects above the departmental level. These include such items as roof replacements, significant plumbing and /or electrical upgrades, or remodels involving structural changes. Budgeted Expenditures for all four classifications are aligned in the Budget Documents by Department Budget Units, which usually coincide with Operating Divisions within the City's organizational structure; and, separately, by Capital Projects. Therefore within each Division Budget, there will be sections for Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital Outlay. During December of each year, the Administrative Services Department shall prepare preliminary fund balance estimates for the current year and preliminary revenue estimates for the next fiscal year. In January of each year, the Administrative Services Department shall prepare a budget calendar and issue budget instructions and expenditure detail to each department for use in preparation of the next year's City budget. Included in these instructions will be budget guidelines and appropriation limits for each department. These guidelines will be developed by the Administrative Services Director and approved by the City Manager. In accordance with City Council Policy F -2 (Reserves/ Designations of Fund Balance), the status and possible changes in Reserve Accounts shall be addressed as part of this process. After submission of revenue and expenditure appropriation requests by each department, the Administrative Services Department shall summarize the 2 I F -3 requests for review by the City Manager and Department Heads. After review by the City Manager and Department Heads, the Administrative Services Department shall prepare the City's proposed budget for the next fiscal year and shall submit said proposed budget to the City Council. Thereafter, the City Council shall hold as many budget study sessions as it deems necessary. Council budget study sessions shall be recorded. All proposed Council changes in the City Manager's proposed budget shall be added to a budget checklist. Subsequent to Council review and prior to its final adoption, the City Manager shall provide each Council Member with an itemized list of all proposed changes to permit a roll call vote by the City Council on each item during a Council meeting. The City Council shall hold a budget hearing and shall adopt a budget on or before June 30 as required by the City Charter. C. Administration of the Annual Budget. During the budget year, Department Heads and their designated representatives may authorize only those expenditures that are based on appropriations previously approved by City Council action, and only from accounts under their organizational responsibility. In addition, budget expenditures may only be authorized in the year appropriated. Any unexpended appropriations, except valid encumbrances, expire at fiscal year end unless specifically reappropriated by the City Council for expenditure during the new fiscal year. Department Heads are responsible for not authorizing expenditures above budget appropriations in any given expenditure classification within their purview, without additional appropriation or transfer as specified below. i. New Appropriations. During the Budget Year, the City Council may appropriate additional funds for special purposes by a City Council Budget Amendment. The City Manager has authority to approve requests for budget increases not to exceed $10,000 in any Budget Activity or Capital Project. (This must be specifically included in each year's Budget Resolution to remain valid.) 2. Grants & Donations. The City Manager may accept grants or donations of up to $30,000 on behalf of the City. However, if a new or additional appropriation is required, the City Manager's authority to create new appropriations is limited to $10,000 as stated above. The City Council will be formally notified of such actions on a quarterly basis by way of the City 3 d� F -3 Manager newsletter to the City Council. (This provision must be specifically included in each year's Budget Resolution to remain valid.) Additionally, grant appropriations approved by City Council may be carried forward to the following fiscal year(s) as long as the grant terms remain valid, the expenditures are consistent with the previous Council authorization, and the funds would otherwise need to be returned to the granting or donor agency. Also, see Council Policy F -25 for specific grant acceptance and administration procedures. Grant contracts and restricted donations in excess of $30,000 must be specifically approved by the City Council. Occasionally, the terms and conditions of a grant are approved by City Council in a year prior to when the program activity will take place and therefore, the funds are not appropriated to carry out the grant at that time. In such cases, the City Manager may appropriate the funds when they are received, provided the expenditures clearly meet the amount, terms, nature and intent of the grantor donation previously approved by City Council. 3. Assessment District Ap1ro_priation Assessment district projects are typically funded by property owner contributions and bond financing secured by property assessments. City staff will initially seek appropriation to advance City resources for the assessment engineering and the design work related to a proposed assessment district. Since the City's advance is at risk until a district is formed at a public hearing, the appropriation related to advanced resources shall be subject to the normal budget policies. However, once the district has been formed at a public hearing, the City Council will adopt a "project - length" budget for the district and City staff will be allowed to roll the appropriations forward into future fiscal years without rebudgeting the project through the formal CIP process. When assessment bonds are issued to finance the improvements, the bond issuance costs are estimated at the maximum amount that would be required to complete the improvements because it is not known how many property owners will opt to pay the assessment in full during the cash collection period. Finance staff will also have the authority to reduce Council appropriations (related to bond issuance costs) after bonds are resized and sold. 0 a3 F -3 4. Transfers. During the fiscal year, actual expenditures may exceed budget appropriations for specific expenditure line items within departmental budgets. If a total departmental budget, within a specific Classification, is not exceeded, the Administrative Services Director has the authority to transfer funds within that Classification and Department, to make the most efficient use of funds appropriated by the City Council. (Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital Expenditures are the City's four Classifications.) 5. Realignments. Further, funds may be realigned between one Department Budget Activity and another, within the same Classification, with City Manager approval. For example, if a Fire Department function and the employee who accomplishes it are replaced by a slightly different function assigned to the Police Department, the City Manager may authorize the transfer of appropriate funds to support this function. 6. Reprogramming. Any reprogramming of funds among the four Classifications (Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital Expenditures) within a given fund requires the City Manager's approval. Any budget revision that changes the total amount budgeted for any fund (other than the minor provisions contained in paragraphs CB.1. and CB.6.b.) must be approved by the City Council. 7. Capital Projects. The Department Head having primary responsibility for a Capital Project (usually the Public Works Director) is authorized to encumber and approve subsequent expenditure of City funds for Capital Projects. However, contracts in excess of $30,000 require specific City Council authorization at the time of contract award. In addition, any contracts not of format and wording already approved by the City Attorney require specific City Attorney review and approval prior to contract award. Once a contract has been awarded, change orders may be approved by the Public Works Director, or other Department Head having responsibility for the Project, so long as the net total amount committed to the Project remains below 110 percent of the original contract award amount; and so long as the original amount appropriated for the Project by City Council is not exceeded. 5 a.� F,3 Change orders exceeding the above thresholds may be approved by the City Manager as follows: a. Total spending for any single contract may not exceed 125 percent of the original contract award amount without City Council approval. In certain situations the Public Works Director and the City .Manager may determine that a change order exceeding this 125 percent threshold is needed, and that the timing is such that a work stoppage or other undesirable consequence will result if approval of the change is delayed until the next City Council meeting. In those instances, the City Manager may approve a change up to 150 percent of the original amount. However, the City Manager will notify all City Council Members individually if this situation develops, and if there are any objections to the increase, a special meeting of the City Council will be called to address the issue. b. The total amount authorized for a capital improvement project may be increased by transferring funds from one Project to another or by reprogramming funds from any of the other three classifications (see C.56), so long as the new total does not exceed 110 percent of the original amount appropriated by Council. C. In the event that the transfer or reprogramming action in C.67.a. or C.67.b. above would result in a material reduction in.the scope of the capital project or other City activity from which funds are to be withdrawn, City Council authorization is required. For example, the movement of five percent (5%) of the funding from one large project to another large project of the same general category could be approved by the City Manager, whereas the elimination or significant reduction of two small, unrelated projects to provide funds for a five percent (5 %) increase in a much larger project would require City Council approval. In all instances, notification of any changes to capital project contract amount or budget authority must be communicated to the Administrative Services Director. All unexpended and unencumbered capital projects will be canceled on June 30 of each fiscal year. The appropriation balance of these canceled 6 J1 F -3 projects will be recorded in the Reserve for Capital Improvements or another appropriate Reserve Account by the Administrative Services Director at fiscal year end (see also paragraph D.2. below). 8. Reserves. Funds from unappropriated contingency reserves may be transferred to active Classification accounts only by City Council Budget Amendment. D. Additional City Council, City Manager, and Administrative Services Director Responsibilities. The Administrative Services Director is responsible for checking purchase requests against availability of funds and authorization as per the approved Budget. The City Manager is responsible for approving expenditures which do not conform to the approved Budget, but which fall within the exceptions noted in this policy statement. It is the responsibility of the City Manager to administer the City's budget within the framework of policy and appropriation as approved by the City Council. 1. Special City Council Expenditure Approval. Once the final Budget has been approved by the City Council, specific City Council approval to make expenditures consistent with the Budget will not be required, with two exceptions (see also Purchasing and Accounts Payable Procedures): a. Capital Projects in excess of $30,000. b. Consultant Contracts in excess of $30,000. All other budget administration actions, including the routine filling of vacancies in staff positions authorized within the Budget, will not require further City Council approval. However, new positions and other new expenditures do require City Council approval, and the City Council and City Manager reserve the right to impose any special fiscal control measures, including a personnel hiring freeze, and other spending controls, whenever circumstances warrant. Since the annual Budget is approved by formal Resolution, a request by a City Council Member for review of a portion or portions of the Budget, with a view toward changing amounts appropriated or the purposes for which they were appropriated, requires a majority vote of the City Council. 2. At fiscal year end, the Administrative Services Director is authorized to realign, reprogram, and /or transfer money among accounts within each Fund in order to close the books of accounts of the City of Newport Beach 7 30 F -3 in accordance with generally accepted governmental accounting principles as established by the Government Accounting Standards Board, Government Finance Officers Association, and other appropriate accounting or auditing pronouncements. Any net shortage within a Fund will be recorded as a decrease in Fund Balance and reported to the City Council. Any net excess will be recorded as an increase to one or more appropriate Reserve Accounts as recommended by the Administrative Services Director and approved by the City Manager. (Information regarding appropriation of Funds from the Reserve Accounts is contained in City Council Policy F -2.) Adopted - January 24,1994 Amended - February 27,1995 Corrected - February 26,1996 Amended - May 13,1996 Amended - May 26,1998 Amended - August 8, 2000 Amended - May 8, 2001 Amended - April 23, 2002 Amended - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Amended - Formerly F -10, F -11, F -12, and F -21 0 31 CITY TRAVEL POLICY STATEMENT PURPOSE on To set forth the policy for official City travel and to establish procedures for reimbursement of expenses incurred by City Council members, appointed officials, members of special boards, commissions, committees, and employees while traveling overnight on official City business. This policy shall not apply for commuter (local) training seminars and local City business expenses, nor is it intended to supersede P.O.S.T. reimbursable travel policies established by the State of California or the Newport Beach Police Department. The governing rule for all City travel expenses shall be availability, economy, convenience, and propriety. TRAVEL POLICY A. The City shall provide reimbursement for expenses directly related to attendance at approved conferences, seminars, meetings, and other official functions/ purposes. B. Official travel is planned, approved, budgeted, and controlled at the Department level, except in specific cases described below. C. Authorized travel approved in the annual budget requires no further approval beyond the departmental level. If, however, it becomes apparent that the total travel cost will exceed the budget estimate, the approval of the Administrative Services Director must be obtained. Variations greater than twenty percent shall be referred by the Administrative Services Director to the City Manager for approval. The number of attendees representing the City at any given conference (or other function requiring expenditure of travel funds) will not exceed the number specified in the budget without Council approval (in the case of commission members), or Department Head approval (in the case of City staff or committee members). D. Unbudgeted, unplanned travel requests shall be submitted by the Department Director to the Administrative Services Director who will forward the requests to the City Manager for approval. Such requests shall include the proposed funding source for the travel (other travel canceled, reprogramming of other funds within the department, etc.). 1 0 W. E. Travel Expenses fall into two categories. 1. Those that are paid directly by the City or reimbursed to the traveler based on actual, itemized expenses. Lodging, airfare, rental car, fuel, parking fees, tolls, taxi- fazes /local transportation, official telephone calls and conference registration fees fall into this category. Whenever practical, these expenses should be paid directly by the City. These itemized expenses shall be accompanied by receipts to obtain reimbursement. 2. All other expenses shall be covered by the per diem payment. These expenses include meals, laundry, tips, and all other expenses not specifically itemized above. F. The City's per diem rate is $6964.00 per day (adjusted by December 2001 -2005 Consumer Price Index). Travel days may be included in computing the per diem. The City Manager or Department Director may direct that travel expense reimbursement be at the actual cost of travel rather than the per diem rate when meals or other travel expenses are included as a part of the registration fee, or when other circumstances dictate such a decision, but in no instance shall the actual expense reimbursement for meals, etc. exceed the per diem rate. These itemized expenses shall be accompanied by receipts to obtain reimbursement. For appropriate events, the Department Director may further authorize travel at a reimbursement amount that is less than either full per diem or actual expenses. Travel of this type cannot be mandatory and is not to be authorized without the traveler's concurrence. The per diem amount will be adjusted annually by the Consumer Price Index, however, this annual adjustment will be made in increments rounded to the nearest $5.00 but shall not exceed the federal government's standard allowance for meals and incidental expenses set for the Los Angeles and Orange CoLi= area. G. Any reimbursement /cost offset from outside sources, such as P.O.S.T. reimbursements or airline discounts, are payable to the City. H. For local /short distance travel, City vehicles shall be used whenever practical. When personal vehicles are authorized and used, reimbursement will be at a flat rate as prescribed by Internal Revenue Service regulations. I. If personal vehicles are used for trips to more distant locations, the City will reimburse the traveler at the mileage rate or the standard discount /coach airfare rate, whichever is less. One day of travel time will be allowed each way, 2 33 INIM regardless of the mode of transportation. Travelers who request and are authorized to travel relatively long distances by personal vehicle rather than commercial air transportation must take leave to accommodate the additional travel time required. Regardless of the actual hours of travel, overtime will not be paid for said travel. Travel days that fall on weekends will not constitute overtime. Department Directors may authorize leave time at the travel site if requested. J. Travel advances up to 100% of confirmed airfare, lodging, registration expense and per diem are authorized. All other advances will be at the rate of 50% of estimated expenses. Requests for advances beyond this amount must be approved by the Administrative Services Director. K. Airline travel shall be at standard coach or comparable class. Lodging accommodations shall be at standard room, single occupancy rate. The governing rule shall be availability, economy, convenience, and propriety. L. Travel claims shall be submitted to the Administrative Services Director within ten working days of travel completion. PROCEDURE A. Each Department Director shall include all planned trips in the Department's annual budget requests. The attached Travel Authorization Form shall be used as a planning /cost estimation guide. For unbudgeted, unplanned travel, the same form shall be prepared at the time travel is requested. B. All requests for travel advances shall include the original Travel Authorization Form signed by the Department Head. C. The Travel Expense Claim Form shall be used to file the final travel claim with the Administrative Services Director. A copy of the Travel Authorization Form must be attached. D. The Administrative Services Department shall make a record of all travel payments on the original Travel Authorization form, which will be returned to the traveler, with a copy retained by the City. (Refer to Travel Authorization/ Travel Expense Claim Forms) 3 3q go CONTINUITY OF CITY GOVERNMENT POLICY With the advent of different modes of rapid transportation, there is the possibility of accidents injuring or killing several people simultaneously. Since Council Members are required to attend conferences, conventions and meetings outside City Hall, it is desirous to require that whenever possible, no more than three members of the City Council use the same transportation at the same time. When it comes to the Council's attention that a conference, convention, or meeting in which transportation is required, Council Members shall make an effort to arrange their itinerary so that no more than three members of the City Council use the same transportation. The City Clerk shall be utilized to provide alternate travel arrangements where necessary in order to comply with this policy. This policy will help insure that there will be a continuity of City government and that there is always a majority of Council members capable of fulfilling the responsibilities placed upon them by the City. In addition, the City Manager, Department Heads and other key personnel should use the same guidelines in traveling separately on official business whenever practicable. Adopted - June 8,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - ApriI 23, 2002 Amended - Formerly F -25 4 35 I -2 USE OF THE NEWPORT BEACH PUBLIC LIBRARY The Newport Beach Public Library is open to all members of the general public without restriction. Customers may remain in the library as long as neGess° y material or facilities for reading, studying or obtaining information. However, customers may be directed to leave the library with or without advance warning, when their behavior disrupts other customers or staff, or is inconsistent with library purposes. A. The following behavior will invite a reminder from staff that such conduct is prohibited in the library. Customers who continue to engage in these activities will be asked to leave the facility: 1. Eating, drinking Smoking or sleeping; 2. Eating or drinking food or beverages in such a manner that customers or staff are made uncomfortable. 3. Not wearing shoes; -3 4. Wearing cleats, skates, rollerblades or other items that could damage the facility; 4. 5. Creating an unreasonably loud noise such as loud talking or ^Fats ^^ of Fadjes Gel pheRes Felated equipmeR banging on furniture; 6. Using audible devices without headphones or with headphones set at a volume that disturbs others. Using cell phones, pagers, and other communication devices in a manner that disturbs others. Audible cell phone and pager ringers must be turned off. -5- 7. Interfering with other customers' use of library facilities or staffs ability to perform their duties; 6-8. Soliciting or collecting funds (except for staff's collection of overdue fines, fees, proceeds of book sales, rentals, and library donations); 7 9. Bringing animals into the facility except service animals such as guide dogs; E -1 1(i I -2 8 10. Failure to use library computers or other information resources in the manner directed, e.g., use of computers over the time limit when others are waiting; refusal to provide access to limited reference materials when others are waiting. 11. Bringing any containers, packages, briefcases, parcels, or bundles into the library which singly or collectively exceed 24 "x18 "x6 ". All items are subject to inspection. carts or wheeled used for the actual transport of a person or child or wheeled backpacks and book carriers not exceeding 24 "x15 "x12" excluding handles). 13. Bringing sleeping bags, bed - rolls, or blankets into the building (blankets for small children are acceptable). B. The following behavior is illustrative of conduct which will warrant an immediate order to leave the facility: Any physical interference with customers or staff; 2. Any illegal activity; 3. Any threatening or abusive language or gesture directed towards customers or staff; 4. The lack of personal hygiene or use of perfume or fragrance which produces odors that interfere with other customers' use of library facilities or materials or interfere with staff's ability to perform their duties; 5. The failure to comply with any warning or request to change or stop conduct. Amendment approved by the Board of Library Trustees - jaRwaFy 21, 1997 June 20, 2006. Adopted - January 24, 1994 Amended - February 24, 1997 Reassigned - April 8, 2003 Amended - August 17, 2004 Amended - May 17, 2005 Amended - August 16, 2005 Amended - October 18, 2005 Formerly 1- 15 E -2 J9 I -3 NEWPORT BEACH PUBLIC LIBRARY COLLECTION DEVELOPMENT POLICY It is the intent of the Board of Library Trustees that the Newport Beach Public Library provide a variety of print and nonprint materials to meet the informational, educational and recreational needs of the entire community. The Library seeks to provide breadth and depth within the collection, various points of view, and differing formats. The Library endeavors to balance materials of permanent value with those of current interest. Materials are selected based on their content as a whole, not on selected excerpts. Race, nationality, or political, social, moral, or religious views of an author will not affect the selection of materials. Selection is based on merit of the work; value of the work within the collection; and the needs and interests of the community. Consideration is given to specific types of material; to materials for specific age groups; to materials for special interests of clientele; and to differing formats of materials. These selection criteria will apply equally to materials purchased and to those accepted as gifts. The selection of materials is made by Library staff. Patrons making requests that items be added to the permanent collection will be referred to the "Request for Book Purchase Form." Suggestions from Library patrons are encouraged and receive serious consideration. Many items which are not in the collection are available to library patrons, through established interlibrary loan practices. Concurrently, the Library's participation in universal borrowing, established by the California Library Services Act, Article 4, Section 18731, provides Newport Beach Public Library patrons direct access to materials housed in other participating public libraries in Orange County and throughout the State of California. The Library believes that the use of Library materials is an individual and private matter. All patrons are free to select or reject materials for themselves; they may not restrict the freedom of others to read or inquire. Parents have the primary responsibility to guide and direct the use of Library materials by their own minor children. In support of the above principles, the Library incorporates the Library Bill of Rights as adopted by the American Library Association Council on January 23, 1980, as Attachment I to the Collection Development Policy. E3 J� I -3 Library patrons with concerns about a specific title in the collection shall be provided with a copy of the Librarys "Collection Development Policy" and asked to complete the "Patron's Request for Evaluation" form. Library staff shall evaluate the material, based on the "Collection Development Policy" established by the Board of Library Trustees. A recommendation shall be forwarded to the City Librarian who shall respond in writing to the patron. Any unresolved concerns shall be referred to the Board of Library Trustees for final decision. Library patrons requesting specific titles be added to the collection will be provided with a "Request for Book Purchase" form. Library staff shall evaluate the request based on the "Collection Development Policy' established by the Board of Library Trustees. Patron's "Request for Evaluation of Library Resources" form is attached as Attachment II. [Attachment I - Library Bill of Rights] [Attachment II - Collection Development Policy] Adopted - October 22, 1990 Amended - October 28, 1991 Amended - January 24, 1994 Reassigned - April 8, 2003 Formerly 1 -16 E4 3� I -3 ATTACHMENTI LIBRARY BILL OF RIGHTS The American Library Association affirms that all libraries are forums for information and ideas, and that the following basic policies should guide their services. A. Books and other library resources should be provided for the interest, information, and enlightenment of all people of the community the library serves. Materials should not be excluded because of the origin, background, or views of those contributing to their creation. Libraries should provide materials and information presenting all points of view on current and historical issues. Materials should not be proscribed or removed because of partisan or doctrinal disapproval. C. Libraries should challenge censorship in the fulfillment of their responsibility to provide information and enlightenment. D. Libraries should cooperate with all persons and groups concerned with resisting abridgement of free expression and free access to ideas. A person's right to use a library should not be denied or abridged because of origin, age, background, or views. F. Libraries which make exhibit spaces and meeting rooms available to the public they serve should make such facilities available on an equitable basis, regardless of the beliefs or affiliations of individuals or groups requesting their use. Adopted - June 18, 1948 Amended - February 2, 1961, June 27, 1967, and January 23, 1980 by the ALA Council E5 40 I -3 ATTACHMENT II NEWPORT BEACH PUBLIC LIBRARY - COLLECTION DEVELOPMENT POLICY PATRON'S REQUEST FOR EVALUATION OF LIBRARY RESOURCES We appreciate your interest in the materials which have been selected for inclusion in the collection of the Newport Beach Public Library. If you have a concern about a specific item, we would appreciate your assistance in addressing the matter. Please fill out this form and return it to the Site Manager. The staff will evaluate the material and forward a recommendation to the City Librarian. Name Date Address City State Zip Phone Resources on which you were commenting: 0 Book 0 Audiovisual Resource 0 Magazine 0 Content of Library Program 0 Newspaper 0 Other 1 2 3 Title Author /Producer What brought this title to your attention? 4. Have you seen or heard reviews of this material? 5. Please comment on the resource as a whole. 6. Please note your specific objections. E6 4 I -3 7. What resource(s) would you suggest to provide additional information on this topic? Please use the back of this form if additional space is needed. Thank you for taking the additional time to complete this form. Your Request for Evaluation will be given careful consideration and a response provided. Newport Beach Public Library Newport Beach, California E7 M LIBRARY GIFT AND DONOR POLICY The Newport Beach Public Library Board encourages and welcomes gifts and bequests to the Library. Gifts may be Riven to the Newport Beach Public Library, to the Newport Beach Public Library Foundation and to the Friends of the Newport Beach Public Library. It is the position of the Board of Library Trustees that gifts and bequests given to the Library through the "'ewpeFt Beach WbFaFy FOURdatieR shall be used to supplement those funds appropriated for use by the Library, and shall not in any way supplant such funds appropriated for Library salaries and maintenance and operations of the Library. FOUNDATION GIFTS A. The NBPL Foundation is a 501 (63 organization. All recognition system as follows: Donor Levels 1,000 to $ 2,499 2 $ 2,500 to $ 4,999 3 $ 5,000 to $ 9,999 4 $ 10,000 to $24,999 $ 25,000 to $49,999 $ 50,000 to $99,999 7 $100,000 and above B. A special section of the donor recognition system shall be titled "Memorials" recognizing gifts of $1,000 or more made in memory of an individual. C. All service clubs, PTA'S, schools or other organizations who collectively donate $1,000 or more shall be recognized by the organizational name. q,5 I -4 D. Dedication opportunities exist for those donors who make gifts to specific areas of the Library. in iate approved leeat:e-.s m set Forth in the der„ment esued "Ded:r-at:en n.,pertunit Gifts to fund specific collections or areas of the Library must be reviewed and anoroved by the Board of Library Trustees and be compatible with the Collection Development Policy of the Library. Items purchased for a specific subject will not be kept separately, but will be integrated into the collection. E. Recognition of pledges shall be based upon the total amount pledged. Gifts of $5,000 or greater shall have five (5) years to complete the pledge -, and recognition shall be implemented after the pledge has been fulfilled. F. Appropriate recognition items eeutd will be given to donors (at the 7- levels listed above) at the discretion of the Newport Beach Public Library Foundation Board. The cost of such items sheE+ld may not exceed one to two percent (1 - 2 %) of the total amount of the gift. G. Any exception to this policy will require the express approval of the Newport Beach Library Board of Trustees. FRIENDS GIFTS The Friends of the Newport Beach Public Library is a 501(c) 3 organization. A. The Friends accept donations of used books to be sold in the Friends Book Store. The disposition of donated books is determined by the Bookstore Manager. B. Other gifts offered to the Friends will be reviewed and considered for acceptance by the Friends Board. C. Recognition of donations shall be recommended by the Friends Board and considered for approval by the Board of Library Trustees. LIBRARY GIFTS Gifts offered directly to the Library will be reviewed and considered for acceptance by the Board of Library Trustees. Gifts to the Library are also tax deductible. A. Recognition of donations by beck ^''ages- plaques, signage or other permanent display shall be approved by the Board of Library Trustees. LTT must be reviewed and approved by the Board of Library Trustees and be compatible collection. qq I -4 Adopted -March 11, 1991 Amended - October 28, 1991 Amended - February 10, 1992 Formerly 0 -8 Amended - January 24, 1994 Formerly 1 -17 Amended - March 9, 1998 Reassigned - April 8, 2003 Amended - October 18, 2005 q5 I -7 C�"'�L-LIBRARY ENDS MEETING ROOMS BACKGROUND 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. the FFien h R These rooms are Friends RGom is 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 €Fiends Reem for City business on very short notice. Moreover, public use of the Library meeting rooms €rier;ds Reern takes leafy 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 FFripnds Reom 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 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 Library meeting rooms FFiends Reem 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 Friends Reem; B. Priorities for the use of the Library meeting rooms €Fiends Reem 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 Library meeting rooms €4ieadsR9eaA to ensure there is no conflict with the public's use of the City Libraries C-entfal WbFaFy and no significant impact on the workload of DepaFtme4 staff. y6 I -7 PROCEDURE Any person, group or entity seeking permission to use the Library meeting, rooms Friends rn (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 Friends 1449em 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 €fiends -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 Library meeting rooms Friends nom., 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 Friends Room, and the entire Library facility, including restrooms C. At least one (1) adult shall be present in the Library meeting, rooms €fiends Room for every twenty (20) minors in attendance. Each adult necessary to maintain the required adult /minor ratio shall remain in the Library meeting, rooms Friends Room 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. 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 €fiends 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 at the in a Library meeting room €Fiends Room shall be submitted to L17 I -7 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 4--59 200 persons. H. The Library meeting rooms 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 Library meeting rooms Ffiends Room. 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 €fiends Room by the permittee authorized to use the Library meeting rooms rmd Ream 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 Friend; Rnom. 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 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. V I -7 B. SECOND PRIORITY Use of the Library meeting rooms €Pius Rees may be granted by the Library Services Director to those persons, organizations or entities listed below on a first come first serve basis: Sponsored educational or informational programs and activities of other state or local public agencies such as local public schools or special districts. 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 501 C3 and has a state of California Tax Identification Number FEES, DEPOSITS AND CANCELLATION PROCEDURES Fees may be charged for the use of the Library meeting rooms FFiends 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 Library meeting rooms €Fiends Room. Adopted - July 14, 1980 Amended - November 28, 1988 Amended - October 28, 1988 Amended Et Reassigned - April 8, 2003 Formerly 0 -1 Formerly 1 -21 Amended - February 27, 1995 Amended - February 24, 1997 Amended - May 8, 2001 ya IS-1 NEWPORT BEACH PUBLIC LIBRARY INTERNET USE POLICY The Internet and its available resources contain a wide variety of material and opinions from varied points of view. It is a global electronic network which enables the library to provide information to customers beyond the library's collection. The library does not monitor and has no control over the information on the Internet. Not all sources on the Internet provide accurate, complete, or current information. You may need to question the validity of the information you find. Materials obtained or copied on this computer network may be subject to copyright laws. Illegal activities or any other activities that are intended to interfere with or disrupt network users, services, or equipment are prohibited. In offering Internet access, the library cannot control access points which often change rapidly and unpredictably. Library users access the Internet at their own discretion and the library is not responsible for any access points they reach. As with other library materials, parents and guardians of children, not the library, are responsible for their children's use of the Internet. While it is the responsibility of parents to establish rules for their children's use of the known violent or sexually explicit material from being accessed. This service has proven to be reliable in blocking inappropriate children's material from to overcome such blocking, the NBPL does not guarantee that inappropriate material will not be accessed by children; appropriate use of the Internet must be the responsibility of parents. Parents are encouraged to read Child Safety on the Information Highway. Approved by the Board of Library Trustees - November 11, 1996 Adopted - February 24, 1997 Amended & Reassigned - April 8, 2003 Amended - August 17, 2004 Formerly 1 -22 E10 j0 CODEENFORCEMENT PURPOSE ice] The City of Newport Beach devotes substantial resources to the enforcement of Building Municipal and Zoning Ordinances. Building and Zoning Ordinances are intended to protect and preserve public health and safety, the charm of our residential neighborhoods, and the overall quality of life enjoyed by Newport Beach residents. The City Council understands the importance of enforcing Building and Zoning Ordinances and is committed to do so. However, enforcement of these Ordinances affects the rights of those citizens who are the subject of complaints or enforcement action. Accordingly, the City Council directs that all code enforcement activity shall be conducted in accordance with the following: A. The City shall not initiate any formal code enforcement action based solely on an anonymous complaint; B. Requests for inspections of private property not open to the general public or not visible from adjoining public or private property shall not be made unless there is sufficient evidence to support the issuance of an inspection warrant for the property that is the subject of the request; C. Code enforcement complaints shall be made in writing and on forms supplied-by the City -^hi identify the complainant, specify the facts, acts, events and occurrences which establish the violation and describe any documentation which would establish a violation; or is otherwise required by law: D. The City considers written code enforcement complaints to be confidential. The City will use its best efforts to preserve the confidentiality of any complaint with the understanding that the City will be required to disclose the identity of the complainant to the extent necessary to obtain an inspection warrant; E. All code enforcement activities, including investigative property inspections, requests for consent to inspect, and related activities shall be conducted such that the civil rights of the individual or individuals who are the subject of the investigation are fully protected; and 1 50A K -9 F. The provisions of this Policy do not apply to inspections of property requested by the owner or to inspections conducted by Building Department personnel pursuant to construction being conducted, which is authorized, pursuant to an active permit issued by the Building Department. Adopted - June 26,1995 2 508 L -1 SIDEWALKS, CURBS, GUTTERS AND CITY OWNED UTILITIES � T"TI ail A. Nothing herein shall relieve the property owner from the burden of initially installing concrete sidewalks, curbs, and gutters. B. Nothing herein shall relieve the property owner of his obligation under Section 13.01.100 of the Newport Beach Municipal Code. C. Nothing herein shall prevent the City from perfornung any repair work within the public right -of -way when it is in the best interest of the City to do so. COST SHARING OF REPAIRING SIDEWALKS, CURBS, AND GUTTERS AND OTHER CITY OWNED UTILITIES A. The City will pay 100% of the cost of repairing concrete curbs and gutters. B. The City will pay 100% for approaches at alley intersections. C. The City will pay 100% of the cost of repairing standard concrete sidewalk adjoining private property where damage is caused by other than the adjacent property owner, including damage caused by City parkway trees. D. Property owner shall pay 100% of the cost of repairs to sidewalks, water services, water mains, sewer mains and laterals where the damage was caused by trees on private property, and /or where the damage was caused by acts of omissions of the property owner. E. Property owner shall pay 100% the cost of repairs to non - standard improvements installed in the public right -of -way by the property owner or his predecessors in accordance with the terms of the non - standard improvement agreement, regardless of cause of damage. F. Property owner shall pay 100% of the cost of repairs to non - standard improvements installed without a permit in the public right -of -way by the property owner or his predecessors, regardless of cause of damage. G. Where ground cover and sprinkler systems, or standard flatwork installed in accordance with City policy and pursuant to an approved encroachment permit, 1 SI L-1 are damaged as a result of City construction work the repairs will be performed by the Contractor and /or by City forces, as provided for in the contract. H. The City will not pay for the cost of repairing private concrete driveway approaches, including the sidewalk areas; except that the City will pay such costs if the damage was caused by City parkway trees (for standard approaches, only). I. A list to prioritize the locations where work will be done with annual appropriations based on need, benefit to the public, and date of application shall be established by the General Services Department. J. Property owners requesting their projects to be advanced to the top of the priority list shall be requested to contribute 50% of the cost. K A stun of money shall be appropriated every year to be applied to the City's share of repair work. L. City participation under this policy shall be subject to the availability of funds. LIDO ISLE The City will cooperate with the Lido Isle Community Association to replace specially colored and scored sidewalk in kind, provided that City cost will not exceed that of plain concrete with standard scoring. LICA color is "Chromix Adobe Tan No. C -21" by the L.M. Scofield Company. Adopted - March 22,1965 Amended - August 30,1966 Amended - September 25,1967 Amended - October 12,1982 Amended - October 27,1986 Amended - November 28,1988 Amended - December 14,1992 Amended - January 24,1994 Amended - February 26,1996 Amended - February 24,1997 Corrected - June 9, 1997 2 .sa DRIVEWAY APPROACHES GENERAL L -2 A. A permit will be required prior to any driveway construction within the street right -of -way. All construction shall conform with the Standard Plans and Specifications of the City of Newport Beach. Brick, textured concrete or flat stone surfacing may be used subject to Public Works Department approval. Such brick, textured concrete or flat stone surfacing may not be used on Bayside Drive. B. The number of driveway openings shall be kept to a minimum so as to preserve on- street parking and to reduce the points of traffic conflict. C. The term "Curb Opening" shall mean the total width of the approach including the slope distances on the curb. The term "Approach Bottom" shall mean the total width of the approach less the slope distances on the curbs. D. Curb openings shall not be constructed closer than 5 feet to the beginning of the curvature of a curb return, fire hydrant, traffic signal/ pedestrian street light, utility pole /anchor /pedestal, trees or vent pipe, unless approved by the Public Works Department. E. The entire curb opening shall be within the prolongation of the property lines except when cross easements provide for a common driveway along the mutual property line. F. No permit shall be issued for driveways on Clubhouse Drive, Glen Drive, Balboa Island or on the ocean side of Ocean Boulevard without City Council approval. No curb openings will be permitted on Ocean Boulevard when access is available from an existing alley, street or improved private roadway. G. No permit shall be issued if the driveway construction requires the removal of a street tree until such removal has been approved by the General Services Director. H. No permit shall be issued if the driveway encroaches on a crosswalk area. I. No permit shall be issued if the driveway construction requires the relocation of any public facility such as fire hydrants utility pole /anchor /pedestal, tree, vault,, vent pipes, or street lights until approved by the Public Works Department and a 1 53 L -2 deposit has been made to cover the cost of relocation. Property owner shall pay all costs for the relocation of any public facilities. J. No permit shall be issued unless the applicant agrees that at no cost to the City he will remove any driveway opening that is or will be abandoned, and reconstruct curb, gutter and sidewalk (if applicable) to City Standards. K. Where practical, difficulties or hardships may result from the strict application of this policy, minor dimensional variances may be granted with written approval of the Public Works Director. L. Nothing herein shall be construed as preventing any person from appealing to the City Council for relief from the applications of this policy. M. No building permit shall be issued on a parcel whose access requires City Council review for an encroachment permit on public property, until said encroachment permit has been issued. RESIDENTIAL ZONES AND RESIDENTIAL USES - SPECIAL REQUIREMENTS A. The width of the driveway approach bottom shall not exceed 20 feet except when the driveway is to serve an enclosed three or four car garage, in which case the driveway approach bottom may be increased to 25 feet or 32 feet, respectively. B. One additional curb opening will be permitted to a single parcel subject to the following conditions: 1. The total width for all openings shall not exceed 50% of the total frontage of the parcel. 2. The openings shall be separated by at least 20 feet to retain maximum street parking. C. Street curb openings shall not be permitted to residential property which abuts an alley. An exception may be made in the case of corner lots where the street on which the curb cut is proposed is not an arterial street and street frontage is available for the full depth of the lot, subject to the following conditions: b: 54 L -2 1. Access from the street will be permitted where existing structures prevent full alley access, or additional covered off - street parking is being provided. 2. The width of the curb opening shall be limited to one -half of the lot depth. 3. In the case of duplexes, condominiums and condominium conversions, an additional driveway curb cut shall be permitted if the units are separated by a continuous vertical plane, from the ground to the rooftop, with one common wall and /or physically separated by oven space. The resultant building product shall have the appearance of two distinct and separate units with a rear unit that has vehicle access from the alley and the front unit with vehicle access from the side street. No overlapping of between the front unit and rear unit floorplans shall be permitted. D. Driveway grades must not exceed the listed applicable maximum slope depending on application. Driveways to lowered or subterranean parking must rise above the flood level or a minimum of six inches above the flow line of the street or alley, whichever is greater, before transitioning to a downward slope. Slope transitions shall be a minimum of five feet in length and the change of slope cannot exceed eleven percent. Driveways providing only parking access - Fifteen- percent maximum slope. Must have access directly from garage into residence. Driveways Providing vehicle and pedestrian access - Eight- percent maximum slope. Driveways providing required parking; spaces on the driveway itself - Five - percent maximum slope. Minor variations from the listed maximum slopes. and slope changes may be granted by the Traffic Engineer when unusual site conditions are encountered. PRIVATE STREETS - SPECIAL REQUIREMENTS A. A grading permit will be required prior to the construction of any.driveway apron, sidewalk, curb, gutter or wall within the private street rights -of -way. The S5 L-2 design parameters shall be in accordance with the City of Newport Beach Design Criteria and Standards for Public Works Construction. Also, the Public Works Department shall perform a brief review of plans prior to permit issuance. B. A Public Works encroachment permit will be required if improvements are to be constructed within 5 feet of a fire hydrant, street light or other public utility system appurtenance (i.e., valve boxes or manholes). C. A Public Works encroachment permit will be required when connecting to or relocating public utilities. COMMERCIAL USES A. The width of the driveway approach bottom shall not exceed 35 feet. B. The total width of all driveways shall not exceed 50% of the frontage of the parcel. C. Commercial driveway approaches may use a curb return design with a maximum curb radius of 25 feet and a driveway approach bottom of greater than 35 feet if the following conditions are satisfied: 1. The driveway serves as an entrance to a parking area or structure for 200 or more vehicles. 2. The number of driveways serving the parcel are at a minimum. D. The curb return commercial driveway approach may incorporate a divided exit and entrance if the separation structure (median island) is continued on -site in such a manner as to provide proper traffic design. CLOSURE OF ABANDONED DRIVEWAY APPROACHES BY CITY The City may close abandoned driveway approaches at high priority locations where two or more of the following criteria may exist: V 56 L-2 A. The abandoned driveway approach is adjacent to a parcel of property where redevelopment and possible subsequent closure of the approach is not believed imminent; B. The driveway approach is at a location where there is a shortage of available on- street parking; C. The removal of the driveway approach is needed for safe pedestrian and /or bicycle passage; D. The closure of the abandoned driveway approach benefits not so much to the property owner as pedestrian and vehicular traffic in the area. When in the opinion of the General Services Department and /or the Public Works Department, a curb cut or abandoned driveway approach should be closed, and the adjoining property owner protests the closing, the protester shall be notified that he will have two weeks to appeal the staff decision to the City Council. That appeal must be in writing and may be filed through the mail. If an appeal is not made, the City shall proceed with the closure. If an appeal is made, a hearing shall be held by the City Council, and the decision of the Council shall be final. Nothing in this section shall be construed as relieving adjoining property owners from the responsibility for closure of abandoned curb cuts as a condition of permit approval for new construction or for obtaining a curb cut permit for an alternative driveway location on the same parcel. Adopted - January 24,1966 Amended - February 26,1968 Amended - July 24,1972 Amended - November 14,1977 Amended - October 25,1982 Amended - July 13,1987 Amended - November 27,1989 Amended - December 14,1992 Reaffirmed - January 24,1994 Amended - February 26,1996 Amended - May 8, 2001 5 L-12 OCEANFRONT ENCROACHMENT POLICY The City Council has approved Amendment No. 23 to the Land Use Plan of the Local Coastal Program, which established specific restrictions and conditions on the installation of private improvements in the public right of way along the oceanfront from the Santa Ana River Channel to Channel Road. Existing encroachments are located on a very small portion of the sandy beach and do not impact any of the 89 street ends and other public facilities which provide beach access through oceanfront residential communities. However, encroachments could impact access to, and public use of, the beach in the absence of an equitable and enforceable City policy limiting the extent, size and nature of the encroachments. This policy is intended to implement Amendment No. 23 by establishing a procedure for approval of permitted encroachments, removal of prohibited encroachments, limiting the extent of encroachments, and clarification of improvements permitted within each encroachment zone. A. Definitions. 1. For the purpose of this Section, the following words and phrases shall be defined as specified below: a. Existing encroachment shall mean any encroachment or improvement installed or constructed before May 31, 1992. b. New encroachment shall mean any encroachment or improvement installed or constructed after May 31, 1992. C. Improvements or Encroachments shall mean any object or thing: i. within or oceanward of any encroachment zone described in this policy; ii. within or oceanward of the north edge of the Oceanfront Boardwalk, between 36th Street and A Street; or iii. oceanward of any residential parcel from a point 250 feet southeast of E Street to Channel Road. 1 Eli L -12 d. Encroachment permit shall mean the permit issued by the Public Works Director authorizing the maintenance or installation of encroachments or improvements within the encroachment zones described in this policy. e. Application shall mean any application for an encroachment permit pursuant to the provisions of this policy and the land use plan of the local coastal program. f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean the concrete walkway along the Oceanside of ocean front residential properties between 36th Street and a point approximately 250 feet southeast of E Street. B. Encroachment Zones. Subject to compliance with the provisions of this policy: 1. The owner of any ocean front residential parcel between the Santa Ana River and 52nd Street may install improvements on the oceanside of the parcel up to a maximum of 15 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 2. The owner of any oceanfront residential parcel between 52nd Street and 36th Street may install improvements on the ocean side of the parcel up to a maximum of 10 feet oceanward of the private property line and within an oceanward prolongation of the property lines on the side of the parcel. 3. The owner of any oceanfront residential parcel between A Street and a point 250 feet southeast of E Street install . improvements up to the sidewalk and within an oceanward prolongation of the property lines on the side of the parcel. C. Prohibited Encroachments. 1. Encroachments and improvements are prohibited oceanward of private property between 36th Street and A Street provided, however, the northerly edge of Oceanfront Boardwalk in this area is not always coincident with the oceanward private property line and improvements northerly of the north edge of the sidewalk are not considered encroachments or prohibited by this policy. 2 5q L -12 2. Encroachments, including irrigation systems, and improvements are prohibited oceanward of any ocean front parcel from a point 250 feet southeast of E Street to Channel Road, provided existing trees which have been planted and maintained in conformance with City Council policy, and ground cover such as ice plant or indigenous plants are not considered to be an encroachment, and will not require a permit pursuant to this policy, but the City reserves the right to remove, trim or otherwise, control the type and extent of any such landscaping. 3. Any existing encroachment or improvement for which no application has been filed on or before May 31, 1992, and any new encroachment or improvement for which no application is filed prior to installation is prohibited. 4. Any new or existing encroachment or improvement which, on or after July 1, 1992, is not in conformance with this policy is prohibited. 5. Any new or existing encroachment or improvement for which there is no valid permit. D. Permitted Encroachment/ Improvements. Subject to compliance with the provisions of this policy, the following improvements are permitted within the encroachment zones described in Section B: 1. Patio slabs or decks no higher than six inches above grade or the finished floor grade of the adjacent residence. The Public Works Director may approve minor dimensional tolerances for patio slabs and decks only upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section J. 2. Walls and /or fences less than 36 inches in height above grade or the finished floor grade of the existing residence. The Public Works Director may approve minor dimensional tolerances for walls and /or fences upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. Determination of grade will be made as provided in Section J. 3 I Q Lr12 3. Existing improvements which were constructed in conjunction with development for which a building permit was issued may be approved by the Public Works Director upon a finding that the improvement is consistent with the spirit and intent of this policy and the cost of strict compliance is disproportionate to the extent of the nonconformity. 4. In no event shall the Public Works Director approve a permit for an encroachment or improvement that varies more than 12 inches from the horizontal dimensional standards of this policy. Prohibited Improvements. 1. 01 3. Except for perimeter walls and /or fences less than 36" in heLght Any -any structural, electrical, plumbing or other improvements which require issuance of a building permit. Pressurized irrigation lines and valves. Any object which exceeds 36 inches in height, exclusive of the following: a. trees planted by the City of Newport Beach or private parties pursuant to written policy of the City Council of the City of Newport Beach; or b. any landscaping or vegetation within the encroachment zone subject to the following: i. The vegetation or landscaping was installed prior to the first effective date of this policy; ii. The vegetation or landscaping does not block views from adjoining property; iii. The vegetation or landscaping does not function as screen planting as defined in Title 20 of the Newport Beach Municipal Code; and 11 L -12 iv. The vegetation or landscaping does not impair or affect the health, safety or welfare of persons using the oceanfront Walk, nearby property owners, or residents of the area. V. Anny plant materials that have not been approved by the California Coastal Commission. Notwithstanding the provisions of this Subparagraph, the City reserves the right to reduce the height of any existing landscaping at any time, upon a determination by the Public Works Director, and after notice to the owner of property on which the vegetation or landscaping exists, that a reduction in height is necessary or appropriate given the purposes of this policy. F. Permit Process. 1. An encroachment permit shall be required for all permitted improvements. The application shall be filed with the Public Works Department on a form provided by the City. The application shall be signed by the owner of the property, or an agent of the owner if the application is accompanied by a document, signed by the owner, granting the agent the power to act for the owner with respect to the property. The application shall be accompanied by a site plan, drawn to scale and fully dimensioned, which accurately depicts the location, height, nature and extent of all proposed improvements and objects within the encroachment zone. Applications with incomplete information and /or inadequate drawings will not be accepted. 2. Applications for existing encroachments must be filed on or before May 31, 1992. Applications for new encroachments shall be filed before any encroachment or improvement is installed. No new encroachments or improvements shall be installed without an encroachment permit. 3. Upon receipt of the application, the Public Works Director shall, within fifteen (15) days after the date of filing, determine if the application is complete or if additional information is necessary or appropriate to an evaluation of the application. In the event the application is incomplete or additional information is necessary, written notice to that effect shall be sent to the property owner within twenty (20) days after the application is filed. 5 L -12 4. With respect to applications for existing encroachments, an inspection shall be conducted of all improvements within the encroachment zone before a permit is issued by the Public Works Director. With respect to applications for new encroachments, an on site inspection will be conducted after installation of the improvements to insure conformity with provisions of the permit and this policy. 5. The Public Works Director shall approve the permit upon a determination that the encroachments proposed to be constructed, or to remain, are permitted by this policy, the applicant has agreed to abide by all of the terms and conditions imposed on the permit, and the applicant has paid all fees required by this policy. 6. The Public Works Director shall have the authority to condition his /her approval of the encroachment permit as necessary or appropriate to insure compliance with the provisions of this policy. The Public Works Director shall have the specific authority to condition approval of an encroachment permit on the removal of nonconforming improvements within a specified period of time. 7. The Public Works Director shall notify the applicant of his /her decision within sixty (60) days after the application is filed and the decision of the Public Works Director shall be final. G. Term. 1. Except as provided in this Section, annual encroachment permits shall expire on June 30 of each calendar year. 2. Encroachment permits issued prior to June 30, 1992 shall expire June 30, 1993. H. Renewal. 1. Annual renewal fees shall be due and payable on or before May 31 preceding the annual term of the permit. For example: Annual renewal fees due on May 31, 2001, are for the period July 1, 2001 through June 30, 2002. 2. The Public Works Director shall approve annual renewal if: 2 63 Lr12 a. The applicant has complied with all standard and special conditions of approval; b. The applicant has constructed only those improvements and encroachments authorized by the permit; C. The applicant is in compliance with all of the provisions of this policy. I. Standard Conditions. 1. The Public Works Director shall impose standard conditions of approval on all encroachment permits. These standard conditions shall include, without limitation, the following: a. The obligation of permittee to comply with all of the provisions of this policy and all conditions imposed upon the permit. b. The right of the Public Works Director to revoke any permit after notice and hearing if the permittee is in violation of this policy or conditions to the permit. C. The right of the City to summarily abate encroachments or improvements which are prohibited by this policy or conditions on the permit upon ten (10) day's written notice. d. The obligation of permittee to pay all costs incurred by the City in summarily abating any prohibited improvement. e. The obligation of permittee to defend, indemnify and hold the City and its employees harmless from and against any loss or damage arising from the use or existence of the improvements or encroachment. f. Permittee's waiver of any right to contest the City's street and public access easement over property within or oceanward of the encroachment zones. 7 L-12 g. The right of the Public Works Director or his designee to inspect improvements within the encroachment zone without notice to the permittee. h. The right of the City to cancel or modify any, or all, encroachment permit(s) upon a determination by the City Council to construct a public facility or improvement within or adjacent to the encroachment zone. 2. The construction of any seawall, revetment or other device necessary to control erosion, shall occur as close to private property as feasible. Erosion control devices shall not be placed or installed closer to the ocean to protect improvements or encroachments. 3. The Public Works Director may impose additional standard conditions necessary or appropriate to insure compliance with, or facilitate City administration of this policy. J. Determination of Grade. 1. The nature of the beach makes a precise determination of grade difficult. The level of the sand changes with wind, storm, and tidal conditions. The Public Works Director shall determine the level from which the height of encroachments and improvements is to be measured. In making this determination, the Public Works Director shall consider the following criteria: a. The existing grade in the area; b. Finished floor elevation or grade of the adjacent residence; C. The elevation of existing encroachments on site and on adjacent properties; d. Any data on the historic elevation of the beach in that area. K. Annual Fee. U L -12 1. The fees based on the depths of encroachment shown below shall be established by resolution of the City Council and paid annually as a condition of the issuance of encroachment permits: Depth of Encroachment 0 2 ' -z 2 1/2 5 feet 5 - 7 -1/2 feet 7 -1/2 -10 feet 10 -15 feet 2. For purposes of determining fees, the average depth of the encroachment shall be used. However, the maximum depth shall not exceed the limitations specified in Section B. A dimensional tolerance not to exceed 12 inches may be allowed in determining the appropriate fee to be paid by persons with existing encroachments. 3. The annual fee shall be due and payable upon submittal of the application for the initial encroachment permit. Renewal fees shall be due May 31 of each year. The fee shall be considered delinquent thirty (30) days thereafter. Delinquent fees shall be established by resolution of the City Council. 4. The annual fee shall be used to defray City costs of administration, incidental costs of improvements on street ends along the oceanfront, and incidental costs to enhance public access and use of the ocean beaches. At least eighty-five (85%) percent of the fees shall be used by the City to implement the mitigation plan as required by Amendment No. 23 to the Land Use Plan of the City's Local Coastal Program. (See Section M.) L. Violations / Remedy. 1. The City shall, in addition to any right or remedy provided by law, have the right to do any or all of the following in the event a permittee is in violation of the provisions of this policy or any condition to the permit, or any encroachment or improvement violates the provisions of this policy: a. Revoke the permit after giving the permittee notice and an opportunity to be heard upon a determination that there is 9 L -12 substantial evidence to support a violation of this policy. The Public Works Director shall establish the specific procedures designed to insure that permittee receives due process of law. b. Summarily abate any encroachment or improvement violative of this policy after giving the permittee or property owner ten (10) day's written notice of its intention to do so in the event the permittee or property owner fails to remove the encroachment or improvement. The permittee or property owner shall pay all costs incurred by the City in summarily abating the encroachment or improvement. The determination of the Public Works Director with respect to abatement shall be final. M. Amendment No. 23 Land Use Plan of Local Coastal Program Mitigation Plan. To mitigate any impact on beach access resulting from the encroachments, the City shall: 1. Reconstruct thirty -three unimproved street ends between 36th Street and Summit to provide additional parking and approved access in accordance with the following: a. The reconstruction shall provide a minimum, where feasible, of two parking spaces per street end and shall proceed in substantial conformance with the standard drawing, attached as exhibit "A." b. The City shall use at least eighty-five percent (85 %) of the fees to fund reconstruction of street ends until all have been improved. The City will use its best efforts to improve three or more street ends per year (except during the year when vertical handicapped access is constructed), and anticipates that funding will be adequate to do so. C. West Newport street -end parking spaces shall be metered in the same manner as the West Newport Park in order to encourage public use of the spaces. 2. Within three years after Council approval of this Resolution, City shall construct a hard surface walkway perpendicular to Seashore Drive at Orange Avenue. The walkway shall extend oceanward a sufficient 10 67 Lr12 distance to allow a view of the surfline by an individual seated in a wheelchair. At least one handicapped parking space shall be designated at the Orange Avenue street end. City shall designate at least one other handicapped space at one of the first three street ends improved. 3. Subsequent to the reconstruction of all West Newport street ends, at least eighty-five percent (85°x) of the fees generated by encroachments will be used for the construction of improvements which directly benefit the beach going public such as parking spaces, rest rooms, vertical or lateral walkways along the beach and similar projects. [Attachment - Exhibit "A "] Adopted - November 26,1990 Amended - July 8,1991 (Resolution 91 -80) Amended - March 9,1992 Amended - September 28,1992 Amended -January 24,1994 Amended - February 27,1995 Amended - February 26,1996 Amended - February 24,1997 Amended - March 22,1999 Amended - May 8, 2001 . Formerly L -14 11 H L -16 TEMPORARY BANNERS EXTENDING OVER THE PUBLIC RIGHT -OF -WAY FINDINGS AND PURPOSE Temporary banners and signs pose risks to the public in the form of potential physical obstructions in or over the right of way and by distracting an individual who otherwise would, and should, focus on other users. The City Council also finds that, in the absence of the size and number limits specified in this policy, temporary banners or sign could reduce property values, adversely impact land uses, and interfere with the recreational objectives of visitors to the City of Newport Beach. A total prohibition on the installation of temporary banners and signs is appropriate with the exception of the provisions of this Policy and Chapter 20.67 of the Newport Beach Municipal Code because there are adequate alternative means of communication for those wishing to engage in commercial or non - commercial speech except for temporary real estate signs and non - profit groups organizations conducting community wide events co-sponsored by the City of Newport Beach and open to the general public. Finally, the City Council has determined that the restrictions contained in this policy and the provisions of Title 20 of the Newport Beach Municipal Code are the least restrictive means available to accomplish the public safety, economic and aesthetic objectives of the City Council. GENERAL PROVISIONS Temporary banners and signs shall not be permitted within or over any public street or pedestrian right of way with the exception of temporary real estate signs as specified in Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general public of a community wide event, open to the general public without charge, conducted by a non - profit corporation or organization, and co- sponsored by the City of Newport Beach. Temporary banners and signs shall be installed in strict compliance with the provisions of this Policy and any conditions imposed on the permit by the Public Works Director and, if required, by the Utilities Director. PERMIT PROCESS A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person shall install any temporary banner or sign within any public right of way without first obtaining a permit issued by the Public Works Department. 1 &q L -16 B. Applications for a temporary banner permit shall be submitted to the Public Works Department on a form supplied by the City, and prior to 30 days of planned installation date. C. The Ughties- Public Works Director shall determine if the application complies with the standards specified in this policy. D. The I34ilities— Public Works Director shall approve /deny /recommend City Council approval of the application within five (5) working days. E. The i4ies- Public Works Director shall approve the permit if the application conforms with the standards contained in this policy. F. The lies- Public Works Director shall deny the permit if the application does not conform to the standards in this policy and shall give the applicant written notice of, and the reasons for, the denial. G. The Public Works Director may gi se refundable security deposit to be applied to any damages, repairs to standards or poles not corrected by permittee within 14 days of banner removal or any special services required by City. H. The eater- Permittee shall agree to indemnify and hold harmless the City of Newport Beach. I. The ee Permittee shall maintain a minimum of $1,000,000 in liability insurance from a company with a Best's Key Rating Guide parameter of "A" or better and a financial size category of "VIII" or higher. STANDARDS A. Manner of Installation. 1. Permittee shall install no more than one hundred (100) banners; 2. Banners on streetlight poles shall be no more than 2.5 feet wide and 8.0 feet high and - approved by the Utilities Department. Wind load calculations, determined by a registered engineer, will be required for banners 2 NO, L -16 greater than 20 square feet; b) Banners other than streetlight pole banners shall be no more than 3 71 L -16 4' x 8' wide and are subject to review and approval by the Public Works Department for safety sight distance and clearance issues. 3. Banners shall not encroach on or above any portion of a right of way utilized by motor vehicles; 4. No more than one (1) banner shall be installed on any pole or standard and banners may not be installed between poles or standards; 5. The banners shall contain only the name of the permittee and the date, time and the name of the event to be conducted by the permittee; 6. All banner brackets on streetlight voles must be mounted at least fourteen (14) feet above the ground surface; 7. All banner brackets on streetlight poles must be installed using stainless steel band clamps and the brackets must be sufficiently strong to withstand wind -load generated by ninety (90) mile per hour winds; 8. Poles or standards must be wrapped with forty five (45) ml thick black rubber sheet or other pre - approved material under all steel brackets and clamps and no portion of any bracket shall be in direct contact with the surface of any street light pole or standard. In addition, all street light pole(s) being used must be inspected and approved by the Utilities Department; 9. Banners shall be installed only at locations specified on the permit; 10. Permittee shall install and remove banners in strict compliance with the traffic control, signage and warning device criteria specified in the WATCH handbook and /or the Caltrans manual of traffic control; and 11. If more than one permittee requests the use of the same street light pole(s) at the same time, the City may require removal of some of the banners to allow other organizations to install banners authorized under City policies. B. Time of Installation. 0 i�L Lr16 1. Permittee shall contact the City Electrician of the Utilities Department of the City of Newport Beach at least forty eight (48) hours prior to the installation of any banner on streetlight poles pursuant to the permit; 2. All banners and supporting material shall be removed within thirty (30) days after the date of installation; C. Place of Installation. 1. Banners shall only be installed on City owned poles and standards;, or previously approved locations in roadway medians, in Cityparks, and on other City owned facilities; 2. Banners shall not be installed on any pole or standard which could create sight distance problems for pedestrian or vehicular traffic; 3. Banners shall not be installed on poles or standards in any residential district. 4. Banners shall only be installed at the approved locations indicated on the plan submitted with the banner application. Adopted - January 24,1994 Amended - February 26,1996 Amended - February 24,1997 Amended - May 8, 2001 Amended - April 8, 2003 Formerly M-4 5 ra, L -23 THE SITING OF WIRELESS TELECOMMUNICATIONS EQUIPMENT ON CITY -OWNED LAND PURPOSE To describe the manner in which specific city-owned or city Trust properties may be used as locations for wireless telecommunications devices that transmit voice or data. POLICY It is the policy of the City to effectively balance the needs of its residents, visitors, and businesses to use and have access to state -of -the -art wireless telecommunication systems (such as wireless Internet, voice, and other data communications) with the needs of residents to safely and effectively enjoy their property. This Policy shall be used when considering applications to install wireless communications devices on City- owned or City-held property by any wireless telecommunications provider or siting company. A. PERMIT REQUIRED 1. All telecom facilities proposed to be located on City-owned or City-held trust property must first apply for and receive a permit under the provisions of Chapter 15.70. 2. All proposals affecting City-owned or City-held trust property shall be processed via this Policy through the Planning Department. Successful projects shall receive a "Telecom Permit." B. AGREEMENT REQUIRED All telecom facilities located on City-owned property or City-held Trust property must have an agreement approved as to form by the City Attorney and approved as to substance (including, but not limited to, compensation, term, insurance requirements, bonding requirements, and hold harmless provisions) by the City Manager. C. CITY SITES ELIGIBLE OR INELIGIBLE FOR FACILITY PLACEMENT 1. Sites Eligible for Use.. The City Council has determined that the following City locations are acceptable for placement of wireless devices: 1 'H L-23 a. Fire Stations b. Newport Beach City Hall C. Parks d. Police Headquarters e. Lifeguard Headquarters f. Piers g. The OASIS Senior Center h. Medians and parkways along public streets i. The Central Library and Branch Libraries j. The Utilities and General Services Corporate Yards k. 13ig Canyon Reservoir and suivetinding gre- I k. Qualifying City-held easements m-. 1. Streetlights (following certification and acceptance by the Utilities Department of an effective test of the facility's impacts to the light standard under various environmental conditions) rrm. Traffic Signal poles (following certification and acceptance by the Public Works Department of an effective test of the facility's impacts to the traffic signal pole under various environmental . conditions) 2. Sites Ineligible for Use. The City Council has determined that the following City locations are unacceptable for placement of wireless devices in accordance with the entirety of this Policy: a. Open space areas owned by the City where placement of facilities in these areas would aesthetically impair the pristine nature of the area. D. COMPENSATION AND TERM The City Manager shall follow these rules when developing any Agreement for the placement of any wireless device on City property: 1. Compensation shall be equal to fair market value, taking into account rent charged by owners of public or private properties within Newport Beach or neighboring cities for a similar type of facility and location. Such compensation shall be determined via a Rent Survey conducted by the City Manager's Office. 2 75 Lr23 2. The Agreement shall provide for a specific term to be determined by the City Manager. Where the term exceeds five (5) years, at the fifth year and every five years thereafter, rent shall be adjusted to fair market value using the Rent Survey ( "Market -Based Adjustment "). 3. The Agreement shall provide for the following rent adjustments: a. Rent shall be adjusted annually by the Consumer Price Index for All Urban Consumers, Anaheim- Riverside -Los Angeles or a similar index; and b. At the end of five (5) years of the Agreement term and every five years thereafter, the Market -Based Adjustment described above. 4. The Agreement shall require the applicant to post a bond, letter of credit, or other financial security/ securities ( "Financial Security") in an amount that equals or exceeds the anticipated cost of removing the facility or facilities and repairing any damage to City property at the completion of the Agreement term or in the event that the applicant ceases use of or abandons the facility or otherwise does not remove the facility. The Financial Security shall name the City as eligible for receipt of the Financial Security's proceeds in the event that the applicant ceases use of or abandons the facility. E. EFFECTIVE DATE AND COUNCIL NON - CONSENT 1. The City Manager shall notify (via memorandum or similar correspondence) the City Council as to a pending Agreement for telecommunications facilities on public land. The Agreement shall take effect forty-five (45) days after the City Manager's notification of the City Council unless called up by a City Council member within 30 days of the City Manager's notification of City Council of a pending Agreement per this section. 2. A City Council member reserves the right to, at any time and for any purpose, not consent to the City Manager's issuance of an Agreement under this Policy. The City Council may do so by notifying the City Manager of the Council member's intent to bring the Agreement before City Council. The Council member must express this intent in writing or at a formal Council meeting not more than 30 days after the City Manager has notified the City Council of a pending Agreement. Should the City 3 7+v L-23 Council not consent to the issuance of an Agreement, the Agreement shall not become effective. F. PROPOSALS FOR EQUIPMENT IN THE CITY RIGHT -OF -WAY This policy shall not apply to Encroachment Permits (Telecom) for the use of right -of -way. Title 13 of the Newport Beach Municipal Code shall govern consideration of Encroachment Permits (Telecom). G. CITY COMMUNICATIONS SYSTEMS EXEMPT This policy shall not apply to any communications system used by City personnel for communications deemed necessary for city operations. Adopted -- September 24, 2002 n 77