HomeMy WebLinkAbout04-05-1994 - AgendaAMENDED 4/1/94 -
• CITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION COMMISSION
REGULAR MEETING TO BE HELD TUESDAY, APRIL 5, 1994
CITY COUNCIL CHAMBERS
7:00 P.M.
I. ORDER AND ROLL CALL
H. CITY ATTORNEY - OVERVIEW OF THE BROWN ACT
(Report Attached)
III. APPROVAL OF MINUTES - Meeting of March 1, 1994
IV. TREE CITY USA AWARD
Presentation of Tree City USA Award to the Commission from Linda J.
Romero, Urban Forester of the State of California, Department of
Forestry and Fire Protection.
• V. PUBLIC COMMENTS
Members of the public are invited to comment on any matter of public
interest. Speakers are limited to three minutes.
VI. FUTURE AGENDA ITEMS
Matters which Commissioners may wish to put on a future agenda.
VII. DISCUSSION ITEMS
Review of Commission Goals (Report Attached)
Review of Annual Goals of'the Commission.
2. Communications
(1) Letter to the Commission from Shawn Thayer re. Newport
Elementary Playground Restoration.
(2) Letter to Bill Knight from General Services Director re. Newport
Elementary Playground Restoration.
VIII. PUBLIC HEARING AND STAFF REPORTS
• 3a. Park and Street Tree Division (Report Attached)
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Report of Park and Tree Divisions activities during March and
upcoming events in April.
3b. Urban Forest Assessment (Report Attached)
Report entitled "Estimated Tree Values" from General Services
Director.
4. Recreation Division (Report Attached)
Report of Recreation Divisions activities during March.
5. Recreation Program Committee - Commissioner Schonlau
Report on pool scheduling.
6. Budget Committee - Chair Grant
Discussion of budget proposals submitted for Divisions of the
Parks, Beaches and Recreation Commission for FY 1994/95.
7. Tree Committee - Commissioner Herberts
Report on tree retentions and removals.
8. Tree Appeal -1314 Balboa Blvd. (Report Attached)
• Appeal to remove tree at 1314 Balboa Blvd.
9. Bench Donations (Report Attached)
Acceptance of bench donations from Daniel Stringer and Fred
Crook, respectively.
10. Policy G -5, Park Improvement Donations (Report Attached)
Amendment to Policy G -5 concerning size and .text of
plaque dedications.
X. ADJOURNMENT
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Item II
• CITY OF NEWPORT BEACH
OFFICE OF THE CITY ATTORNEY
March 31, 1994
TO: All Department Heads & Staff
FROM: Robert H. Burnham
SUBU: Brown Act Amendments
There is still some uncertainty regarding the substance and
significance of recent amendments to the Brown Act. The most
important amendment extends the Brown Act to advisory or ad hoc
committees or commissions created by formal action of the City
Council. While some attorneys believe that advisory committees are
not covered by the Brown Act unless they have continuing subject
matter jurisdiction, the conservative approach is to assume that
• all committees must comply with the Brown Act. In any event,
virtually all ad hoc and advisory committees do have continuing
subject matter jurisdiction. Accordingly, all meetings subsequent
to April 1, 1994 must be conducted in conformity with the Brown
Act. The purpose of this memo is to provide staff with a primer on
the procedures that need to be followed, and the steps that should
be taken, to ensure that all charter, standing, ad hoc and advisory
committees conduct meetings in compliance with the Brown Act. If
you have any questions in this regard please contact our office
immediately.
1. TIME AND PLACE OF MEETINGS:
The Brown Act states that "the legislative body" shall
provide, by resolution, by -law or rule, for "the time and place for
holding regular meetings." All charter, standing, advisory and ad
hoc committees are 'legislative bodies.,' Therefore, your next
agenda should contain an action item for setting the time and place
of the regular meeting. I realize this is unusual but that is the
rule. You do have the option of canceling meetings if there is
less than a quorum and scheduling special meetings by order of the
presiding officer or a majority of the members. In the case of
special meetings you must deliver, personally or by mail, written
notice to each member and to each media giant that has requested
notice in writing. The notice must specify the time and place of
• the meeting, the business to be transacted, and must be received by
the member at least 24 hours before the time of the meeting.
However, any member may file a written waiver of notice with the
3 clerk or secretary of the committee. The notice requirements do
not apply to any members actually present
notice must be posted at least 24 hours
meeting, should be placed in the location
agendas, and the notice will satisfy
requirement.
at the meeting. The
prior to the special
for posting of regular
the agenda posting
I encourage each of you to make sure your board or committee
schedules regular meeting times. As a matter of convenience,
regular meetings may be adjourned to certain dates and times and
you have the option of calling a special meeting if business needs
to be conducted at a time other than the regular meeting date.
2. WHAT IS A MEETING?
A meeting is defined as:
(a) Any congregation of the majority of the members to hear,
discuss or deliberate on matters within their jurisdiction;
(b) Any use of direct communication, technological devices or
personal intermediaries by a majority of the members to
develop a collective concurrence as to action to be taken on
any item.
These definitions should be explained to members of your
• committee, board or commission because violating this Section is
the fastest way to get into the most trouble. Members must be told
that a majority of them cannot meet before or after the regular
meeting to discuss business. They must also be told that they
cannot use phone, fax or other means of trying to develop agreement
on some item that is or may be on their agenda. Members should be
encouraged to contact this office if they have any question whether
some practice or procedure constitutes a meeting.
The term meeting does not include the attendance of a majority of
members at a conference, seminar, public meeting or social event so
long as the members do not use that occasion to collectively
discuss the matters of public interest.
LI
3. AGENDA:
An agenda must be posted at least 72 hours before any regular
meeting. The agenda must contain a "brief general' description of
each item of business to be transacted or discussed...." A brief
description generally need not exceed 20 words. The agenda shall
also specify the time and location of the meeting and must contain
a public comment segment. The agenda must be posted in a location
freely accessible to members of the public - and space is provided
in front of City Hall for agenda posting. The Clerk has indicated
a willingness to post agendas if and when provided.
The members may consider items not on the agenda upon a
determination by 2/3 of the members (unanimous vote if less than
2/3 present) that there is a need to take immediate action and the
i
• need for action came to the attention of the body after the agenda
was posted. This exception should not be relied upon on a regular
basis. I have attached a copy of a sample agenda for your
convenience.
4. CONDUCT OF THE MEETING:
Any member of the general public has a right to attend the
meeting. You are prohibited from requiring, as a condition to
attendance, a member of the public to register his or her name,
provide information, complete a questionnaire, or otherwise fulfill
any condition. If you regularly use an attendance list or register
the list must clearly state that signing, registering or completing
the document is voluntary and that members of the public may attend
regardless of whether they sign or register. You are entitled to
ask members of the public who speak to give their names so you can
properly prepare the minutes. However, if the member of the public
refuses to give his or'her name let them speak anyway.
As a general rule, members are prohibited from discussing any
item not on the agenda. The exceptions to the rule include asking
a question for clarification, requesting a matter be placed on a
future agenda, brief responses to statements made during the public
comment segment of the meeting, and a reference to staff or other
resources for factual information. Please encourage your members
not to abuse these exceptions.
Each agenda must have a public comments section. The Brown
Act requires you to make staff reports available to the public when
they are complete even if the document has not been sent to members
of the committee or commission. Please make sure you have copies
of the agenda and other documents given or to be presented to
members available for someone from the general public. You must
also retain documents which are presented to the committee or
commission at the meeting by a member of the general public or
staff and allow those documents to be inspected at the conclusion
of the meeting. If someone asks for a copy of a document presented
by a member of the public during the meeting it must be available
for inspection immediately after the meeting. Persons may make
comments on any matter of public interest. You may limit speakers
to a specific period of time. I would encourage each Board,
Commission, or Committee that does not currently have by -laws to
adopt those provisions of Council Policies A -6 and A -10 as
appropriate.
S. SUMMARY:
The purpose of the Brown Act is to maximize public
participation in, and knowledge of, decisions made by local
government. You will have little difficulty complying with the
• Brown Act if you and members of your committee or commission
strictly adhere to that philosophy. The following is a summary of
specific suggestions and things to do to ensure compliance with the
Brown Act:
IS
. (a) At your first meeting adopt, by reference, the procedural
rules of the conduct of meetings specified in Council Policy
A -6 and A -10;
(b) At your next meeting establish a regular meeting date, time
and place (i.e., 7,:00 p.m. third Wednesday of every month) ;
(c) Make sure the agenda is posted 72 hours before the meeting;
(d) Do not routinely cancel regular meetings and hold special
meetings instead;
(e) Make sure there is no discussion of off - agenda items -
isolated comments or statements consistent with the exceptions
listed above will not create major problems;
(f) Do not keep people out of the meeting, do not prevent people
from speaking at the meeting,. do not require people to
identify themselves as a condition to attendance;
(g) Make sure you have copies of material delivered to the members
available to the general public prior to the meeting and make
sure that documents presented at the meeting are retained and
offered for inspection;
40 (h) Do not meet in a room inaccessible to persons with physical
disabilities;
L J
(i) With the exception of the Civil Service Board (and possibly
the Library Board of Trustees) no committee, board or
commission should hold any closed or executive session; and
(J) Tell members of your board that they will be committing a
misdemeanor if they are present at any meeting during which a
violation of the Brown Act occurs with the intent to deprive
Finally, copies of the Brown Act are to be made available to
all members of the legislative body. Copies of the Brown Act will
be available in the City Managert�p Office on or before April 1,
1994. Please distribute copies df the Act to membprA.as soon as
possible but in not event later.;'�Lrhan the next wed£ing�
/- j
Robert H. Burnham
City Attorney
RHB:gj
AttGrAct.mem
I
• SAMPLE AGENDA:
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1. Order and Roll Call.
2. Approval of minutes.
3. Public comments (invite members of the public to comment on
any matter of public interest indicating speakers are limited
to three minutes).
4. Matters which a member may wish to place on a future agenda
(list by title - subject matter).
5. Discussion items (list by title - subject matter).
6. Public Hearing.
Staff reports (list by topic - subject matter report).
7. Continued business.
8. Adjournment.
0 RALPH M. BROWN ACT
54950. In enacting this chapter, the Legislature finds and
declares that the public commissions, boards and councils and the
other public agencies in this State exist to aid in the conduct of
the people's business. It is the intent of the law that their
actions be taken openly and that their deliberations be conducted
openly.
The people of this State do not yield their sovereignty to the
agencies which serve them. The people, in delegating authority,
do not give their public servants the right to decide what is good
for the people to know and what is not good for them to know. The
people insist on remaining informed so that they may retain
control over the instruments they have created.
(Added by Stats. 1953, Ch. 1588.)
54950.5. This chapter shall be known as the Ralph M. Brown
Act.
(Added by Stats. 1961, Ch. 115.)
• 54951. As used in this chapter, "local agency" means a
county, city, whether general law or chartered, city and county,
town, school district, municipal corporation, district,, political
subdivision, or any board, commission or agency thereof, or other
local public agency.
(Amended by Stats. 1959, Ch. 1417.)
54951.1. For the purposes of this chapter, and to the
extent not inconsistent with federal law, the term "local agency"
shall include all private nonprofit organizations that receive
public money to be expended for public purposes pursuant to the
"Economic Opportunity Act of 1964" (P.L. 88 -452; 78 Stat. 508).
(Added by Stats. 1967, Ch. 1384. Repealed as of April 1, 1994,
by Stats. 1993, Ch. 1138.)
54951.7. "Local agency" includes any nonprofit corporation,
created by one or more local agencies, any one of the members of
whose board of directors is appointed by such local agencies and
which is formed to acquire, construct, reconstruct, maintain or
operate any public work project.
(Amended by Stats. 1981, , Ch. 968,%Sec. 24. Repealed as of April
1, 1994, by Stats. 1993, Ch. 1138.)
54952. As used in this chapter, "legislative body" means •
the governing board, commission, directors or body of a local
agency, or any board or commission thereof, and shall include any
board, commission, committee, or other body on which officers of a
local agency serve in their official capacity as members and which
is supported in whole or in part by funds provided by such agency,
whether such board, commission, committee or other body is
organized and operated by such local agency or by a private
corporation.
(Amended by Stats. 1961, Ch. 1671. Superseded on April 1, 1994,
by amendment by Stats. 1993, Ch. 1138.)
54952. As used in this chapter, "legislative body" means:
(a) The governing body of a, local agency or any other local
body created by state or federal statute.
(b) A commission, committee, board, or other body of a local
agency, whether permanent or temporary, decisionmaking or
advisory, created by charter, ordinance, resolution, or formal
action of a legislative body. 'However, advisory committees,
composed solely of the members of the legislative body which are
less than a quorum of the legislative body are not legislative
bodies, except that standing committees of a legislative body,
irrespective of their composition, which have a continuing subject •
matter jurisdiction, or a meeting. - schedule fixed by charter,
ordinance, resolution, or formal action of a legislative body are
legislative bodies for purposes of this chapter.
(c) A board, commission, committee,, or other multimember body
that governs a private corporation or entity that either:
(1) Is created by the elected legislative body in order to
exercise authority that may lawfully be delegated by the elected
governing body to a private corporation or entity.
(.2), Receives funds from a local agency and the membership of
whose 'governing body includes a member of the legislative body of
the local agency appointed to that governing body by the
legislative body of the local agency.
(d) The lessee of any hospital the whole or.part,of which is
first leased pursuant to,subdivision (p) of -Section 3212'1 of the
Health and Safety Code after January It 1994, where the lessee
exercises any material authority of a legislative body of a local
agency delegated to it by that legislative body whether the lessee
is organized and operated by the local agency or by a delegated
authority.
(Amended by Stats. 1993, Ch. 1138, Sec. 3. Effective January 1,
1994. operative April 1, 1994, by Sec. 12 of Ch. '1138.)
(54952.1) 54925.1. As used in this chapter, "member of a
legislative body of a local agency's includes, but is not limited
to, any person elected to serve as a member of a legislative body
who has not yet assumed the duties of office. That person shall
conform his or her conduct to the requirements of this chapter and
shall be treated for purposes of enforcement of this chapter as if
he or she has already assumed office.
(Added by Stats. 1993, Ch. 1136, Sec. 1. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1136.
See Section 54952.1, with similar text, as added by Stats. 1993,
Ch. 1137.)
54952.1. As used in this chapter, "member of a legislative
body of a local agency" includes, but is not limited to, any
person elected to serve as a member of a legislative body who has
not yet assumed the duties of office. That person shall conform
his or her conduct to the requirements of this chapter and shall
be treated for purposes of enforcement of this chapter as if he or
she has already assumed office.
(Added by Stats. 1993, Ch. 1137, Sec. 1. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54952.2. As used in this chapter, "legislative body" also
means any board, commission, committee, or similar multimember
body which exercises any authority of a legislative body of a
local agency delegated to it by that legislative body.
(Added by Stats. 1981, Ch. 968, Sec. 25. Repealed as of April 1,
1994, by Stats. 1993, Ch. 1138. See same - numbered section added
by Stats. 1993, Ch. 1137.)
54952.2. (a) As used in this chapter, "meeting" includes
all of the
following:
(1) Any congregation of a majority of the members of a
legislative body in the same time and place to hear, discuss, or
deliberate upon any item that is within the subject matter
jurisdiction of the legislative body or the local agency to which
it pertains.
(2) Any use of direct communication, personal intermediaries,
or technological devices that is employed by a majority of the
members of the legislative body to develop a collective
concurrence as to action to be taken on an item by the members of
the legislative body.
(b) Nothing in subdivision (a) shall impose the requirements of
this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a
legislative body and any other person.
(2) The attendance of a majority of the members of a
legislative body at a conference or similar gathering open-to the
• public that involves a discussion of issues of general interest to
the public or to public agencies of the type represented by the
legislative body, provided that a majority of the members do not
discuss among themselves business of a specified nature that is •
within the subject matter jurisdiction of the local agency.
Nothing in this paragraph is intended to allow members of the
public free admission to a conference or similar gathering at
which the organizers have required other participants or
registrants to pay fees or charges as a condition of attendance.
(3) The attendance of a majority of the members of a
legislative body at an open and publicized meeting organized to
address a topic of local community concern by a person or
organization other than the local agency, provided that a majority
of the members do not discuss among themselves business of a
specific nature that is within the subject matter jurisdiction of
the legislative body of the local agency.
(4) The attendance of a. majority of the members at a purely
social or ceremonial occasion, provided that a majority of the
members do not discuss among themselves business of a specific
nature that is within the subject matter jurisdiction of the
legislative body of the local agency.
(Added by Stats. 1993, Ch. 1136, Sec. 2. Effective January 1,,
1994. operative April it 1994, by Sec. 23 of Ch. 1136.
See identical section added by Stats. 1993, Ch. 1137.)
54952.2.. (a) As used in this chapter, "meeting" includes
all of the
following:
(1,) Any congregation of a majority of the members of a
legislative body in the same time and place to hear, discuss, or
deliberate upon any item that is within the subject matter
Jurisdiction of the legislative body or the local agency to which
it pertains.
(2) Any use of direct communication, personal intermediaries,
or technological devices that is employed by a majority of the
members of the legislative body to develop a collective
concurrence as to action to be taken on an item by the members of
the legislative body.
(b) Nothing in subdivision (a) shall impose the requirements of
this chapter upon any of the following:
(1) Individual contacts or conversations between a member of a
legislative body and any other person.
,(2) The attendance of a majority of the members of a
legislative body at a conference or.situi:lar gathering open to the
public that involves a discussion of issues of general interest to
the public or to, public agencies of the type represented by the
legislative body, provided that a majority of the members do not
discuss among themselves business of a specific nature that is
within the subject matter jurisdiction of the local agency.
Nothing in this paragraph is intended to allow members of the
public free admission to a conference or, similar gathering at
which the organizers have required other participants or
registrants to pay fees or chargestas a condition of
attendance.
(3) The attendance.of a majority of the members of a
9
J& legislative body at an open and publicized meeting organized to
address a topic of local community concern by a person or
organization other than the local agency, provided that a majority
of the members do not discuss among themselves business of a
specific nature that is within the subject matter jurisdiction of
the legislative body of the local agency.
(4) The attendance of a majority of the members at a purely
social or ceremonial occasion, provided that a majority of the
members do not discuss among themselves business of a specific
nature that is within the subject matter jurisdiction of the
legislative body of the local agency.
(Added by Stats. 1993, Ch. 1137, Sec. 2. Effective January 1,
1994. Operative April If 1994, by Sec. 23 of Ch. 1137.)
54952.3.. As used in this chapter "legislative body" also
includes any advisory commission, advisory committee or advisory
body of a local agency, created by charter, ordinance, resolution,
or by any similar formal action of a legislative body or member of
a legislative body of a local agency.
Meetings of such advisory commissions, committees or bodies
concerning subjects which do not require an examination of facts
and data outside the territory of the local agency shall be held
within the territory of the local agency and shall be open and
• public, and notice thereof must be delivered personally or by mail
at least 24 hours before the time of such meeting to each person
who has requested, in writing, notice of such meeting.
If the advisory commission, committee or body elects to provide
for the holding of regular meetings, it shall provide by bylaws,
or by whatever other rule is utilized by that advisory body for
the conduct of its business, for the time and place for holding
such regular meetings. No other notice of regular meetings is
required.
"Legislative body" as defined in this section does not include
a committee composed solely of members of,the governing body of a
local agency which are less than a quorum of such governing body.
The provisions of Sections 54954, 54955, 54955.1, and 54956
shall not apply to meetings under this section.
(Amended by Stats. 1981, Ch. 968, Sec. 26. Repealed as of April
IF 1994, by Stats. 1993, Ch. 1138.)
54952.5. As used in this chapter "legislative body" also
includes, but is not limited to, planning commissions, library
boards, recreation commissions, and other permanent boards or
commissions of a local agency.
(Added by Stats. 1961, Ch. 1671. Repealed as of April 1, 1994,
by Stats. 1993, Ch. 1138.)
54952..6. As used in this chapter, "action taken" means a
collective decision made by a majority of the members of a
legislative body,, a collective commitment or promise by a majority
of the members of a legislative body to make a positive or a
negative decision, or an actual vote by a majority of the members
of a, legislative body when sitting as a body or entity, upon a
motion, proposal, resolution, order or ordi'hance.
(Added by Stats. 1961, Ch. 1671.)
54952.7. A legislative body of a local agency may require
that a copy of this chapter be given to each member of the
legislative,body. An elected legislative body of a local agency
may require that a copy of this chapter be given to each member of
each legislative body all or a majority of whose members are
appointed by or under the authority of the elected legislative
body.
(Amended by Stats. 1981, Ch.,968, Sec. 27. Superseded on April
I, 1994, by amendment by Stats. 1993, Ch. 1138.)
54952.7. A legislative body of a local agency may require
that a copy of this chapter be given to each member of the
legislative body and any person elected to serve as a member of
the Legislative body who.has not assumed the duties of office. An
elected legislative body of a local agency may require that a copy
of this chapter be given to each member of each legislative body
all or a majority of whose members are appointed by or under the
authority of the elected legislative body.
(Amended by Stats. 1993, Ch. 1138, Sec. 7. Effective January 1,
1994,. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
54953. (a) All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local
agency, except as otherwise provided in this
chapter.
(b) Notwithstanding any other provision of law, the legislative
body of a local agency may use video teleconferencing for the
benefit of the public or the legislative body of ,a local agency in
connection with any meeting or proceeding authorized by law. The
use of video teleconferencing, as authorized by this chapter,
shall be limited to the receipt of public comment or testimony by
the legislative body and to deliberations of the legislative body.
If the legislative body of a local agency elects to use video
teleconferencing, it shall ,post agendas at all video
teleconference locations and adopt reasonable regulations to
adequately protect the statutory or constitutional rights of the
parties or the public appearing before the legislative body of a •
local agency. The term "video teleconference" shall mean a system
which provides for both audio and visual participation between all
A
. members of the legislative body and the public attending a meeting
or hearing at any video teleconference location.
(c) No legislative body shall take action by secret ballot,
whether preliminary or final.
(Amended (as amended by Stats. 1988, Ch. 399, Sec. 1) by Stats.
1993, Ch. 1137, Sec. 4. Effective January 1, 1994. Operative
April 1, 1994, by Sec. 23 of Ch. 1137. See version added by
Stats. 1988, Ch. 399, Sec. 2. Note: The version to be amended
(Sec. 1 of Ch. 399) was repealed on Jan. 1, 1994, and will not
exist on this amendment's operative date.)
54953. All meetings of the legislative body of a local
agency shall be open and public, and all persons shall be
permitted to attend any meeting of the legislative body of a local
agency, except as otherwise provided in this
chapter.
This section shall become operative January 1, 1994.
(Repealed (by Sec. 1) and added by Stats. 1988, Ch. 399, Sec. 2.
Section operative January 1, 1994, by its own provisions.)
54953.1. The provisions of this chapter shall not be
construed to prohibit the members of the legislative body of a
local agency from giving testimony in private before a grand jury,
either as individuals or as a body.
(Added by Stats. 1979, Ch. 950-.)
54953.3. A member of the public shall not be required, as a
condition to attendance at a meeting of a legislative body of a
local agency, to register his or her name, to provide other
information, to complete a questionnaire, or otherwise to fulfill
any condition precedent to his or her attendance.
If an attendance list, register, questionnaire, or other
similar document is posted at or near the entrance to the room
where the meeting is to be held, or is circulated to the persons
present during the meeting, it shall state clearly that the
signing, registering, or completion of the document is voluntary,
and that all persons may attend the meeting regardless of whether
a person signs, registers, or completes the document.
(Amended by Stats. 1981, Ch. 968, Sec. 28.)
54953.5. Any person attending an open and public meeting of
a legislative body of a local agency shall have the right to
record the proceedings on a tape recorder in the absence of a
• reasonable finding of the legislative body of the local agency
that such recording constitutes, or would constitute, a disruption
of the proceedings.
(Added by Stats. 1980, Ch. 1284. Superseded on April 1, 1994, by •
amendment by Stats. 1993, Ch. 1137.)
54953.5. (a) Any person attending an open and public
meeting of a legislative body of a local agency shall have the
right to record the proceedings with an audio or video tape
recorder or,a still or motion picture,camera in the absence of a
reasonable finding 'by the leg, illative body of the local agency
that the recording cannot continue without noise„ illumination,
or obstruction of view that constitutes, or would constitute, a
persistent disruption.of the proceedings.
(b) Any tape or film record of an open and public meeting made
for whatever purpose by or at the direction of the local agency
shall be subject to inspection pursuant to the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of'Title 1), but, notwithstanding Section 34090, may be
erased or destroyed 30 days after the taping or recording. Any
inspection of a video or tape recording shall be provided without
charge on.a tape recorder made available by the local agency.
(Amended by Stats. 19,93,, Ch. 1137, Sec. 5. Effective January 1,
1994. Operative April 1, 1994, by 'Sec. 23 of Ch. 1137.)
54953.6. No legislative body shall prohibit or otherwise •
restrict the broadcast of its proceedings in the absence of a
reasonable finding that the broadcast cannot be accomplished
without noise, illumination, or obstruction of view that would
constitute a persistent disruption of the proceedings.
(Added by Stats. 1993, Ch. 1136, Sec. 6. Effective January It
19.94. Operative April 1, 1994, by Sec. 23 of Ch. 1136.
See identical section'edded by Stats., 1993, Ch. 1137.)
54953.6. No legislative body shall prohibit or otherwise
restrict the broadcast of its proceedings in the absence of a
reasonable finding that the broadcast cannot be accomplished
without noise, illumination, or obstruction of view that would
constitute a persistent disruption of the proceedings.
(Added by Stats. 19931,Ch. 1137, Sec,. 6. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54953.7. Notwithstanding any other provision of law,
legislative bodies of local- agencies may impose requirements upon
themselves which allow greater access to their meetings than
prescribed by the minimal standards set forth in this chapter. In
addition thereto, an elected legislative body of a local agency •
may impose such requirements on those appointed legislative bodies
of the local agency of which all or a majority of the members are
• appointed by or under the authority of the elected legislative
body.
(Added by Stats. 1981, Ch. 968, Sec. 29.)
54954. The legislative body of a local agency shall
provide, by ordinance, resolution, by -laws, or by whatever other
rule is required for the conduct of business by that body, the
time for holding regular meetings. Unless otherwise provided for
in the act under which the local agency was formed, meetings of
the legislative body need not be held within the boundaries of the
territory over which the.local agency exercises jurisdiction. If
at any time any regular meeting falls on a holiday, such regular
meeting shall be held on the next business day. If, by reason of
fire, flood, earthquake or other emergency, it shall be unsafe to
meet in the place designated, the meeting's may be held for the
duration of the emergency at such place as is designated by the
presiding officer of the legislative body.
(Added by Stats. 1953, Ch. 1588. Superseded on April 1, 1994? by
amendment by Stats. 1993, Ch. 1137.)
54954. (a) The legislative body of a local agency shall
provide, by ordinance, resolution, bylaws, or by whatever other
rule is required for the conduct of business by that body, the
time and place for holding regular
meetings.
(b) Regular and special meetings of the legislative body shall
be held within the boundaries of the territory over which the
local agency exercises jurisdiction except to do any of the
following:
(1) Otherwise comply with the state or federal law or court
order.
(2) Inspect real or personal property which cannot be
conveniently brought within the boundaries of the territory over
which the local agency exercises
jurisdiction.
(3) Participate in meetings or discussions of multiagency
significance that are outside the boundaries of a local agency's
jurisdiction. However, any meeting or discussion held pursuant to
this subdivision shall take place within the jurisdiction of one
of the participating local agencies and be noticed by all
participating agencies as provided for in this chapter.
(4) Meet in the closest meeting facility if the local agency
has no meeting facility within the boundaries of the territory
over which the local agency exercises jurisdiction, or at the
principal office of the local agency if that office is located
outside the territory over which the agency exercises
jurisdiction.
. (5) Meet outside their immediate jurisdiction with elected or
appointed officials of the United States or the State of
California when a local meeting would be impractical, solely to
discuss a legislative or regulatory issue affecting the local
agency and over which the federal or state officials have
jurisdiction.
(6) Meet outside their immediate jurisdiction if the meeting
takes place in or nearby a facility owned by the agency, provided
that the topic of the meeting is limited to items directly related
to the facility.
(7)• Visit the office of the local agency's legal counsel for a
closed session on pending litigation held pursuant to Section
54956.9, when to do so would reduce legal fees or costs.
(c) Meetings of the governing board of a school district shall
be held within the district except under the circumstances
enumerated in subdivision (b), or to do either of the following:
(1) Attend a conference on nonadversarial collective bargaining
techniques.
(2) interview members of the public residing in another
district with reference to the trustees' potential employment of
the superintendent of that
district.
(3) Interview a potential employee from another district.
(d) Meetings of a joint powers authority shall occur within the
territory of at least one of its member agencies, or as provided
in subdivision ,(b). However, a joint powers authority which has
members throughout the state may meet 'at any facility in the state
which complies with the requirements of Section 54961.
(e) If, by reason of fire, flood, earthquake, or other
emergency, it shall be unsafe to meet in the place designated, the
meetings shall be held for the duration of the emergency at the
place designated by the presiding officer of the legislative body
or his or her designee in a notice to the local media that have
requested notice pursuant to Section'549561 by the most rapid
means of communication available at, the time.
(Amended by 'Stats. 1991, Ch. 1137, Sec. 7. Effective January 1,
1994. Operative.April 1, 1994, by Sec. 23 of Ch. 1137.)
54954.1. The legislative body which is subject to the
provisions of this chapter shall give mailed notice of every
regular meeting,, and any special meeting which is called at least
one week prior to the date 'set for the meeting,, to any person who-
has filed a written request for that notice with the 'legislative
body. Any mailed'notice required pursuant to this section shall
be mailed at least one week prior to the date set for the meeting .
to which it applies except that the legislative body may give the
notice as it deems practical of special meetings called less than
seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be
valid,for one year from the date on which it is filed unless a
renewal request is filed.
Renewal requests for notice shall be filed within 90 days after
January 1 of each year. % .
The failure of any person to receive the notice given pursuant
to this section shall not constitute grounds for any court to
ift invalidate the actions of the legislative body for which the
notice was given.
The legislative body may establish a reasonable annual fee for
sending the notice based on the estimated cost of providing the
service.
54954.2. (a) At least 72 hours before a regular meeting,
the legislative body of the local agency, or its designee, shall
post an agenda containing a brief general description of each item
of business to be transacted or discussed at the meeting. The
agenda shall specify the time and location of the regular meeting
and shall be posted in a location that is freely accessible to
members of the public. No action shall be taken on any item not
appearing on the posted agenda.
(b) Notwithstanding subdivision (a), the legislative body may
take action on items of business not appearing on the posted
agenda under any of the following conditions:
(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
(2) Upon a determination by a two - thirds vote of the
legislative body, or, if less than two- thirds of the members are
present, a unanimous vote of those members present, that the need
to take action arose subsequent to the agenda being posted as
specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior
meeting of the legislative body occurring not more than five
calendar days prior to the date action is taken on the item, and
at the prior meeting the item was continued to the meeting at
which action is being taken.
(Added by Stats. 1986, Ch. 641, Sec. 5. Superseded on April 1,
1994, by amendment by Stats. 1993, Ch. 1137.)
54954.2. (a) At least 72 hours before a regular meeting,
the legislative body of the local agency, or its designee, shall
post an agenda containing a brief general description of each item
of business to be transacted or discussed at the meeting,
including items to be discussed in closed session. A brief
general description of an item generally need not exceed 20 words.
The agenda shall specify the time and location of the regular
meeting and shall be posted in a location that is freely
accessible to members of the
public.
No action or discussion shall be undertaken on any item not
appearing on the posted agenda, except that members of a
legislative body may briefly 'respond to statements made or
questions posed by persons exercising their public testimony
• rights under Section 54954.3.• In addition, on their own
initiative, or in response to questions posed by the public,
members of a legislative body may ask a question for
clarification, provide a reference to staff or other resources for
factual information, or request,staff to report back to the body •
at a subsequent meeting•concerning any matter. Furthermore, a
member of a legislative body, or the body itself, may take action
to direct staff to place a matter of business on a future agenda.
(b) Notwithstanding subdivision (.a'), the legislative body may
take action on items of business not appearing on the posted
agenda under any of the conditions,stated below. Prior to
discussing any item pursuant to this subdivision,, the legislative
body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative
body that an emergency situation exists, as defined in Section
54956.5.
(2) Upon a determination by a two - thirds vote of the
legislative body, or, if less than ,two- thirds of the members are
present, a unanimous vote of those members present, that there is
a need to take immediate action and that the need for action came
to the attention of the local agency 'subsequent to the agenda
being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a•prior
meeting of the legislative body occurring not more than five
calendar days prior to the date action is taken on the item, and
at the prior meeting the item was continued to the meeting at
which action is being taken.
(Amended by Stats., 1993,,Ch. 1137, Sec. 8. Effective January 1.1
1994. Operative.April 1, 1994, by Sec. 23 of Ch. 1137.)
54984.3. (a,) Every agenda for regular meetings shall
provide an opportunity for members of the public to directly
Address the legislative body on any item of interest to the
public, before or during the legislative body's consideration of
the item, that is within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise
authorized by subdivision (b) of Section 54954. 2. However, in
the case of a meeting of a city council in a city or a board of
supervisors in a city and county, the agenda need not provide an
,opportunity for members of the,public to address the council or
board on any item that has already been considered by a committee,
composed exclusively of members of the council or board, at a
,public meeting wherein all interested members of the public were
afforded the opportunity ta'address the committee on the item,
before or during the committee's consideration of the item, unless
the item•has,been substantially changed since the committee heard
the item, as determined by the council or board.
(b) The legislative body of•a local agency may adopt reasonable
regulations to ensure that the intent,of subdivision (a) is
carried out, including, but not limited to_, regulations limiting
the total amount of time allocated for public testimony on
particular issues and for each individual speaker.
•(Amended by Stats. 1991, Ch. 66, Sec. 1. Superseded on April 1,
19'94, by amendment by Stats. 19931 Ch. 1137.)
�J
54954.3. (a) Every agenda for regular meetings shall
provide an opportunity for members of the public to directly
address the legislative body on any item of interest to the
public, before or during the legislative body's consideration of
the item, that is within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise
authorized by subdivision (b) of Section 54954.2. However, the
agenda need not provide an opportunity for members of the public
to address the legislative body on any item that has already been
considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested
members of the public were afforded the opportunity to address the
committee on the item, before or during the committee's
consideration of the item, unless the item has been substantially
changed since the committee heard the item, as determined by the
legislative body. Every notice for a special meeting at which
action is proposed to be taken on an item shall provide an
opportunity for members of the public to directly address the
legislative body concerning that item prior to action on the item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is
carried out, including, but not limited to, regulations limiting
the total amount of time allocated for public testimony on
particular issues and for each individual speaker.
(c) The legislative body of a local agency shall not prohibit
public criticism of the policies, procedures, programs, or
services of the agency, or of the acts or omissions of the
legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise
provided by law.
(Amended by Stats. 1993, Ch. 1137, Sec. 9. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54954.3. (a) Every agenda for regular meetings shall
provide an opportunity for members,of the public to directly
address the legislative body on any item of interest to the
public, before or during the legislative body's consideration of
the item, that is within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise
authorized by subdivision (b) of Section 54954. 2. However, in
the case of a meeting of a city council in a city or a board of
supervisors in a city and county, the agenda need not provide an
opportunity for members of the public to address the council or
board on any item that has already been considered by a committee,
composed exclusively of members of the council or board, at a
. public meeting wherein all interested members of the public were
afforded the opportunity to address the committee on the item,
before or during the committee's consideration of the item, unless
the item has been substantially changed since the committee heard
the item, as determined by the council or board.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is
carried out, including, but not limited to., regulations limiting
the total amount of time allocated for public testimony on
particular issues and for each individual speaker.
(Amended by Stats. 1991, Ch. 66, Sec. 1. Superseded on April 1,
1994, by amendment by Stats. 1993, Ch. 1137.)
54954.3. (a) Every agenda for regular meetings shall
provide an opportunity for members of the public to directly
address the legislative body on any item.of interest to the
public, 'before 'or. during the legislative body's consideration of
the item, that is. within the subject matter jurisdiction of the
legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise
authorized by subdivision (b) of Section 54954.2. However, the
agenda need notrprovide an opportunity for members of the public
to address the legislative body on any item that has already been
considered by a committee, composed exclusively of members of the
legislative body, at a public meeting wherein all interested
members of the public were afforded the opportunity to address the
dommittee•on the item, before or during the committee's
consideration of the item, unless the item has been substantially
changed since the committee heard the item, as determined by the
legislative body. Every notice for a special meeting at which
action is proposed to be taken on an item shall provide an
opportunity for members of the public to directly address the
legislative body concerning that item prior to action on the item.
(b) The legislative body of a local agency may adopt reasonable
regulations to ensure that the intent of subdivision (a) is
carried out, including, but not limited to, regulations limiting
the total amount of time allocated for public testimony on
particular issues and for each individual speaker.
(c) The legislative body, of a'local agency shall not prohibit
public criticism of the policies,, procedures, programs, or
services,of the agency, or of the acts or omissions of the
legislative body. Nothing in this subdivision shall confer any
privilege or protection for expression beyond that otherwise
,provided by law.
(Amended by Stats. 1993, Ch. 1137, Sec. 9. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23, of Ch. 1131.)
54954,..4. (a) The Legislature hereby finds and declares that
'Section 12 of Chapter 641 of the Statutes of 1986, authorizing
reimbursement to local agencies and school districts for costs
mandated by the state pursuant to that act, shall be interpreted •
strictly. The intent of the Legislature is to provide
reimbursement for only those costs which are clearly and
,11,
unequivocally incurred as the direct and necessary result of
compliance with Chapter 641 of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees
and officials involved in reviewing or authorizing claims for
reimbursement, or otherwise participating in the reimbursement
process, to rigorously review each claim and authorize only those
claims, or parts thereof, which represent costs which are clearly
and unequivocally incurred as the direct and necessary result of
compliance with Chapter 641 of the Statutes of 1986 and for which
complete documentation exists. For purposes of Section 54954.2,
costs eligible for reimbursement shall only include the actual
cost to post a single agenda for any one meeting.
(c) The Legislature hereby finds and declares that complete,
faithful, and uninterrupted compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2
of Title 5 of the Government Code) is a matter of overriding
public importance. Unless specifically stated, no future Budget
Act, or related budget enactments, shall, in any manner, be
interpreted to suspend, eliminate, or otherwise modify the legal
obligation and duty of local agencies to fully comply with Chapter
641 of the Statutes of 1986 in a complete, faithful, and
uninterrupted manner.
(Added by Stats. 1991, Ch. 238, Sec. 1.)
54954.5. For purposes of describing closed session items
pursuant to Section 54954.2, the agenda may describe closed
sessions as provided below. No legislative body or elected
official shall be in violation of Section 54954.2 if the closed
session items were described in substantial compliance with this
section. Substantial compliance is satisfied by including the
information provided below, irrespective of format.
(a) With respect to a closed session held pursuant to Section
54956.7: LICENSE /PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (Specify street address, or if no street address, the
parcel number of other unique reference, of the real property
under negotiation)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator
will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: (Specify by reference to claimant's name, names of
parties, case or claim numbers)
or
. Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH 'LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of
Section 54956.9: (Specify number of potential cases-)
Initiation of litigation pursuant to subdivision (c) of Section
5495.6,9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to be discussed in
closed session pursuant to,Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of
officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position,to be filled)
PUBLIC EMPLOYEE PERFORMANCE'' EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE /DISMISSAL /RELEASE
(No additional information is required in. connection with a closed
.session to,�consider, discipline., dismissal, or release )
(f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE'WITH LABOR NEGOTIATOR
Agency negotiator: '.(Specify name')
Employee organization: (Specify name of organization representing
employee)
or
Unrepresented employee: (Specify position title of unrepresented
employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
•54957.8: CASE REVIEW /PLANNING
(h) With respect to every item of 'business discussed in closed
session pursuant to Section 54962 and Sections 1461, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3
of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion will concern: (Specify whether discussion will concern
proposed new - service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (specify whether testimony /deliberation will
concern staff privileges, report of medical audit committee, or
• report of quality assurance committee)
(Added by Stats. 1993, Ch. 1136, Sec. 10. Effective January 1,
1994. Operative April 1,. 1994, by Sec. 23 of Ch. 1136. See
similar section added by Stats. 1993, Ch. 1137.)
54954.5. For purposes of describing closed session items
pursuant to Section 54954.2, the agenda may describe closed
sessions.as provided below. No legislative body or elected
official shall be in violation of Section 54954.2 if the closed
session items were described in substantial compliance with this
section. Substantial compliance is satisfied by including the
information provided below, irrespective of its format.
(a) With respect to a closed session held pursuant to Section
54956.7:
LICENSE /PERMIT DETERMINATION
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.8:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: (Specify street address, or if no street address,
the parcel number or other unique reference, of the real property
under negotiation)
Negotiating parties: (Specify name of party (not agent))
Under negotiation: (Specify whether instruction to negotiator
will concern price, terms of payment, or both)
(c) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.9:
CONFERENCE WITH LEGAL'COUNSEL EXISTING LITIGATION
Name of case: (Specify by reference to claimant's name, names
of parties, case or claim numbers)
or
Case name unspecified: (Specify whether disclosure would
jeopardize service of process or existing settlement negotiations)
CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b)
of Section.54956.9: (Specify number of potential cases)
Initiation of litigation pursuant to subdivision (c) of Section
54956.9: (Specify number of potential cases)
(d) With respect to every item of business to be discussed in
closed session pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Specify name unless unspecified pursuant to Section
54961)
Agency claimed against: (Specify name)
rl
(e) With respect to every item of business to be discussed in
closed session pursuant to Section 54957:
THREAT TO PUBLIC SERVICES OR FACILITIES
Consultation with: (Specify name of law enforcement agency and
title of
officer)
PUBLIC EMPLOYEE APPOINTMENT
Title: (Specify description of position to be filled)
PUBLIC EMPLOYMENT
Title: (Specify description of position to,be filled)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: (Specify position title of employee being reviewed)
PUBLIC EMPLOYEE DISCIPLINE /DISMISSAL /RELEASE
(No additional information is required in connection with a
closed session to consider discipline, dismissal, or release)
(f) With respect to every item of business to be discussed in
closed session pursuant to Section 54957.6:
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiator: (Specify name)
Employee organization: (.Specify name of organization
representing
employee)
or
Unrepresented employee: (Specify position title of
unrepresented employee who is the subject of the negotiations)
(g) With respect to closed sessions called pursuant to Section
5'4957.8:
CASE REVIEW /PLANNING
(h), With respect to every item of business discussed in closed
session pursuant to Section 54962 and Sections 14'61, 32106, and
32155 of the Health and Safety Code or Sections 37606 and 37624.3
of the Government Code:
REPORT INVOLVING TRADE SECRET
Discussion,will concern: (Specify whether discussion will
concern proposed new service, program, or facility)
Estimated date of public disclosure: (Specify month and year)
HEARINGS
Subject matter: (Specify whether testimony /deliberation will
concern staff privileges, report of medical audit committee, or
report of duality assurance
committee)
(Added by Stats. 1993, Ch. 1137, Sec. 10. Effective January 11
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54954.6. (a) (1) Before adopting any new or increased
• general tax or any new or increased assessment, the legislative
body of a city, county, special district, or joint powers
authority shall conduct at least one public meeting at which local
officials must allow public testimony regarding the proposed new
or increased general tax or new or increased assessment in
addition to the noticed public hearing at which the legislative
body proposes to enact or increase the general tax or assessment.
For purposes of this section, the term "new or increased
assessment" does not include any of the following:
(A) A fee which does not exceed the reasonable cost of
providing the services, facilities, or regulatory activity for
which the fee is charged.
(B) A service charge or benefit charge, unless a special
district's principal act requires service charges or benefit
charges to conform to the requirements of this section.
(C) An ongoing annual assessment if it is imposed at the same
or lower amount as any previous year.
(D) An assessment which does not exceed an assessment formula
or range of assessments previously adopted by the agency or
approved by the voters in the area where the assessment is
imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public
notice of the public hearing at which the legislative body
proposes to enact or increase the general tax or assessment. The
legislative body shall provide notice for the public meeting at
the same time and in the same document as the notice for the
public hearing, but the meeting shall occur prior to the hearing.
(b) (1) The joint notice of both the public meeting and the
public hearing, required by subdivision (a) with respect to a
proposal for a new or increased general tax shall be 'accomplished
by placing a display advertisement of at least one - eighth page in
a newspaper of general circulation for three weeks pursuant to
Section 6063 and by a first -class mailing to those interested
parties who have filed a written request with the local agency for
mailed notice of public meetings or hearings on new or increased
general taxes. The public meeting pursuant to subdivision (a)
shall take place no earlier than 10 days after the first
publication of the joint notice pursuant to this subdivision. The
public hearing shall take place no earlier than seven days after
the public meeting pursuant to this subdivision. Notwithstanding
paragraph (2) of subdivision (a), the joint notice need not
include notice of the public meeting after the meeting has taken
place. The public hearing pursuant to subdivision (a) shall take
place no earlier than 45 days after the first publication of the
joint notice pursuant to this subdivision. The public hearing
shall take place no earlier than seven days after the public
meeting pursuant to this subdivision. Any written request for
mailed notices shall be effective for one year from the date on'
which it is filed unless a renewal request is filed. Renewal
requests for mailed notices shall be filed on or before April 1 of
each year. The legislative body may establish a reasonable annual
charge for sending notices based'on the estimated cost of
providing the service.
(2) The notice required by paragraph (1) of this subdivision
shall include, but not be limited to, the following: •
(A) The amount or rate of the tax. If the tax is proposed to
be increased from any previous year, the joint notice,shall
separately state both the existing tax rate and the proposed tax
rate increase.
(B) The activity to be taxed'.
(C) The estimated amount of revenue to be raised by the tax
annually.
(D) The method and frequency for collecting the tax.
(E) The dates, times, and locations of the public meeting and
hearing described in subdivision (a).
(F) The phone'number and address of an i- ndividual, office, or
organization that interested persons may contact to receive
additional information about the tax.
(,c) (1) The joint notice of both the public meeting and the
public hearing required by subdivision (a) with respect to a
proposal for a new or increased assessment on real property shall
be accomplished through a mailing, postage prepaid, in the United
States mail and shall be deemed given when so deposited. The
public meeting pursuant to subdivision (a) shall ,take place no
earlier than 10 days ,after the joint mailing pursuant to this
subdivision.
The public hearing shall take place no earlier than seven days
after the .public meeting pursuant to this subdivision. The
envelope or the cover of the mailing shall include the name of the
local agency and the return address of the sender. This mailed
notice shall be in at least 10 -point type and shall be given to
all property owners proposed to be, subject to the new or increased
assessment by a mailing by name to those persons whose names and
addresses appear on the last equalized county assessment roll or
the,State Board of Equalization assessment roll, as the case may
be.
(2) The joint notice required by paragraph (1) ,of this
subdivision shall include, but not be limited to,, the following:
('A) The estimated amount of the assessment per parcel. I'f the
assessment is proposed to be increased'from any previous year,, the
joint motice shall separately state both the amount of the
existing assessment and'the proposed assessment increase.
(.B)' A general description of the purpose or improvements that
the assessment will fund.
(C) The address to which ,property owners may mail a protest
against the assessment.
(D) The phone 'number and address of an individual, office, or
organization that interested persons may contact to 'receive
additional information about the assessment.
(E,) A, statement that a majority protest will cause the
assessment to be abandoned if the assessment act used to levy the
assessment so provides. Notice must also state the percentage of
protests required to trigger an election, if applicable.
('F) The dates, times„ and locations, of the publio: meeting and
hearing described in subdivision (a).
(3) Notwithstanding paragraph (1), in the case of an assessment
which is proposed exclusively for operation and maintenance
r
expenses for an entire city, county, or district, or operation and
maintenance assessments proposed to be levied on 50,000 parcels or
more, notice may be provided pursuant to paragraph (1) of
subdivision (b) and shall include the information required by
paragraph (2) of subdivision (c).
(4) Notwithstanding paragraph (1), in the case of an assessment
proposed to be levied pursuant to Part 2 (commencing with Section
22500) of Division 2 of the Streets and Highways Code by a
regional park district, regional park and open -space district, or
regional open -space district formed pursuant to Article 3
(commencing with Section 5500) of Chapter 3 of Division 5 of, or
pursuant to Division 26 (commencing with Section 35100) of,, the
Public Resources Code, notice may be provided pursuant to
paragraph (1) of subdivision (b).
(d) The notice requirements imposed by this section shall be
construed as additional to, and not to supersede, existing
provisions of law, and shall be applied concurrently with the
existing provisions so as to not delay or prolong the governmental
decisionmaking process.
(e) This section shall not apply to any new or increased
general tax or any new or increased assessment that requires an
election of either of the
following:
(1) The property owners subject to the assessment.
(2) The voters within the city, county, special district, or
joint powers authority imposing the tax or assessment.
(f) Nothing in this section shall prohibit a local agency from
holding a consolidated meeting or hearing at which the legislative
body discusses multiple tax or assessment proposals.
(g) The local agency may recover the reasonable costs of public
meetings, public hearings, and notice required by this section
from the proceeds of the tax or assessment. The costs recovered
for these purposes, whether recovered pursuant to this subdivision
or any other provision of law, shall not exceed the reasonable
costs of the public meetings, public hearings, and notice.
(Amended by Stats. 1993, Ch. 1194, Sec. 2. Effective October
11, 1993.)
54955. The legislative body of a local agency may adjourn
any regular, adjourned regular, special or adjourned special
meeting to a time and place specified in the order of adjournment.
Less than a quorum may so adjourn from time to time. If all
members are absent from any regular or adjourned regular meeting
the clerk or secretary of the legislative body may declare the
meeting adjourned to a stated time and place and he shall cause a
written notice of the adjournment to be given in the same manner
as provided in Section 54956 for special meetings, unless such
notice is waived as provided for special meetings. A copy of the
order or notice of adjournment shall be conspicuously posted on or
near the door of the place where the regular, adjourned regular,
special or adjourned special meeting was held within 24 hours
after the time of the adjournment. When a regular or adjourned
regular meeting is adjourned as provided in this section, the
resulting adjourned regular meeting is a regular meeting for all •
purposes. When an order of adjournment of any meeting fails to
state the hour at which the adjourned meeting is to,be held, it
shall be held at the hour specified for regular meetings by
ordinance, resolution, bylaw, or other rule.
(Amended 'by Stats. 1959, Ch. 647.)
54955.1. Any hearing being held, or noticed or ordered to
be held, by a legislative body of a local agency at any meeting
may by order or notice of continuance be continued or recontinued
to any subsequent meeting of the legislative body in the same
manner and to the same extent set forth in Section 54955 'for the
adjournment of meetings; provided, that if the hearing is
continued to a time less than 24 hours after the time specified in
the.order or notice of hearing, a copy of the order or notice of
continuance of hearing 'shall be posted immediately following the
meeting at which the order or declaration of continuance was
adopted or made.
(Added by Stats.. 1965, Ch. 469.)
54956. A special meeting may be called at any time by the
presiding officer of the legislative body of a local agency, or by
a majority of the members of the legislative body, by delivering
personally or 'by mail written notice to each member of the
legislative body and to each local newspaper of general
circulation, radio or television station requesting notice in
writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the
m'eet'ing as specified in the notice. The call and notice shall
specify the time and place of the special meeting and the business
to be transacted. No other business shall be considered at these
meetings by the legislative body. The written notice may be
dispensed with as to any member who at or prior to the time the
meeting convenes 'files with the',clerk or secretary of the
legislative body a written waiver of notice. The waiver may be
given by telegram. The written notice may also be dispensed with
as to any member who is actually present at the meeting at the
time it convenes. Notice shall be required pursuant to this
section regardless of whether any action is taken at the special
meeting.
The call and notice shall be posted at least 24 hours prior to
the special meeting in a location that is freely accessible to
members of the public.
(Amended by Stats. 1986, Ch. 641, Sec. 7.)
54956.5. In the case of an emergency situation involving
matters upon which prompt action is necessary due to the
. disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying
with either the 24 -hour notice requirement or the 24 -hour posting
requirement of Section 54956 or both of the notice and posting
requirements.
For purposes of this section, "emergency situation" means any
of the
following:
(a) Work stoppage or other activity which severely impairs
public health, safety, or both, as determined by a majority of the
members of the legislative
body.
(b) Crippling disaster which severely impairs public health,
safety, or both, as determined by a majority of the members of
the legislative body.
However, each local newspaper of general circulation and radio
or television station which has requested notice of special
meetings pursuant to Section 54956 shall be notified by the
presiding officer of the legislative body, or designee thereof,
one hour prior to the emergency meeting by telephone and all
telephone numbers provided in the most recent request of such
newspaper or station for notification of special meetings shall be
exhausted. In the event that telephone services are not
functioning, the notice requirements of this section shall be
deemed waived, and the legislative body, or designee of the
legislative body, shall notify those newspapers, radio stations,
or television stations of the fact of the holding of the emergency
meeting, the purpose of the meeting, and any action taken at the
meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not
meet in closed session during a meeting called pursuant to this
section.
All special meeting requirements, as prescribed in Section
54956 shall be applicable to a meeting called pursuant to this
section, with the exception of the 24 -hour notice requirement.
The minutes of a meeting called pursuant to this section, a
list of persons who the presiding officer of the legislative body,
or designee of the legislative body, notified or attempted to
notify, a copy of the rollcall vote, and any actions taken at the
meeting shall be posted for a minimum of 10 days in a public place
as soon after the meeting as possible.
(Amended by Stats. 1986, Ch. 641, Sec. 8.)
54956.6. No fees may be charged by the legislative body of
a local agency for carrying out any provision of this chapter,
except as specifically authorized by this chapter.
(Added by Stats. 1980, Ch. 1284.)
54956.7. Whenever a legislative body of a local agency
determines that it is necessary to discuss and determine whether
an applicant for a license or license renewal, who has a criminal
record, is sufficiently rehabilitated to obtain the license, the •
legislative body may hold a closed session with the applicant and
the applicant's attorney, if any, for the purpose of holding the
discussion and making the determination. If the legislative body
determines, as a result of the - closed session, that the issuance
or renewal of the license should be denied, the applicant shall be
offered the opportunity to withdraw the application. If the
.applicant withdraws the application, no record shall be kept of
the discussions or decisions made at the closed session and all
matters relating to the closed session shall be confidential. If
the,applicant does not withdraw the application., the legislative
body shall take action.at the public meeting during which the
closed session is held or at its next public meeting denying the
application for the license but all matters relating to the closed
'session are confidential and shall not be'disclosed without the
consent of the applicant, except in an action by an applicant who
has been denied, a license challenging the denial of the license.
(Added by Stats. 1982, Ch. 298, Sec. 1.)
54956.8. Notwithstanding any other provision of this
chapter, a legislative body of a local agency may hold a closed
session with its negotiator prior to the purchase, sale, exchange,
or lease of real property by or for the local agency to give
instructions to its negotiator regarding the price and terms of
payment for the purchase., sale, exchange, or lease.
However, prior to the closed session, the legislative body of
the local agency shall hold an open and public session in which
it identifies the,real property or real properties which the
negotiations may concern and the person or persons with whom its
negotiator may negotiate.
'For the purpose of this section, the negotiator may be a
member of the legislative'body of the local agency.
For purposes of this section, "lease" includes renewal or
renegotiation of ,a lease.
Nothing in this section shall preclude a local agency from
holding a closed session for discussions regarding eminent domain
proceedings pursuant to Section 54956.9.
54956.9. Nothing in this chapter shall be construed to
prevent a legislative
body of a local agency, based on advice of its legal counsel,
from holding a closed session to confer with, or receive advice
from, its legal counsel regarding pending litigation when
discussion in open session concerning those matters would
prejudice the position of-the local agency in the litigation.
For pur,poses,of this chapter, all expressions.of the
lawyer- client privilege other than those provided in this section
are hereby abrogated.
This section is the exclusive expression of the lawyer - client
privilege for purposes of conducting closed- session meetings
• pursuant to this chapter. For purposes of this section,
litigation shall be considered pending when any of the following
circumstances exist:
(a) An adjudicatory proceeding before a court, administrative
body exercising its adjudicatory authority, hearing officer, or
arbitrator, to which the local agency is a party, has been
initiated formally.
(b) (1) A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a
closed session is authorized pursuant to paragraph (1) of this
subdivision.
(c) Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate
litigation.
Prior to holding a closed session pursuant to this section, the
legislative body of the local agency shall state publicly to which
subdivision it is pursuant. If the session is closed pursuant to
subdivision (a), the body shall state the title of or otherwise
specifically identify the litigation to be discussed, unless the
body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unserved parties,
or that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage.
The legal counsel of the legislative body of the local agency
shall prepare-16 and submit to the body a memorandum stating the
specific reasons and legal authority for the closed session. If
the closed session is pursuant to subdivision (a), the memorandum
shall include the title of the litigation. If the closed session
is pursuant to subdivision (b) or (c), the memorandum shall
include the existing facts and circumstances on which it is based.
The legal counsel shall submit the memorandum to the body prior to
the closed session if feasible, and in any case no later than one
week after the closed session.
The memorandum shall be exempt from disclosure pursuant to Section
6254.1.
For purposes of this section, "litigation" includes any
adjudicatory proceeding, including eminent domain, before a court,
administrative body exercising its adjudicatory authority, hearing
officer, or arbitrator.
(Amended by Stats. 1987, Ch. 1320, Sec. 5. Superseded on April
1, 1994, by amendment by Stats. 1993, Ch. 1137.)
54956.9. Nothing in-this chapter shall be construed to
prevent a legislative body of a local agency, based on advice of
its legal counsel, from holding a closed session to confer with,
or receive advice from, its legal counsel regarding pending
litigation when discussion in open session concerning those
matters would prejudice the position of the local agency in the
litigation.
.
For purposes of this chapter, all expressions of the
iawyer- client privilege other than those provided in this section
are hereby abrogated.
This section is.the exclusive expression of the Lawyer - client
privilege for purposes of conducting closed- session meetings
pursuant to this chapter.
For purposes of this section, "litigation" includes any
adjudicatory proceeding, including eminent domain,'before a court,
administrative body exercising its adj'udicatory authority, hearing
officer, or arbitrator.
For purposes of this section, litigation,shall be considered
pending when any of the following circumstances exist:
(a) Litigation, to which the local agency is a party, has been
initiated formally.
(b) (1). A point has been reached where, in the opinion of the
legislative body of the local agency on the advice of its legal
counsel, based on existing facts and circumstances, there is a
significant exposure to litigation against the local agency.
('21 Based on existing facts and circumstances, the legislative
body of the local agency is meeting only to decide whether a
closed session is authorized pursuant to paragraph (1) of this
subdivision.
For purposes of paragraphs (1) and .(2.), "',existing facts and
circumstances" shall consist only of one of the following:
(A) Facts and circumstances that might result in litigation
against the agency but which the agency believes are not yet known
to a potential plaintiff or plaintiffs, which facts and
circumstances need not be disclosed.
(B) Facts and circumstances, including, but not limited to, an
accident, disaster,, incident, or transactional occurrence that
might result in litigation against the agency and that are known
to a potential plaintiff or plaintiffs, which facts or
circumstances shall be publicly stated on the agenda or announced..
(C) The receipt of a claim pursuant to the Tort Claims Act or
some other written communication from,a potential plaintiff
threatening litigation, 'which claim or communication shall be
available for public inspection pursuant to Section 54957.5.
(D) A statement,made by a person in an open and public meeting
threatening litigation on a specific matter within the
responsibility of the legislative body.
('E) A statement threatening litigation made by a person outside
an open and public meeting on a specific matter within the
responsibility of the legislative body so long as the official or
employee of the local agency receiving knowledge of the threat
makes a contemporaneous or other record of the statement prior,to
the meeting, which record shall be available for public inspection
pursuant to Section 54957.5. The records so created need not
'identify the alleged victim of - unlawful or tortious sexual conduct
or anyone making the threat on their behalf, or-identify a public
employee who is the alleged perpetrator of any unlawful or
tortious conduct upon which a threat of litigation is based,
unless the identity of the person has been publicly
• disclosed.
(F) Nothing in this section shall require disclosure of written
communications that are privileged and not subject to disclosure
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative
body of the local agency has decided to initiate or is deciding
whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the
legislative body of the local agency shall state on the agenda or
publicly announce the subdivision of this section that authorizes
the closed session. If the session is closed pursuant to
subdivision (a), the body shall state the title of or otherwise
specifically identify the litigation to be discussed, unless the
body states that to do so would jeopardize the agency's ability to
effectuate service of process upon one or more unserved parties,
or that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage.
A local agency shall be considered to be a "party" or to have a
"significant exposure to litigation" if an officer or employee of
the local agency is a party or has significant exposure to
litigation concerning prior or prospective activities or alleged
activities during the course and scope of that office or
employment, including litigation in which it is an issue whether
an activity is outside the course and scope of the office or
employment.
(Amended by Stats. 1993, Ch. 1137, Sec. 11. Effective January
11 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
•
54956.95. (a) Nothing in this chapter shall be construed to
prevent a joint powers agency formed pursuant to Article 1
(commencing with Section 6500) of Chapter 5 of Division 7 of Title
1, for purposes of insurance pooling, or a local agency member of
the joint powers agency, from holding a closed session to discuss
a claim for the payment of tort liability losses, public liability
losses, or workers' compensation liability incurred by the joint
powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the
Local Agency Self- Insurance Authority formed pursuant to Chapter
5.5 (commencing with Section 6599.01) of Division 7 of Title 1, or
a local agency member of the authority, from holding a closed
session to discuss a claim for the payment of tort liability
losses, public liability losses, or workers' compensation
liability incurred by the authority or a local agency member of
the authority.
(c) Nothing in this section shall be construed to affect
Section 54956,.9 with respect to any other local agency.
(Added by Stats. 1989, Ch. 882, Sec. 3.)
54957. Nothing contained in this chapter shall be construed
to prevent the legislative body of 'a local agency from holding .
closed sessions with the Attorney General, district attorney,
sheriff, or chief of police, or,their respective deputies, on
matters posing a threat to the security of public buildings or a
threat to the publics right of access to public services or
public facilities, or from holding closed sessions during a
- regular or special meeting to consider the appointment,
employment, evaluation of performance, or dismissal of a public
employee or to hear complaints or charges brought against such
employee by. another person or employee unless such employee
requests a public hearing. The legislative body also may exclude
from any such public or closed meeting, during the examination of
a witness, any or all other witnesses in the matter being
investiga't'ed by the legislative body.
For the purposes of this section, the term "employee" shall not
include any person elected to office, or appointed to an office by
the legislative body of a local agency; provided, however, that
nonelective positions of city'manager, county administrator, city
attorney, county counsel, or a department head or other similar
administrative officer of a local agency shall be considered
employee positions -; and provided, further that nonelective
positions of general manager, chief engineer, legal counsel,
district secretary, auditor, assessor, treasurer, or tax collector
of any governmental district supplying services within limited
boundaries shall be deemed employee positions.
Nothing in this chapter shall be construed to prevent any
board, commission, committee, or other body organized and operated
by any private organization.as defined in Section 54952 from
holding closed sessions to consider (a) matters affecting the
national security, or (b) the appointment, employment, evaluation
of performance, or dismissal of an employee or to hear complaints
or charges brought against such employee by another person or
employee unless such employee requests a public hearing. Such
body also may exclude from any such public or closed meeting,
during the examination of a wi-tness,,any or all other witnesses in
the matter being investigated by the legislative body.
(Amended by Stats. 1982, Ch. 298, Sec. 2. Superseded on April 1,
1994,'by amendment by Stats. 1993, Ch. 1137.)
54957., Nothing contained in this chapter shall be construed
to prevent the legislative body of a local agency from holding
closed sessions with the Attorney General, district attorney,
sheriff, or chief of police, or their respective deputies, on
matters posing a threat to the security of public'buildings or a
threat to the public's right of access to public services or
public facilities, or from holding closed sessions during a
regular or special meeting to- consider the appointment,,
employment, evaluation of .performance, or dismissal of a public
employee or to hear complaints or charges brought against the
employee,by another person or employee unless the employee .
requests 'a public session. As a condition to holding a closed
session on specific complaints or charges brought against an
I
• employee by another person or employee, the employee shall be
given written notice of his or her right to have the complaints or
charges heard in an open session rather than a closed session,
which notice shall be delivered to the employee personally or•by
mail at least 24 hours before the time for holding the session.
If notice is not given, any disciplinary or other action taken by
the legislative body against the employee based on the specific
complaints or charges in the closed session shall be null and
void. The legislative body also may exclude from that public or
closed meeting, during the examination of a witness, any or all
other witnesses in the matter being investigated by the
legislative body.
For the purposes of this section, the term "employee" shall
include an officer or an independent contractor who functions as
an officer or an employee but shall not include any elected
official, member of a legislative body or other independent
contractors. Nothing in this section shall limit local officials'
ability to hold closed session meetings pursuant to Sections 1461,
32106, and 32155 of the Health and Safety Code or Sections 37606
and 37624.3 of the Government Code. Closed sessions held pursuant
to this section shall not include discussions of a local agency's
available funds, funding priorities, or budget.
(Amended by Stats. 1993, Ch. 1137, Sec. 12. Effective January
1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54957.1. The legislative body of any local agency shall publicly
report at the public meeting during which the closed session is
held or at its next public meeting any action taken, and any roll
call vote thereon, to appoint, employ, or dismiss a public
employee arising out of any closed session of the legislative
body.
(Amended by Stats. 1980, Ch. 1284. Superseded on April 1, 1994,
by amendment by Stats. 1993, Ch. 1137.)
54957.1. (a) The legislative body of any local agency shall
publicly report any action taken in closed session and the vote or
abstention of every member present thereon, as follows:
(1) Approval of an agreement concluding real estate
negotiations pursuant to Section 54956.8 shall be reported after
the agreement is final, as specified below:
(A) If its own approval renders the agreement final, the body
shall report that approval and the substance of the agreement in
open session at the public meeting during which the closed session
is held.
(B) If final approval rests with the other party to the
negotiations, the local agency shall disclose the fact of that
approval and the substance of the agreement upon inquiry by any
. person, as soon as the other party%or its agent has informed the
local agency of its approval.
(2) Approval given to the body's legal counsel to defend, or
I
seek or refrain from seeking appellate review or relief, or to •
enter as an amicus curiae in any form of litigation as the result
of a consultation under Section 54956.9 shall be reported in open
session.at the public meeting during. which the closed session is,
held The report shall identify, if known, the adverse party or
parties and the substance of the litigation. In the case of
approval given to initiate or intervene in an action, the
announcement need not identify the action, the defendants, or
other particulars, but shall specify that the direction to
initiate or intervene in an action has been given and that the
action, the defendants,, and the other particulars shall;, once
formally commenced, be disclosed to any person upon inquiry,
unless to do so would jeopardize the agency's ability to _
effectuate service of process on one or more unserved parties, or
that to do so would jeopardize its ability to conclude existing
settlement negotiations to its advantage.
(3) Approval given to the body's legal counsel of a settlement
of•pending litigation, as defined in Section 54,956.91 at any •stage
prior to or during a judicial or quasi- judicial proceeding shall
be reported after the settlement is final, as specified below:
(A) If the body accepts a settlement offer signed by the
opposing party, the body shall report its acceptance and identify
the substance of the agreement in open session at the public
meeting during which the closed session is held.
(B'p 'If final approval rests with some other party to the
litigation or with the court, then as soon,as the settlement •
becomes final, and upon inquiry by any person, the local agency
shall 'disclose the fact•of that approval, and identify the
,substance of the agreement.
(4) Disposition reached as to claims discussed in closed
session pursuant to Section 54956.95 shall be reported as soon as
reached in a manner that identifies the name of'the claimant, the
name of the local agency claimed against, the substance of the
claim, and any monetary amount approved for payment and agreed
upon by the claimant.
(5) Action taken to appoint, employ, dismiss, accept the
resignation of, or otherwise affect the employment status of a
public employee in closed session pursuant to Section 54957 shall
be reported at the public meeting during which the closed session
is held. Any report required by this paragraph shall identify the
title of the position and specify any change in compensation.
The general requirement of this paragraph notwithstanding, the
report of a dismissal or of the nonrenewal of an employment
contract shall be deferred until the first public meeting
following the exhaustion of administrative remedies, if any.
('6) Approval of an agreement concluding labor negotiations
pursuant to Section 54957.6 shall be reported after the agreement
is final and has been accepted or ratified by the other party.
The'report shall identify the item approved and the other party or
parties to the negotiation.
(b) Reports that are required to be made pursuant to this
section may be made orally or in writing; 'The legislative body •
shall provide to any person who has submitted a written request to
the legislative body within 24 hours of the posting of the agenda,
. or to any person who has made a standing request for all
documentation as part of a request for notice of meetings pursuant
to Section 54954.1 or 54956, if the requester is present at the
time the closed session ends, copies of any contracts, settlement
agreements, or other documents that were finally approved or
adopted in the closed session. If the action taken results in one
or more substantive amendments to the related documents requiring
retyping, the documents need not be released until the retyping is
completed during normal business hours, provided that the
presiding officer of the legislative body or his or her designee
orally summarizes the substance of the amendments for the benefit
of the document requester or any other person present and
requesting the information.
(c) The documentation referred to in paragraph (b) shall be
available to any person on the next business day following the
meeting in which the action referred to is taken or, in the case
of substantial amendments, when any necessary retyping is
complete.
(d) Nothing in this section shall be construed to require that
the legislative body approve actions not otherwise subject to
legislative body
approval.
(e) No action for injury to a reputational, liberty, or other
personal interest may be commenced by or on behalf of any employee
or former employee with respect to whom a disclosure is made by a
legislative body in an effort to comply with this section.
• (Amended by Stats. 1993, Ch. 1137, Sec. 13. Effective January 1,
1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
i
54957.2. (a) The legislative body of a local agency may, by
ordinance or resolution, designate a clerk or other officer or
employee of the local agency who shall then attend each closed
session of the legislative body and keep and enter in a minute
book a record of topics discussed and decisions made at the
meeting. The minute book made pursuant to this section is not a
public record subject to inspection pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1), and shall be kept confidential. The
minute book shall be available only to members of the legislative
body or, if a violation of this chapter is alleged to have
occurred at a closed session, to a court of general jurisdiction
wherein the local agency lies. Such minute book may, but need
not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require
that each legislative body all or a majority of whose members are
appointed by or under the authority of the elected legislative
body keep a minute book as prescribed under subdivision (a).
(Amended by Stats. 1981, Ch. 968, Sec. 31.)'
54957.5. (a) Notwithstanding Section 6255 or any other
provisions of law, agendas of public meetings and other writings; •
when distributed to all, or a majority of all, of the members of a
legislative body of a local agency•by a member, officer, employee,
or agent of such body for disoussion�or consideration at a public
meeting of such body, are public records under the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
'Division 7 of -Title S) as soon as distributed, and shall be made
available pursuant to Sections 6253 and 6256. However, this
section shall not include any writing exempt from public
disclosure under Section 6253.5, 6254, or
6254.7.
(b) Writings which are public records under subdivision (•a) and
which•are distributed prior to commencement of a public meeting
shall be made available for public inspection upon request•prior
to commencement•of such meeting.
(c) Writings which are public records under subdivision (a) and
which are,distributed during a public meeting and prior to
commencement of their discussion at such meeting shall be made
available for public inspection prior to commencement of, and
during, their discussion at such meeting.
(d,) Writings ,which are•pubiic records under subdivision (a) and
which are distributed during their discussion at a public meeting
.shall be made available for public inspection immediately or as
soon thereafter as is
practicable.
(e) Nothing in this section shall be construed to prevent the
legislative body of a local agency from charging ,a fee or deposit
fora copy of •a public record pursuant to Section 6257. The
writings described in subdivisions (b), (c), and (d) are subject
to the'r.equirements of the California Public Records Act (Chapter
3.5 (.commencing with Section 6250), Division 7, Title 1), and
subdivisions (b), (c),.and (d) shall not be construed to exempt
from public inspection any record covered by that act, or to limit
the p'ublic's right to inspect any record required to be disclosed
by that act. This section shall not be construed to be applicable
to any writings solely because they are properly discussed in a
closed session of a legislative body of the local agency. Nothing
in this chapter shall be construed to require a legislative body
or'a local agency to place any paid advertisement or any other
paid notice in any publication.
(f) "Wri't'ing" for purposes of thi's section means "writing" as
defined under Section 62.52.
(Amended by Stats. 1981, Ch. 968,•Sec. 32. Superseded on April
11 1994, by•amendment by Stats. 1993, Ch -. 1137.)
54957.5. (a) .Notwithstanding Section 6255 or any other
provisions of law, agendas of public meetings and any other
writings, when distributed to all, or a majority of all, of the
members of'a legislative body of a local agency by any person in
connection with a matter subject to discussion or consideration at
a public meeting of the body, are public records under the
California Public Records Act (Chapter 3.5 (commencing with
• Section 6250) of Division 7 of Title 1), and shall be made
available pursuant to Sections 6253 and 6256 without delay.
However, this section shall not include any writing exempt from .
public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writings which are public records under subdivision (a) and
which are distributed during a public meeting shall be made
available for public inspection at the meeting if prepared by the
local agency or a member of its legislative body, or after the
meeting if prepared by some other person.
(c) Nothing in this chapter shall be construed to prevent the
legislative body of a local agency from charging a fee or deposit
fora copy of a public record pursuant to Section 6257.
(d) This section shall not be construed to limit or delay the
public's right to inspect any record required to be disclosed
under the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1). Nothing in this chapter shall be construed to require a
legislative body of a local agency to place any paid advertisement
or any other paid notice in any publication.
(Amended by Stats. 1993, Ch. 1137, Sec. 14. Effective January
11 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54957.6. (a) Notwithstanding any other provision of law, a
• legislative body of a local agency may hold closed sessions with
the local agency's designated representatives regarding the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of its represented and unrepresented employees.
Closed sessions of a legislative body of a local agency, as
permitted in this section, shall be for the purpose of reviewing
its position and instructing the local agency's designated
representatives. Closed sessions,, as permitted in this section,
may take place prior to and during consultations and discussions
with representatives of employee organizations and unrepresented
employees.
For the purposes enumerated in this section, a legislative body
of a local agency may also meet with a state conciliator who has
intervened in the
proceedings.
(b) In addition to the closed sessions authorized by
subdivision (a), the legislative body, as defined by Sections
54952, 54952.2, 54952.3, and 54952.5, of a public agency, as
defined by subdivision (c) of Section 3501, may hold closed
sessions with its designated representatives on mandatory subjects
within the scope of representation of its represented employees,
as determined pursuant to Section 3504.
(Amended by Stats. 1986, Ch. 248, Sec. 97. Superseded on April
1, 1994, by amendment by Stats. 1993, Ch. 1138.)
•
54957.6. (a) Notwithstanding any other provision of law, a
legislative body of a local agency may hold closed sessions with •
the local agency's designated representatives regarding the
salaries, salary schedules, or compensation paid in the form of
fringe benefits of its represented and unrepresented employees,
and, for represented employees, any other matter within the
statutorily - provided scope of representation. 'Closed sessions of
a legislative body of a local agency, as permitted in this
section, shall be for the purpose of reviewing its position and
instructing the local agency's designated representatives. Closed
�sess,ions, as•permitted in.this section, may take place prior to
and during consultations and discussions with representatives of
employee organizations and unrepresented employees.
For the purposes enumerated in this section, a legislative body
of a local agency may also meet with a state conciliator who has
intervened in the
proceeding's.
(b) For the purposes of this section, the term "employee" shall
include an officer or an independent contractor who functions as
an officer or an employee, but shall not include any elected
official, member of a legislative body, or other independent
contractors.
Closed sessions held pursuant to this section shall not include
discussions of a local agency's available funds, funding-
priorities, or budget.
(Amended by Stats. 1993, Ch. 1138, Sec.' 8. Effective January 11
1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
54957.7. Prior to•or after holding•any closed session, the
legislative body of the local agency shall state the general
reason or reasons for the closed session, and may cite the
statutory authority,, including the specific section and
subdivision, or other legal authority under which the session is
being held. In the closed session, the legislative body may
consider only those matters covered in its statement. In the
case of special,•adjourned, and continued meetings, the statement-
shall be made as part of the notice provided for the special,
adjourned, or continued meeting. Nothing in this section shall
require or authorize the giving of names or other information
which would constitute an invasion of privacy or otherwise
unnecessarily divulge the particular facts concerning the closed
session.
(Amended by Stats. 1981, Ch. 968, Sec. 33. Superseded on
April It 1994, by amendment by Stats.. 1993, Ch. 1137.)
54957.7: (a) Prior to holding any closed session, the
legislative body of the local agency shall disclose, in an open
meeting, the item or items to be discussed in the closed session.
The disclosure may take the form of a reference to the item or
items as they are listed by number or letter on the agenda. In
the closed session, the legislative body may consider only those,
. matters covered in its statement. Nothing in this section shall
require or authorize a disclosure of information prohibited by
state or federal law. (b) After any closed session, the
legislative body shall reconvene into open session prior to
adjournment and shall make any disclosures required by Section
54957.1 of action taken in the closed session.
(c) The announcements required to be made in open session
pursuant to this section may be made at the location announced in
the agenda for the closed session, as long as the public is
allowed to be present at that location for the purpose of hearing
the announcements.
(Amended by Stats. 1993, Ch. 1137, Sec. 15. Effective January
1, 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54957.8. Nothing contained in this chapter shall be
construed to prevent the legislative body of a multijurisdictional
drug law enforcement agency, or an advisory body of a
multijurisdictional drug law enforcement agency, from holding
closed sessions to discuss the case records of any ongoing
criminal investigation of the multijurisdictional drug law
enforcement agency or of any party to the joint powers agreement,
to hear testimony from persons involved in the investigation, and
to discuss courses of action in particular cases.
• " Multijurisdictional drug law enforcement agency," for purposes
of this section, means a joint powers entity formed pursuant to
Article 1 (commencing with Section 6500) of Chapter 5 of Division
7 of Title 1, which provides drug law enforcement services for the
parties to the joint powers agreement.
The Legislature finds and declares that this section is within
the public interest, in that its provisions are necessary to
prevent the impairment of ongoing law enforcement investigations,
to protect witnesses and informants, and to permit the discussion
of effective courses of action in particular
-cases.
(Added by Stats. 1988, Ch. 55, Sec. 1.)
54957.9. In the event that any meeting is willfully
.interrupted by a group or groups of persons so as to render the
orderly conduct of such meeting unfeasible and order cannot be
restored by the removal of individuals who are willfully
interrupting the meeting, the members of the legislative body
conducting the meeting may order the meeting room cleared and
continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or
other news media, except those participating in the disturbance,
shall be allowed to attend any session held pursuant to this
section. Nothing in this section shall prohibit the legislative
body from establishing a procedurekfor readmitting an individual
or individuals not responsible for willfully disturbing the
orderly conduct of the meeting.
l
(Amended by Stats. 1981, Ch.'968, Sec. 34.) •
54958. The provisions of this chapter shall apply to the
legislative body of every local agency notwithstanding the
conflicting provisions of any other state law.
(Added by Stats. 1953, Ch. 1588.)
54959. Each member of a legislative body who attends a
meeting of such legislative body where action is taken in
violation of any provision of this chapter, with knowledge of the
fact that the meeting is in violation thereof, is guilty of a
misdemeanor.
(Added by Stats. 1961, Ch. 1671. Superseded on April 1, 1994, by
amendment by Stats. 1993,,Ch. 1137.)
54959. Each member of ,a legislative,body who attends a
meeting of that legislative body where action is taken in
violation of any provision of this chapter, with wrongful intent
to deprive the public of information to which it is entitled under
this chapter, is guilty of a misdemeanor.
,(Amended by Stats. 1993, Ch. 1137, Sec. 16. Effective January
11 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54960. Any interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of
stopping or preventing violations or threatened violations of this
chapter by members of the legislative body of•a local agency or to
determine the applicability of this chapter to actions or
threatened future action of the legislative body.
(Amended by Stats. 1969, Ch. 494. Superseded on April 11 1994,
by amendment by Stats. 1993, Ch. 1137.)
54960. (a) The district attorney or any interested person
may commence an action by mandamus, injunction or declaratory
relief for the purpose of stopping or preventing violations or
threatened violations of this chapter by members of the
legislative body of a local agency or to determine the
applicability of this chapter to actions .or threatened future
action of the legislative body, or to determine the validity under
the laws of this state or of the United States of any rule or
action by the legislative body to penalize or otherwise discourage
the expression of one or more,of its members, or to compel the
legislative body to tape record its closed sessions as hereinafter
• provided.
(b) The court in its discretion may, upon a judgment of a
violation of Section 54956.7, 54956.8, 54956.9, 54956.95, 54957,
or 54957.6, order the legislative body to tape record its closed
sessions and preserve the tape recordings for the period and under
the terms of security and confidentiality the court deems
appropriate.
(c) (1) Each recording so kept shall be immediately labeled
with the date of the closed session recorded and the title of the
clerk or other officer who shall be custodian of the recording.
(2) The tapes shall be subject to the following discovery
procedures:
(A) In any case in which discovery or disclosure of the tape is
sought by either the district attorney or the plaintiff in a civil
action pursuant to Section 54959, 54960, or 54960.1 alleging that
a violation of this chapter has occurred in a closed session which
has been recorded pursuant to this section, the party seeking
discovery or disclosure shall file a written notice of motion with
the appropriate court with notice to the governmental agency which
has custody and control of the tape recording. The notice shall
be given pursuant to subdivision (b) of Section 1005 of the Code
of Civil Procedure.
(B) The notice shall include, in addition to the items required
'by Section 1010 of the Code of Civil Procedure, all of the
• following:
(i) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure,
the date and time of the meeting recorded, and the governmental
agency which has custody and control of the recording.
(ii) An affidavit which contains specific facts indicating that
a violation of the act occurred in the closed session.
(3) If the court, following a review of the motion, finds that
there is good cause to believe that a violation has occurred, the
court may review, in camera, the recording of that portion of the
closed session alleged to have violated the act.
(4) If, following the in camera review, the court concludes
that disclosure of a portion of the recording would be likely to
materially assist in the resolution of the litigation alleging
violation of this chapter, the court shall, in its discretion,
make a certified transcript of the portion of the recording a
public exhibit in the proceeding.
(5) Nothing in this section shall permit discovery of
communications which are protected by the attorney - client
privilege.
(Amended by Stats. 1993, Ch. 1137, Sec. 17. Effective January
It 1994. Operative April 1, 1994, by Sec. 23 of Ch. 1137.)
54960:.1. (a) Any interested person may commence an action
• by mandamus or injunction for the purpose of obtaining a judicial
determination that an action taken by a legislative body of a
local agency in violation of Section 54953, 54954.2, 54954.6, or
54956 is null and void under this section.
Nothing in this chapter shall be construed to prevent a
legislative body from curing• or correcting an action challenged
pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision
(a), the interested person shall make a demand of the legislative
body to cure or correct the action alleged to have been taken in
violation of Section 54953, 54954..2, 54954.,6, or 54956. The
demand shall be in writing and clearly describe the challenged
action of the legislative body,and nature of the alleged
violation.
The written demand shall be made within 30 days from the date
the action was taken. Within 30 days of receipt of the demand,
the legislative body shall cure or correct the challenged action
,and inform the demanding party in writing of its actions to cure
or correct or inform the demanding•party in writing of its
decision not to 'cure or correct the challenged action. If the
legislative body takes no action within the 30 -day period, the
inaction shall be deemed a•,decision not to cure or correct the
challenged action, and the 15 -day period to commence the action
described in subdivision (a)' shall commence to run the day after
the 3'0 -day period to cure or correct expires. Within 15 days of
receipt of the written notice of the legislative body's decision
to cure or correct, the expiration of'the 3'0 -day period to cure or
correct, or not to cure or correct, within 15 days of or within 75
days from the date the challenged action was taken, whichever is
earlier, the demanding party shall be required to commence the .
action pursuant to subdivision (a) or thereafter be barred from
commencing the action.
(,c) An -action taken that is alleged to have been taken in
violation of Sections 54953, 54954.21 54954.6, and 54956 shall not
be determined to be null and void if any of the following
conditions exist:
(1) The action taken was in substantial compliance with
Sections 54953, 54954.2, 549.54•.•6, and •54956.'
(2) The action taken was in connection with the sale or
issuance of notes, bonds,, or other evidences of indebtedness or
any contract, instrument, or agreement thereto.
(3,) The action taken gave rise to a contractual obligation,
including a contract let by competitive bid, upon which a party
has, in good faith, detrimentally relied.
(4) The action taken was in connection with the collection of
any tax.
(d) During any action seeking a judicial determination pursuant
to subdivision (a) if the court determines, pursuant to a showing
by the Legislative body that an action alleged to•have been taken
in violation of Section 54953, 54954.2, 54954.6, or 54956 has been
cured or corrected by a. subsequent action•of the legislative body,
the action filed pursuant to subdivision (a) shall be dismissed
with prejudice.
(e) The fact that a Legislative body takes a subsequent action
to cure or correct an action takentipursuant to this section shall •
not be construed or admissible as evidence of a violation of this
chapter.
• (Amended by Stats. 1992, Ch. 1234, Sec. 3. • Effective January 1,
1993. Superseded on April 1, 1994, by amendment by Stats. 1993,
Ch. 1137.)
54960.1. (a) The district attorney or any interested person
may commence an action by mandamus or injunction for the purpose
of obtaining a judicial determination that an action taken by a
legislative body of a local agency in violation of Section 54953,
54954.2, 54954.5, 54954.6, or 54956 is null and void under this
section. Nothing in this chapter shall be construed to prevent a
legislative body from curing or correcting an action challenged
pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision
(a), the district attorney or interested person shall make a
demand of the legislative body to cure or correct the action
alleged to have been taken in violation of Section 54953, 54954.2,
54954.5, 54954.6, or 54956. The demand shall be in writing and
clearly describe the challenged action of the legislative body and
nature of the alleged violation.
The written demand shall be made within 90 days from the date
the action was taken unless the action was taken in an open
session but in violation of Section 54954.2, in which case the
written demand shall be made within 30 days from the date the
• action was taken. Within 30 days of receipt of the demand, the
legislative body shall cure or correct the challenged action and
inform the demanding party in writing of its actions to cure or
correct or inform the demanding party in writing of its decision
not to cure or correct the challenged action. If the legislative
body takes no action within the 30 -day period, the inaction shall
be deemed a decision not to cure or correct the challenged action,
and the 15 -day period to commence the action described in
subdivision (a) shall commence to run the day after the 30 -day
period to cure or correct expires. Within 15 days of receipt of
the written notice of the legislative body's decision to cure or
correct, or not to cure or correct, or within 15 days of the
expiration of the 30 -day period to cure or correct, whichever is
earlier, the demanding party shall be required to commence the
action pursuant to subdivision (a) or thereafter be barred from
commencing the
action.
(c) An action taken that is alleged to have been taken in
violation of Sections 54953, 54954.21 54954.5, 54954.6, and 54956
shall not be determined to be null and void if any of the
following conditions exist:
(1) The action taken was in substantial compliance with .
Sections 54953, 54954.2, 54954.5, 54954.6, and 54956.
(2) The action taken was in connection with the sale or
issuance of notes, bonds, or other evidences of indebtedness or
any contract, instrument, or agreement thereto.
• (3) The action taken gave rise to a contractual obligation,
including a contract let by competitive bid other than
compensation for services in the form of salary or fees for
.r
professional services, upon which a party has, in good faith and •
without notice of a challenge to the validity of the action,
detrimentally relied.
(4,) The action taken was in connection with the collection of
any tax.
(5) Any person, city, city and county, county, district, or any
agency or 'subdivision of the state alleging, noncompliance with
subdivision (a) of Section 54954.2, Section 54956, or Section
54956.5 because of any defect, error, irregularity, or omission in
the notice given pursuant to those provisions had actual notice of
the item of business at least 72 hours prior to the meeting at
which the action was taken if the meeting was noticed pursuant to
Section 54954.21 or 24 hours prior to the meeting at which the
action was taken if the meeting was noticed pursuant to Section
54956, or prior to the meeting at which the action was taken if
the meeting is held pursuant to Section 54956.5.
(d) During any action seeking a judicial determination pursuant
to subdivision (a), if the court determines, pursuant to a showing
by the legislative body that an action alleged to have been taken
in violation,of Section 54953, 54954..2, 54954.5, 54954.6, or 54956
has been cured or corrected'by a subsequent action of the
legislative body, the action filed pursuant to subdivision (a)
shall be, dismissed with - prejudice.
(e) The fact that a legislative body takes a subsequent action
to cure or correct an action taken pursuant to this section shall
not be construed or admissible as evidence of a violation of this
chapter. •
(Amended by Stats. 1993, Ch. 11371 Sec. 18. Effective January
It 1994. Operative April 1, 19,94, by Sec. 23 of Ch. 1137.))
54960.5.. A court may award court costs and reasonable
attorney fees to the plaintiff in an action brought pursuant to
Section 54960 or 54960.1 where it is found that a legislative body
of the local agency has violated this chapter. The costs and fees
shall be paid by the local agency and shall not become a personal
liability of any public officer or employee of the local
agency..
A court may award court costs and reasonable attorney fees to a
defendant in any action brought pursuant to Section 54960 or
54960.1 where the defendant has prevailed in a final determination
of such action and the court finds that the action was clearly
frivolous and 'totally lacking in merit.
(Amended by Stats. 1986, Ch. 641, Sec. 10.)
54961. No local agency shall conduct any meeting,
conference; or other function in,any facility that prohibits the
admittance of any person, or .persons, on the basis of race,
religious creed, color, national origin, ancestry, or sex. This .
section shall apply to every local agency as defined in Section
54951, 54951.1, or 54951.7.
.,o
• (Amended by Stats. 1981, Ch. 968, Sec. 36. Superseded on
April 1, 1994, by amendment by Stats. 1993, Ch. 1138.)
54961. 'No legislative body of a local agency shall conduct
any meeting in any facility that prohibits the admittance of any
person, or persons, on the basis of race, religious creed, color,
national origin, ancestry, or sex, or which is inaccessible to
disabled persons, or where members of the public may not be
present without making a payment or purchase. This section shall
apply to every local agency as defined in Section 54951.
(Amended by Stats. 1993, Ch. 1138, Sec. 9. Effective January 1,
1994. Operative April 1, 1994, by Sec. 12 of Ch. 1138.)
54962. Except as expressly authorized by this chapter, or
by Sections 32106 and 32155 of the Health and Safety Code as they
apply to hospital districts, no closed session may be held by any
legislative body of any local agency.
(Amended by Stats. 1988, Ch. 1346, Sec. 1. Effective September
26, 1988.
Superseded on April 1, 1994, by amendment by Stats. 1993, Ch.
• 1138.)
•
k
Al
C 1 1 Y OF NEWPORT BEACH No. Item
I.II
Parks, Beaches & Recreation commission
m March 1, 1994
• Flo ���s �6� o�GaoX Citv Council Chambers 7 p.m. INDEX
Call to
Order
Roll Call
City Manager -
Overview of
City Budget
for 1994/95
Staff Present: LaDonna Kienitz, Community
Services Director
David E. Niederhaus, General
Services Director
Marcelino Lomeli, Park and
Tree Maintenance
Superintendent
Nancy Beard, Recreation
Superintendent
Dottie Flohr, Secretary
I. PROCEDURAL MATTERS
Item #1 - Call to order
The meeting of the Parks, Beaches and
Recreation Commission was called to order at
7:00 P.M.
Item #2 - Roll Call
Roll call was taken. Commissioners Compton,
Demmer, Glasgow, Grant, Herberts, Schonlau and
.
Vandervort were present.
Item #3 - City Manager - overview of City
Budget for 1994/95
Kevin Murphy, City Manager, addressed the
Commission and introduced Dennis Danner, the
City's Finance Director. Mr. Murphy explained `
the budget process which begins each fall and
is based upon forecasts and assumptions. The
forecast for the 1994/95 fiscal year
anticipates a $3 million gap between revenues
and expenditures. To fill this shortfall,
Department Directors were requested to submit
their individual operating budgets 4.5% lower
than 1993 -94 levels. Should the State take an
additional $2 million, Directors were asked to
submit reductions totaling 7.5 %. It is the
intent that these reductions will avoid the
appearance of punishing the public, however,
it will be difficult not to affect service at
the 7.5% reduction level. Each Director has
been asked to minimize impacts on the front
line services and research privatizing and
consolidating services between and within
departments and other cities.
Mr. Murphy explained that the new Central
Library, which will open this summer, will be
an incredible facility and the finest on the
West Coast, however, it will add an additional
•
annual operating cost of $715,000. There will
be a $200,000 savings next year from
consolidating the Parks, Beaches and
Recreation Department and the Library and
privatizing tree trimming. The early
retirements in 1993 -94 cost $800,000 for 18
�
i
people, but will result in a savings of over
I
Call to
Order
Roll Call
City Manager -
Overview of
City Budget
for 1994/95
C 1 TY OF
Parks, Beaches
J' d�
• ��o. 93d�ds� � (ham e� �co O�
�'� , �� ice• 1
&Recreation Commission
March 1, 1994
Page 2
City Council Chambers 7 p.m. INDEX
$1 million in 1994 -95.
Mr. Murphy reported it is important to
understand major revenue sources, the two most
important being the property tax and sales
tax. It is anticipated there will be a 3%
increase in the sales tax after being down 19%
during the 1991 -92 and 1992 -93 period.
Assumptions are also made that the sales of
the properties at 4210 River Avenue, the Fire
Station on Marine'Avenue, and the West Newport
Library will bring in over $1 million. It is
further anticipated that the increase in the
Beacon Bay lease will provide $550,000 and
there may also be rent increases at
Marinapark.
Mr. Murphy reviewed the Capital Improvement
Projects over the past four years which has
resulted in a 35% decline. This money is
prioritized for safety and liability groups.
No new taxes or fees are anticipated.
Mr. Murphy pointed out that two years ago the
•
budget was reduced $2 million by the State
shifting the funds to the schools. Last year
they transferred $1.3 million for the same
purpose.
Mr. Murphy explained the proposed personnel
reductions and the M &O expenditures, 96% of
which are fixed.
In response to questions from Commissioner
Glasgow, Mr. Murphy explained that the City's
budget was $112 million four years ago and
this year it is $90 million. This will
undoubtedly have an affect on park
maintenance, however, we will do the best we
can.
Mr. Murphy stated his purpose is to educate
not only the Council, Boards and Commissions,
but also to inform the public. There will be
a community newsletter transmitted to clarify
these important budget issues.
In response to a question from Commissioner
Vandervort, Mr. Murphy explained that 45% of
the total budget is for the Police and Fire
Departments.
Mr. Murphy pointed out that we are one of the
•
only cities that does not charge for refuse
operations which cost $3 million annually; it
is also expected that landfill fees will rise.
The City's costs for refuse will most likely
be addressed in the near future.
In response to a question from Commissioner
i
�
i
Schonlau regarding privatizing the rest of the
Motion
Imes
•
Parks. Beaches
Cdr h �h6c9
%l A O
r
t�• s 4.
& Recreation Commission
March 1, 1994
Page 3
City Council Chambers 7 p.m
INDEX
Approval of
Minutes
Communications
Park and
Street Tree
Division
tree crew, Mr. Murphy explained that most
cities keep a small crew since emergencies and
call backs are very expensive. Director
Niederhaus added that there have been no
complaints and productivity has been very
successful since West Coast Arborists were
hired to do the tree trimming.
chair Grant inquired if commercial events and
other sources of revenue should be pursued.
Mr. Murphy explained that any parking problems
would have to be addressed, however,
Commissions can conduct fundraisers provided
they are well organized, have a high profile
base and are approved by the City Council.
On behalf of the Commission, Chair Grant
thanked Mr. Murphy for his presentation.
Item #4 - Approval of Minutes - Meeting of
February 1, 1994
X
Commissioner Glasgow motioned the minutes be
X
X
X
X
X
X
X
approved as presented. Unanimous.
At Commissioner Compton's request, Chair Grant
announced that Newport Elementary School would
be added as a discussion item should it not be
.addressed during Public comments.
Item #5 - Communications
Director Kienitz referred to the request and
response concerning the parking site at
Marguerite and 5th Avenue and stated this
correspondence is submitted for the
Commission's information.
II. INFORMATIONAL AND COMMITTEE REPORTS
Item #6 - Park and Street Tree Division
Marcy Lomeli updated the Tree Division portion
of the report submitted as follows: "In the
month of February, 1,364 trees were trimmed
(1,250 by West Coast Arborists, 114 by City
staff); 82 trees were planted; 25 trees were
removed....." He also corrected the number of
tree plantings from 60 to 82.
Mr. Lomeli presented a progress report
prepared by West Coast Arborists. He then
highlighted the first two months of the tree
maintenance contract, during which time 1,906
city trees have been trimmed; data has been
provided for the tree inventory with work
`
records for each tree maintained; and they
jI
have recycled 187 tons of greenwaste produced
from trimming operations.
Commissioner Vandervort questioned if the
•
I
�
t
public or service organization could pick up
INDEX
Approval of
Minutes
Communications
Park and
Street Tree
Division
CITY OF NEWPORT BEACH
Parks Beaches & Recreation commission
s �
• o �i �� m
o
•
March 1, 1994
Page 4
City Council Chambers 7 D.m
INDEX
Recreation
Division
Recreation
Program
Committee
Park and
Open Space
Committee
Budget
Committee
Tree
Committee
Oasis Liaison
greenery for their own use. Mr. Lomeli stated
this should not be a problem and that those
interested should contact the Urban Forester.
Director Niederhaus also pointed out that over
the years the City has, upon request, provided
palm fronds for Easter services.
Mr. Lomeli announced that proposals have been
finalized and two contractors will be
recommended for the deep aeration and soil
amending program in March at Lincoln athletic
fields.
Item #7 - Recreation Division
Nancy Beard commented that the memorandum on
North Star Beach is for the Commission's
information. Chair Grant reported Frank
Robinson contacted him and he will be making
recommendations for site improvements.
Item #8 - Recreation Program Committee
Chair Grant reported the committee met and
discussed budget constraints as they pertain
to user groups.
Nancy Beard advised that the pool users will
meet the end of March; and that since the
fields have been scheduled through summer, the
youth sports commissioners will not meet again
until August.
Item #9 - Park and Open Space Committee
Commissioner Vandervort stated she attended
the CPRS .Conference in February and will
present her report under Discussion Items.
Item #10 - Budget Committee
Director Niederhaus reported he will
participate and provide the General Services
budget information at the next Budget
Committee meeting.
Item #11 - Tree Committee
Commissioner Herberts reported she attended a
seminar hosted by Alex Shigo, tree expert at
the Landscape Industry Show in Long Beach with
Marcy Lomeli and John Conway. She stated she
found the show very informative.
Item #12 - Oasis Liaison
No report.
III. PUBLIC COMMENTS
Mr. Shawn Thayer, 477 Prospect Street,
INDEX
Recreation
Division
Recreation
Program
Committee
Park and
Open Space
Committee
Budget
Committee
Tree
Committee
Oasis Liaison
Parks, Beaches &'Recreation Commission
. 9 w� March 1, 1994
Page 5
City Council Chambers 7 p.m. INDEX
addressed the Commission and thanked them for
approving the volleyball courts adjacent to
Newport Elementary School.
Mr. Thayer referred to the athletic field
grass area at Newport Elementary School which
is in need of renovation. He has already met
with Marcy Lomeli, Commissioner Compton and
the school district on this subject. Through
fundraising, the PTA and private donations, he
felt there would be enough funds to renovate
the grass; the school district would provide
the water system; and they would request that
the City provide grading equipment and labor
so that a park like atmosphere can be created
and enjoyed by the entire community.
Mr. Thayer anticipated there would be two
phases to this project. The first phase would
be to completely renovate the field area. The
second phase would be to construct a low wall
of approximately 18" around 3 sides of the
field to function as a burm to protect the sod
from blowing sand. The only objection to the
wall would be neighbors, however, they would
•
be willing to go through all the involved
agencies to obtain approvals for the wall.
Chair Grant advised that this matter cannot be
an action item at this meeting, however, it
can be agendized as such with a public hearing
for recommendation to the City Council.
Director Niederhaus pointed out that even
minor grading along the beach requires
approved permits. Furthermore, the entire
site is owned by the City and is subject to a
50 year lease agreement approved by the City
Council in 1960.
Commissioner Compton explained that the grassy
area is the only site affected. It would cost
$56,000 - $70,000 to renovate the area including
the proposed wall, however, it is the general
consensus that the grass would not last due to
the blowing sand. According to the lease, the
school can make improvements with approvals
from the City and all required agencies.
Chair Grant informed Mr. Thayer that this
Commission has historically supported joint
venture projects and that this matter can be
agendized for review at their next April
meeting.
•
IV. ACTION ITEMS
Item #13 - Arts Commission Proposal
Arts
Motion
X
Commissioner Herberts moved that the subject
,Comrhission
Ayes
X
X
X
X
X
X
X
sculpture be stored until a perfect location
Proposal
I
�
i
can be found. Unanimous.
Parks. Beaches
y c dha
'fo ms
9 Ws 6� 4J
& Recreation Commission
March 1, 1994
Page 6
City Council Chambers 7 p.m.
INDEX
Motion
Ayes
X
X
X
X
X
s
X
X
X
Item #14 - Bench Donations
Director Niederhaus reported there are two
bench donations before the Commission for
approval, one at "L" Street Park and the other
along Ocean Boulevard in Corona del Mar.
Director Niederhaus added that the Department
looks forward to receiving such donations and
that respective plaques will be provided and
installed per City policy.
Commissioner Compton motioned to approve the
two bench donations. Unanimous.
Chair Grant recommended the Daily Pilot be
notified of these and any future donations.
Director Niederhaus agreed and will comply.
Item #15 - Council Policy G -1, Retention or
ench
onatio
Council
G -1
Removal of Park and Parkway Trees
During discussion, Commissioner Herberts made
the following recommendations to the proposed
G -1 policy as submitted:
•
Page 1, Item 3, to read... "Have contiguous
property owners be desirous of retaining the
tree if special treatment other than standard
sidewalk and curb repair is necessary to
retain it."
Page 2, Item 1: Delete "However, the Committee
members shall not contact either personally or
in writing individuals who live adjacent or
near any tree recommended for removal."
Attachment 1 - Neighborhood Trees: Following
Candlestick Lane, etc. (Baycrest), add the
following streets: Commodore, Starlight,
Glenwood and Sandalwood.
Motion
X
Commissioner Compton moved to accept Policy G-
Ayes
X
X
X
X
X
X
X
1 as corrected. Unanimous.
V. DISCUSSION ITEMS
Item #16 - Review of Commission Goals
Review
CommisE
Director Kienitz explained that, although the
Goals
Community Services Department's goals are
separate from the Commission's, her personal
goal is to begin gathering the technical data
in preparation for the development of the
Recreation and Open Space Element of the
•
General Plan by the Planning Department. As
further information, the Task Force Committee
Members are currently working on a Mission
Statement and unifying features of the new
department.
Chair Grant suggested the Commission's Mission
I
�
and Goals and Objectives be reviewed again as
'
ns
Policy
of
ion
;:.
Parks, Beaches & Recreation Commission
w
a March 1, 1994
• 3�0. ������� At�o�ch
IPA 0n 7
City Council Chambers 7 p.m. INOEX
a discussion item at their April meeting.
Commissioner Vandervort concurred and pointed
out the report does not need to be finalized
until July 1, 1994.
ore /Loral
Item #17 - Ford /Loral Development
evelopment
Nancy Beard corrected the last sentence of
paragraph 2 in the subject report to state
that ... "five acres of land for every 1, d00
persons, or $6,894 per dwelling unit." Ms.
Beard advised that the report submitted
explains what may occur as a result of the
potential development of the Ford /Loral
property.
Chair Grant opened the meeting to public
hearing and John Douglas, Principal Planner,
addressed the Commission. Mr. Douglas
explained that the Recreation and Open Space
Element does not call for any additional
parcels in the development area and, with the
Commission's approval, in lieu fees will be
accepted. The development would be comprised
of up to 500 homes generating about $3.4
•
million of in lieu fees. In lieu fees can be
used for land acquisition, improvements and /or
rehabilitation of existing parkland.
Director Kienitz reported that an In Lieu Fee
Policy is being drafted. The policy will
detail the criteria for expenditures of in
lieu fees.
Chair Grant stated his approval of the in lieu
fees as opposed to the land dedication if it
were found that the in lieu fees were
available for City wide park development. If
the funds are found to be available only in
the zone in which they are collected, he would
prefer the land dedication in substitution of
the in lieu fees.
Commissioner Schonlau stated he felt there is
a need for either allowing money to be spent
in other zones or readjusting the zone
boundaries. Commissioners Glasgow and Compton
voiced their support for accepting in lieu
fees from the Ford /Loral development.
aItem
#18 - The Brown Act
The Brown
Act
Commissioner Vandervort summarized the history
and revisions to the Brown Act. It is
•
important to know that effective April 1, all
meetings, including those at committee level,
must be posted 72 hours in advance, minutes
taken and mailed to anyone requesting them.
Director Kienitz explained that the City
I
�
Attorney will be providing information on the
Parks. Beaches & Recreation Commission
• s °'� March 1, 1994
Page 8
City Council Chambers 7 p.m. INDEX
Brown Act and this will be transmitted to the
Commission.
VI. EMERGENCY ITEMS
VII. ADJOURNMENT
There being no further business, the Parks,
Beaches and Recreation Commission adjourned at
9:45 P.M.
The agenda for this meeting was posted on
February 22, 1994 at 11:00 A.M. outside the
City Hall Administration Building.
•
i
Item IV
• GENERAL SERVICES DEPARTMENT
U
•
Date: March 24, 1994
To: Community Services Director /City Librarian
From: General Services Director
Subject: TREE CITY USA AWARD
Please include in the agenda of the April meeting of the
Parks, Beaches and Recreation Commission the presentation of the
Tree City USA, Award. This award will be presented to the
Commission by Ms. Linda J. Romero, Urban Forester of the State of
California, Department of Forestry and Fire Protection.
Thank you for your cooperation in this matter.
Ip
Sincerely,
David E. Niederhaus
Item VII 1
. CITY OF NEWPORT BEACH
PARKS, BEACHES AND RECREATION COMMISSION
I. Mission
Provide leadership and advisory recommendations related to
leisure services. To advise in the policies and long range
planning for the preservation, improvement and use of open
space, recreational trails, scenic roadways, parks, park
facilities and recreation programs.
II. Responsibilities of Commission
1. To advise the Council on matters of budget,
planning, parks,, parkway trees and recreation
programs, and establish acquisition policies
for development and improvement of facilities.
2. Encourage the facilities to be used to
capacity when demand exists.
III. Goals of Commission
1. Use subcommittee to interact with the public
on specific issues and formulate
•' recommendations to Commission.
2. Create a meaningful agenda for our joint
meetings with the City Council.
3. Encourage a positive working relationship
between the School District and the City at
all levels.
4. Be available to City Council for advice when
asked.
5. Assist in a smooth transition to a new depart-
mental reporting process.
IV. Objectives of Commission
1. Review procedure for implementing Parks,
Beaches and Recreation expertise into facility
planning process given the new departmental
reporting procedures.
2. Annual meeting with Costa Mesa.
0
• COMMITTEES
I. Recreation Program Chair
Goals:
1. Monitor and work with Recreation Division
regarding scheduling and recreation programs.
2. Review all new proposed recreation classes
prior to publication of the quarterly brochure.
Submit the Commission Chair's article for
each recreation brochure prior to its publication.
3. Explore all possibilities for revenue enhancements.
Objectives:
1. Review usage of two pools to ensure maximum
usage.
II. Tree Committee
Mission:
• Continue to provide and encourage an atmosphere and
method to enhance the overall tree environment in the
City of Newport Beach.
Goals:
1. Improve communication with Newport Beach
citizens as related to tree matters.
2. Ensure preservation of trees when possible.
3. Plant trees where needed.
4. Cooperate with community associations in their
efforts to beautify their parkways.
5. Award or give recognition for particularly
beautiful use of trees.
6. Continue review of designated street scapes.
7. Continue to recommend and support staff in
their efforts to preserve existing trees,
i.e., root pruning, root barriers, pruning for
safety, etc.
• 8. Encourage staff to try new pilot programs, for
instance, for growth retardant of Ficus nitida
l `�
• trees by use of "Clipper" or "Maintain" after
trimming.
9. Replace trees in timely manner when removed.
10. Every home should have a tree in front of it.
Objectives:
1. Continue to secure signed agreement from
adjacent property owner for acceptance and
care of new tree when removal and replacement
are recommended.
2. Develop awards program for beautification to
city street trees.
3. Encourage community associations help in
promoting a "Tree Per Lot" program to re-
establish streetscapes.
III Park and Open Space Committee
Mission:
• Review the Recreation and Open Space Element of the
General Plan to evaluate current needs assessment; review
site plans for park development; review park facility
plans for implementation; assist staff in maintenance
recommendations of park and park facilities.
Objectives:
1. Complete annual review of parks and park
facilities by 1994.
a. Each Commissioner will be delegated
park and facility inspection
assignments to report to the Park
and Open Space Committee. Committee
will review with staff and report to
the Commission by February, 1994.
2. Review preliminary design ideas, review plans
and conduct citizen committee meetings for
newly acquired park, park facilities and open
space.
a. Park
Irvi
• b. Each
Ride
C. Hoag
and Open Space Dedication
ze Co.
Commissioner will have one
Along.
Hospital Wetland Mitigation
•
ry
d. Hoag Hosptial Semeniuk Slough
.
Improvement
3.
Assess the need for recreation facilities for
youth and adult programs.
4.
Update Recreation and Open Space Element of the
General Plan.
IV. Oasis Liaison
Goals and Objectives:
1
Report to the Commission information pertaining
to the Senior Center.
2.
Inform the Commission of the needs of senior
citizens at the Center.
3.
Report to the Commission information pertaining
to the Senior Center.
V. Budget
Committee
Objectives:
1.
Provide assistance to Department Heads as
requested.
2.
Prioritize capital needs as money is made
available.
•
ry
Item VII 2
Shawn Thayer
Newport Beach Elementary Parent
March 23, 1994
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
Attn: (Taylor Grant Phillip Glasgow, Pete Compton, Gale Demmer, Virginia
H'erberts, Bill Schonlau & Jo Van Der Vort.
Subject: Formal request to address the commission about the Newport
Elementary Playground restoration.
Dear Members of the Commission,
Thank you for the time and courtesies that you have extended to us on the
issue of the restoration of the Newport Elementary School playground . It
is our desire to formally approach the City of Newport Beach on April 5th
to proceed with the restoration of the grass area that the school has on
the beach side between 13th & 14th street on the peninsula.
There are two distinctly different projects that we are addressing.
• The restoration of the existing grass area.
- Remove excess sand and level field
- Restore or replace sprinkler system
- Re -sod
• The installation of the berm or wall to create a barrier for the blowing
sand.
• We have had several meetings with the various departments of the City of
Newport and the Newport Mesa School system and have agreed that the
2�
• project can be accomplished with the following parameters:
• That Newport Elementary would raise the funding necessary to
accomplish the task. (This has already been accomplished for the first
phase of this project).
• That the School District would supply the equipment and necessary fund
to resurrect the sprinkler system.
• That the City of Newport could possibly supply the equipment and man
power to complete the project.
It is our intention to create a park like atmosphere to this area and to
eliminate an eyesore and possibly dangerous play area. We feel very
strongly that with the City of Newport's help and the motivation that the
parents and community is giving that this can be accomplished within the
next couple of months.
We are also very aware of the additional plans to add a berm or wall will'
• require special permits and approvals from the city and coastal
commission and those will be accomplished during the next few months.
I would like to that all of you for the continued support you have given us
and look forward to meeting with you at the next meeting.
Sincerely,
awn Thayer
cc: Dr. William Knight
2Z
E
s-
CITY OF NEWPORT BEACH
P.O. BOX 1768,- NEWPORT BEACH, CA 92659 -1768
Mr. Bill Knight, Principal
Newport Elementary School
1327 W. Balboa Blvd.
Newport Beach, CA 92661
Dear Mr. Knight,
March 17, 1994
My letter of February 28, 1994 provided an interim response to your inquiry
on City assistance dated February 11 to renovate the grass field adjacent to
the school.
During the past two weeks I have solicited input from the various City
departments in regards to the project. The following summarizes their
comments:
• a. Coastal Commission Permit - Definitely required as confirmed by
informal discussion with Commission staff. However, as long as the
project does not result in an expansion of the play area nor obstruct
beach access, a permit can probably be obtained.
b. City Building and Grading Permits - Permits would be necessary for
the construction of the proposed approximately seven foot high wall
(approximately 4 feet of retaining wall with a required 3 1/2 foot high
guardrail with 4" intermediate railings or fence on top). Backfills of the
wall and of the imported fills placed on the lawn area should be properly
compacted and tested to prevent undue settlement and drainage
problems.
c. Possible Resultant Complications - The proposed grading will create a
depressed area on the leeward side of the retaining wall. A significant
buildup of wind blown sand can be expected in the new play area
adjacent to the landward side of the wall. The end result will include
increased maintenance costs and difficulty in maintaining a lawn. The
present sand' migration problem across the existing lawn will be replaced
by a condition when the sand will be deposited behind the wall and
where on -shore winds will not be able to pick it up again.
Construction of the proposed retaining wall will require a fence or
guardrail when the retaining wall exceeds 30" in height above the
•
"L�
3300 Newport Boulevard, Newport Beach
adjacent grade per Section 1712 of the UBC. This guardrail would
extend a minimum of 42 inches above the existing asphalt play surface.
Such a structure will increase public liability as children will find this
wall and hand, railing attractive to climb on. In addition, the wall and
railing will obstruct ocean views and will no doubt generate
neighborhood complaints. Of course, there is the option of using glass or
plastic to maintain views, but this will add to the cost.
d. Other concerns - A barrier wall adjacent to a children's play area
poses a significant liability problem. Either a fence or a type of "soft
surface" would' be necessary on top of the wall. Further, a "hold'
harmless" agreement would also have to be executed to protect the City.
e. Construction Debris - As per your plan, over 300 cubic yards of sand
would have to be removed from the location. Since this material can
probably not be deposited on the beach due to inherent debris, it would
have to be transported at significant expense to a fill or disposal site.
Further, City resources (labor and equipment) are not available in the
present economic situation for specialized projects. This Department
alone has lost over twenty seven employees or 16% of our work force in
the past two years. We simply do not have the personnel resources to
assist in the construction phase of this endeavor.
Our recommendation is to consider a scaled down plan that would retain the
present contour by minor grading of the top layer of debris, replacing with a
soil amendment to grade level, refurbishing the sprinkler system, and either
sodding or seeding the area. The expected life span of the area, before use
and erosion would again degrade the area to its present condition, is five to
seven years. This could be extended with additional landscaping
maintenance.
Upon your commitment to this project, the City will provide staff to assist
with permit requirements and technical advice. Please call me if you have
further questions.
Sincerely,
David E. Niederhaus, Director
General Services Department
DEN /pp
40 D_
TO
NEWPORT - MESA.* Unified School District
1327 W. Balboa Blvd. Newport Beach, CA 92661 (714) 760 -3454
Dr. Mac Bernd, Superintendent
Mr. David Niederhaus
Community Services Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
February 11, 1994
Dear Mr. Niederhaus:
• We are writing to request your assistance in renovating the
field /grass area located at Newport Elementary School. This field
is heavily utilized not only by 'the children during the school
day, but after school by-our City Parks and Recreation Department,
and by community members in the evenings, weekends and summer
months. As a result of the heavy use and inability to keep sand
from blowing onto the grass over the years, the field has
deteriorated to an almost unusable state. There is very little
grass, the battle to keep the sprinkers free of sand has
essentially been lost., and it is rough and full of ankle twisting
holes,
It is time for renovation and beautification of what has become an
eyesore in our community. We would like to transform this area
from a ragged, pockmarked space into one with a park like
atmosphere which our entire community could be proud of and enjoy.
Our student council, staff and P.T.A. want to restore the field in
two stages, First,, we would like to completely renovate the field
by taking away the old sod, regrading the field, hauling away the
excess buildup of sand and replacing it with appropriate material
for resodding, refurbish /replace the sprinkling system, and resod
the field, Second, we want to construct a low wall around three
sides of the field which would function as a burm to protect the
sod from the buildup of sand blowing on the refurbished field and
• make the maintenance process easier \more effective.
c ; ki
„ w
Pace
In a meeting held on Tuesday, February 8th, the feasibility of the
project was discussed by representatives from both the City of
Newport Beach and the Newport -Mesa Unified School District. Those
in attendance at the meeting included:
From the City of Newport Beach
Marcv Lomeli
Randy Kearns
Pete Compton
From the Newport -Mesa Unified School District
Carol Stocker (Director of Management Support Services)
Don Minard (Director of Maintenance and Operations)
Tom Godley (Assistant Superintendent of Business)
Bill Knight (Principal, Newport Elementary School)
Kurt Thayer (Newport Elementary Student Body President)
Shawn Thayer (Community resident /Chairman of Committee for
School Beautification)
The P.T.A. has already pledged $10,000 to initiate this project
and a committee has been established to raise the additional money
'needed to complete it in the best manner possible. We are not
requesting a monetary donation from the City of Newport Beach, but
do request your support and other kinds of assistance that the
City could possibly provide.
Thank you for your consideration of this request. We believe
successful completion of this project will benefit not only the
school children but our entire oommunity by providing a superior
park like area for everyone.
Sincerely,
7Z
Kurt Thayer, Student ody President
i
Bill nig t, Newport Elementary Principal
cc: Nancy Beard
Marcy Lomeli
Randy Kearns
Pete Compton
•
I'
0eoch Grat%
NEWPORT-MESA Unified School District
1327 W. Balboa Blvd.
Qp.
1Q
qnn /versary�a9�
Ms.Ladonna Krenitz
Community Services Director
City of Newport Beach
3300 Newport Blvd.
Newport Beach, CA 92658
February 11, 1994
Newport Beach, CA 92661 (714) 760 -3454
Dr. Mac Bernd, Superintendent
REGEnr
FEB 111994
COMMUNITY SERVICES
Dear Ms. Krenitz:
• We are writina to request your assistance in renovating the
field /grass area located at Newport Elementary School. This field
is heavily utilized not only by the children during the school
day, but after school by our City Parks and Recreation Department,
and by community members in the evenings, weekends and summer
months. As a result of the heavy use and inability to keep sand
from blowing onto the grass over the years, the field has
deteriorated to an almost unusable state.. There is very little
grass, the battle to keep the sprinkers free of sand has
essentially been lost, and it is rough and full of ankle twisting
holes.
It is time for renovation and beautification of what has become an
eyesore in our community. We would like to transform this area
from a ragged, pockmarked space into one with a park like
atmosphere which our entire community could be proud of and enjoy.
Our student council, staff and P.T.A. want to restore the field in
two stages. First, we would like to completely renovate the field
by taking away the old sod, regrading the field, hauling away the
excess buildup of sand and replacing it with appropriate material
for resodding, refurbish /replace the sprinkling system, and resod
the field. Second, we want to construct a low wall around three
sides of the field which would function as a burm to protect the
sod from the buildup of sand blowing on the refurbished field and
make the maintenance process easier \more effective.
r1
Pt �rf
N
Page 2
In a meeting held on Tuesday, February 8th, the feasibility of the
project was discussed by representatives from both the City of
Newport Beach and the Newport -Mesa Unified School District. Those
in attendance at the meeting included;
From the City of Newport Beach
Marcy Lomeli
Randy Kearns
Pete Compton
From the Newport -Mesa Unified School District
Carol Stocker (Director of Management Support Services)
Don Minard (Director of Maintenance and Operations)
Tom Godley (Assistant Superintendent of Business)
Bill Knight (Principal, Newport Elementary School)
Kurt Thayer (Newport Elementary Student Body President)
Shawn Thayer (Community resident /Chairman of Committee for
School Beautification)
The P.T.A. has already pledged $10,000 to initiate this project
and a committee has been established to raise the additional money
needed to complete it in the best manner possible. We are not
requesting a monetary donation from the City of Newport Beach, but
do request your support and other kinds of assistance that the
City could possibly provide.
Thank you for your consideration of this request. We believe
successful completion of this project will benefit not only the
school children but our entire community by providing a superior
park like area for everyone.
Sincerely,
Kurt Thayer, Student Body President
alx��
wport Elementary Princiipal
cc: Nancy Beard
Marcy Lomeli
Randy Kearns
Pete Compton
r�
�J
Item VIII 3a
General Services Department
Park & Street Tree Divisions
March 1994 Progress Report
In addition to normal duties, the Parks Maintenance Crews performed the
following activities in the month of March.
1. Renovation of the landscape was completed on the exterior wall
at City Yard.
2. The slope was planted with drought tolerant shrubs at the Oasis
Community Center.
3. The installation of railroad tie /chain fence at West Newport
Park was completed.
4. The aerification and top dressing with contractual forces was
completed at Lincoln Athletic Center. Staff will be reviewing the
results and possibly performing the same task in mid summer.
• 5. Greg Lewis, Pest Control Technician provided information to all
members of Division and General Services Department regarding the
African Honey Bee. The bees will be arriving in Orange County as
early as this fall.
6. The weeding of Cliff Drive Park was accomplished by City staff.
7. A working seminar was conducted by Mr. Al Baraza, topiary
expert with volunteers and City staff. Four volunteers will be
trimming the topiary on the Pacific Coast Highway median in Corona
del Mar. This trimming will be done approximately every three
months with coordination by staff.
8. Work is progressing on P.B.& R. Commission Maintenance Safety
Inspection reports throughout the Park system.
Upcoming Events for April:
1. Replacement planting of Cliff Drive Park slope will be
completed.
2. Continued City wide turf grass dethatching, aerification and
fertilization will be completed, weather allowing.
• 3. City wide fertilization of shrub and groundcover areas on
medians and parks will be completed.
• The Tree Division activity report is as follows:
In March 1118 trees were trimmed (989 by West Coast Arborists, 129
by City Staff), 21 trees were planted, 17 trees were removed, 55
trees were root pruned, 29 work requests were completed and 7
individual responses to fallen limbs due to wind. Listed below is
a work summary of details:
1. Seventeen trees were removed at various locations;
West PCH 7 Dead trees, possible pathogen
Superior Ave. Parking Lot 1 Tree, traffic accident
430 Snug Harbor Road 1 Tree, storm damage
500 San Bernardino Road 1 Dead Tree
1215 Berkshire Lane 1 Tree, storm damaged
212 Jasmine 2 Dead Trees
Newport Pier Parking Lot 2 trees, traffic accident
990x 16th Street 2 trees, storm drain installation
2. Twenty one trees were planted at the following locations;
Cliff Drive Park
Bayside Drive Park
Old School Park
Grant Howald Park
Eastbluff Park
Newport Boulevard arterial
3. In addition, City staff, with the aerial tower truck assisted
the Community Services Department with ballfield light replacement
at Lincoln Athletic Center and Grant Howald Park baseball fields.
4. On March 16, 1994, at Eastbluff Park, the Spencer family
donated 5 Magnolia trees and City staff assisted with the planting.
5. Approximately 300 Palm fronds were made available, for pickup
at City yard to local churches for Palm Sunday services.
6. Soil and tissue samples have been delivered to a laboratory
to determine the decline of the Windmill Palms along West Pacific
Coast Highway.
Upcoming events for April:
1. The coordination of Arbor Day events with Community Services
Department at Buffalo Hills Park.
2. The tree trimming contractor will be trim ing in business area
adjacent to the Airport, Balboa Peninsula, and al o Island areas.
S ��
Marderiho meli
Item VIII 3b
• GENERAL SERVICES DEPARTMENT
Date: March 22, 1994
To: Parks, Beaches & Recreation Director
From: General Services Director
Subject: URBAN FOREST ASSESSMENT
The attached report titled "Estimated Tree Values" summarizes
the findings of the appraised value of the City's urban forest.
The current urban forest represents a asset of $61,763,940. The
report was provided at no cost by West Coast Arborists, the City's
tree contractor.
This estimate has been arrived at using the following methods
and considerations: the City's computerized database of publicly
owned trees, the current industry standard for tree appraisal,
consideration by City staff, the City's tree trimming contractor,
and an independent consultant.
• The report is summarized on the first page. Please note that
two basic categories of appraisal are indicated. The first
category, representing the vast majority of trees (and value) was
determined using the trunk formula method of appraisal. The second
page of the report identifies the constituent aspects of the trunk
formula process. Additionally, included is a listing of four
pages of tree species, tree count, average and total values.
The replacement value of trees is a straight forward
procedure. All trees in the smallest category were subtracted from
the database in the trunk formula method and should be added back
to determine total value of all City -owned trees. These small
trees were given a value equal to that of an average 24 -inch boxed
specimen tree, an assumption that was made to determine the value
of these small trees.
The purpose of gathering this information was to establish a
dollar amount that could generate public awareness of the City's
urban forest. Additionally, I feel that this report will enhance
for ,us the opportunity to share a very important asset with the
community. Please contact me regarding any questions.
Sincerely,
•id E. Niederhaus
rIL
0
City of Newport Beach, California
ESTIMATED TREE VALUES
March, 1994
The 20,563 individual trees listed in the City's tree inventory and computerized database of
publicly -owned trees (including all street trees and park and public facility trees) were
separated into various categories to determine their value. A large percentage of these
trees, 82% can be appraised using the Council of Tree and Landscape Appraisers" Trunk
Formula Method, whereas the remaining 18% can be appraised using the Replacement
Method of tree appraisal.
Application of these appraisal methods are a result of the size of the trees: trees too large
to be replaced using commonly available practices (practices not requiring special
equipment, handling or high risk of mortality) are appraised according to the Trunk
Formula, while trees which can be easily replaced are appraised for their replacement value.
SUMMARY
Category
Count
Avg. Value
Total Value
Trees appraised using
the Trunk Formula Method
16,901 trees
$3,600.00
$60,848,440.00
Trees appraised using
the Replacement Method
3,662 trees
$250.00
$915,500.00
All City -owned trees
20,563 trees
$3,175.00
$61,763,940.00
When using the Trunk Formula Method appraised value is equal to Basic Value ($)
modified by the Condition (%) and modified again by the Location ( %). The Basic Value
($) is determined by factoring a cost - per -unit of trunk area ($) by the trunk area (square
inches), modifying it again by the species ( %), and then adding the replacement cost ($).
When using the Replacement Method appraised value is equal to the wholesale /trade price
of purchasing a typical 24" boxed tree, adding the cost of installation and guaranteeing the
survival and establishment of the tree for one year.
' The Council of Tree and Landscape Appraisers is a body with combined industry
representation including the following five national organizations: American Association of
• Nurserymen, American Society of Consulting Arborists, Associated Landscape Contractors
of America, International Society of Arboriculture, National Arborists Association.
City of Newport Beach
Trunk Formula for Tree Evaluation
• APPRAISED VALUE =Base* Condition * Location
BASE VALUE a Replacement cost + (Size *Group *Class)
Replacement Cost - $1805
Replacement Cost Is the cost to buy and the Install largest commonly available transplantable tree (48' box)
DBH
MEDIAN
SIZE
0.3
2
3
Inches squared
3.6
5
20
Inches squared
6.12
9
64
Inches squared
12 -18
15
177
Inches squared
18.24
21
346
Inches squared
24.30
• 27
572
Inches squared
30.36
33
835
Inches squared
36.42
39
1108
Inches squared
42.46
45
1353
Inches squared
48+
49
1504
Inches squared
* Twhln A.1 frnm Thn r i lAn inr Plant Annrniaal
BASIC VALUE GROUPS
Group values are based on species characteristics
• 1 of
2 66.5
3 37
4 27:5
SPECIES CLASSIFICATION
are based on an ISA compiled list
TREE CONDITION
Condtion factor Is determined by the Integrity and health of the tree
GOOD 90 °%
FAIR 60%
POOR 35%
DEAD 0'/
LOCATION FACTOR
Location Factor Is based on the trees Immediate environment
I PARKS 90°/
STREET TREE 800/
•PALM TREE FORMULA
Base Value - Replacement Cost m Average Haight * $ /foot
Appraisal Value - Base Value * Condition * Location
•
City of Newport Beach
Estimated Tree Values
TRUNK FORMULA
Botanical Name Count Average Value Total Value
Washingtonia robusta
2,268
3;203.56
7,265,674.08
Schinus terebinthifolius
1,288
5,440.52
7,007,389.76
Cupaniopsis anacardioides
1,242
1,687.37
2,095,713.54
Pyrus kawakamii
1,232
2,605.26
3,209,680.32
Ficus rubiginosa
1,941
3,107.93
3,235;355.13
Ficus microcarpa'Nitida'
1,037
5,787.14
6,001,264.18
Eucalyptus citriodora
929
4,907.71
4,559,262.59
Liquidambarstyraciflua
617
2,601.98
1,605,421:66
Tristanla conferta
460
2,423.43
1,114,777.80
Eucalyptus sideroxylon
455
5,370.83
2,443,727.65
Trachycarpus fortune)
385
1,244.84
479,263.40
Melaleucaquinquenervia
319
3,380.74
1,078,456.06
Eucalyptus globulus
312
1,526.57
476,289.84
Jacaranda mimoslfolia
300
3,550.55
1,065,165.00
Eucalyptus rudis
247
3,273.14
808,465.58
Ceratonia siliqua
242
2,696.43
652,536.06
Erythrinacaffra
235
4,385.49
1,030,590.15
Phoenix canariensis
233
13,733.24
3,199,844.92
Pinus canariensis
227.
3,109.47
705,849.69
Pinus radiata
217
4,158.06
902,299.02
Eucalyptus ficifolia
207
8,023.51
1,660,866.57
Eucalyptus lehmannii
205
3,349.17
686,579.85
Magnolia grandiflora
175
2,425.26
424,420.50
Arecastrum romanzofflanum
167
2,950.65
492,758.55
Pinus halepensis
162
4,114.60
666,565.20,
Platanus acerifolia
161
2,095.14
337,317.54
Nerium oleander
141
2,518.06
355,046.46
Ainus rhombifolia
134
2,184.66,-
292,744.44
Pinus brutia
120
1,886.92
226,430.40
Chamaerops humilis
94
906.28
85,190.32
Ficus benjamina
94
2,116.64
192,614.24
Eucalyptus cladocalyx
88
6,347.99
558,623.12
Fraxinus uhdel
86
2,981.58
256,415.88
Eucalyptus pplyanthemos
82
5,094.07
417,713.74
Eucalyptus camaldulensis
81
3,811.25
308,711.25
Callistemon citrinus
67
3,556.09
238,258.03
Eriobotrya deflexa
60
2,276.98
136,618.80
Acacia melanoxylon
57
1,559.49
88,890.93
Cinnamomum camphora
54
2,932.22
158,339.88
Ulmus pumila
53
1,372.42
72,738.26
Page 1
City of Newport Beach
• Estimated Tree Values TRUNK FORMULA
Botanical Name Count Average Value Total Value
Eucalyptus robusta
50
3,765.58
188,279.00
Pinus torreyana
50
7,757.58
387,879.00
Ulmus parvifolia
50
3,973.80
198,690.00
Casuarina cunninghamiana
47
1,968.85
92,535.95
Myoporum laetum
47
2,203.02
103,541.94
Oiea europaea
46
2,662.54
122,476.84
Fraxinus uhdei'Tomlinson'
44
2,764.05
121,618.20
Podocarpus gracilior
44
3,048.14
134,118.16
Quercus suber
44
4,822.23
212,178:12
Washingtonia filifera
43
4,942.95
212,546.85
Eucalyptus maculata
40
4,257.66
170,307.20
Phoenix dactylifera
40
4,537.48
181,499.20
Cedrus deodara
38.
2,231.58
84,800.04
Tipuana tipu
38
2,302.34
87,488.92
Pyrus calleryana
37
2,095.08
77,517.96
C. leylandii 'Castelwellan'
35
2,103.00
73,605.00
• Platanus racemosa
33
2,375.33
78,385.69
Acacia baiieyana
31
1,765.61
54,733.91
Archontophoenix Cunningham.
29
2,651.90
76,905.10
Metrosideros excelsus
27
3,626.00
97,902.00
Pinus pinea
27
7,076.48
191,064.96
Erythrina lysistemon
25
2,877.64
71,941.00
Prunus cerasifera
25
1,831.72
45,793.00
Brahea edulis
23
1,206.30
27,744.90
Lagunaria patersonii
21
2,288.14
. 48,050.94
Robinia pseudoacacia
21
2,107.86
44,265.06
Schinus molle
20
2,937.40
58,748.00
Eucalyptus leucoxylon
19
3,552.84
67,503.96
Juniperus chin. 'Toruiosa'
16
2,088.94
33,423.04
Pinus thunbergiana
16
3,083.19
49,331.04
Pittosporum uridulatum
16
3,032.75
48,524.00
Eucalyptus viminalis
15
5,429.13
81.,436.95
Harpephyllum caffrum
15
3,115.40
46,731.00
Grevillea robusta
13
4,020.77
52,270.01
Quercus ilex
13
2,316.08
30,109.04
Calodendrum capense
11
1,093.18
12,024.98
Phoenix roebelenii
10
857.30
8,57,3.00
• Pittosporum rhombifolium
10
3,276.80
32,766.00
Alnus cordata
9
2,292.22
20,629.98
Koelreuteria bipinnata
9
2,128.33
19,154.97
.. 3
Page 2.
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City of Newport Beach
Estimated Tree Values
TRUNK FORMULA
Botanical Name Count Average Value Total Value --
Agonis flexuosa
18
1,658.50
13,268.00
Araucaria heterophylla
8
1,688.13
13,505.04
Cupressocyparis leylandil
8
1,990.63
15,925.04
Geijera parviflora
81
2,434.75
19,478.00
Melaleuca nesophila
8
3,244.25
25,954.00-
Phoenix reclinata
8
1,845.25
14,762.00
Albizia julibrissin
7
1,367.86
9,575.02
Dodonaea viscose
7
2,361.00
16,527.00
Erythrina coralloides
7
3,018.43
21,129.01
Eucalyptus torquata
7
2,014.71
14,102.97
Howea forsterana
7
3,240.00
22,680.00
Populus nigra'ltalica'
7
3,258.00
22,806.00
Ficus macrophylla
6
10,713;83
64,282.98
Acacia dealbata
5
2,615.60
13,078.00
Betula pendula
4
935.25
3,741.00
Casuarina stricta
4
3,101.50
12,406.00
Chorisia speciosa
4
3,268.00
13,07Z00"
Leptospermurn laevigatum
4
40114.75
16,459.00
Prunus lyonii
4
1,870.75
7,483.00
Acacia longifolia
3
1,869.33
5,607.99•
Acacia saligna
3
1,626.33
4,878.99
Araucaria columnaris
3
3,734.33
11,202.99
Callistemon viminalis
3
3,344.00
10,032.00
Eucalyptus cornuta
3
9,581.67
28,745.01
Melia azedarach
3
2,261.00
6,783.00
Salix•laevigata
3
1,690.33
5,070.99
Cupressus sempervirens
2
2,295.00
4,590.00
Cycas revoluta
2
720.00
1,440.00
Eucalyptus calophylla
2
6,852.50
13,705.00
Eucalyptus cinerea
2
5,870.50
11,741.00
Koelreuteriapaniculata
2
1,368.50
2,737.00
Ligustrum japonicum
2
1,673.00
3,346.00
Ligustrum lucidum
2
1,673.00
3,346.00
Prunus persica
2
1,227.00
2,454.00
Acacia decurrens
1
$,067.00
3,067.00
Acer saccharinum
1
1,056.00
1,056.00
Bauhinla variegata
1
3,657.00
3,657.00
Beaucarnea recurvata
1
1,478.00
10478.00
Cupressus glabra
1
2,342:00
2,342.00
Erythrina bidwillii
1
1,498.00
1,498.00
V
Page 3 -
City of Newport Beach - --
Estimated Tree Values TRUNK FORMULA.
Botanical Name Count Average Value Total Value
Erythrina crista -galls
1
1,458.00
1,458.00
Ficus carica
1
609.00
609.00
Hymenosporum flavum
1
1,029.00
1,029.00
Lagerstroemia indica
1
11693.00
1,693.00
Melaleuca armillaris
1
2,286.00
2,286:00
Morus alba
1
2,493.00
2,493.00
Persea americana
1
1,254.00
1,254.00
Persea indica
1
1,246.00
1,246.00
Phoenix rupicola
1
3,240.00
3,240.00
Pinus montezumae
1
921.00
921.00
Pinus muricata
1
5,175.00
5,175.00
Pinus roxburghii
1
1,186.00
1,186.00
Pittosporum crassifollum
1
1,478.00
1,478.00.
Pittosporum viridiflorum
1
2,217.00
2,217.00
Podocrpus mycro,phyllus
1
3,643.00
3,643.00
Quercus agrifolia
1'
1,662.00
1,662.00
Salix nigra
1
3,774.00
3,774.00
• Syzygium paniculatum
1
1,951.00
1,951.00
Viburnum tinus
1
1,146.00
1;146.00
Totals:
16;901
3,600.29
60,848,440.53
0 3%
Page 4
Item VIII 4
• COMMUNITY SERVICES DEPARTMENT
RECREATION DIVISIONS
MARCH, 1994 PROGRESS REPORT
Senior Services
March is the month to celebrate the volunteers and thank them for the many hours
of work they give to make the Center great. There were 250 volunteers attending
the Tea on March 23. Opera Pacific Overture Company performed, which was a
delight to everyone.
Tax season is at its peak with a counselor having approximately five appointments
each day. This is an invaluable service and Oasis has been lucky to have five top
notch counselors.
A jazz concert was given to 400 seniors on March 20. It was a fund raiser'for the
Friends. Janet Carrol and her "Hollywood Seven," a popular Dixieland group, and
• Harry Babbitt performed for some good old fashion music.
The Center offered two days of legal assistance this month, of which 14 people
received legal help.
Coastline College spring classes got under way with all classes well attended.
There is a new chair dancing class and landscape painting class being offered for
the first time.
Youth Services
There will be an in- service for the Recreation Leaders on March 31. The goals of
the in- service are to review discipline policies, job responsibilities and public
relations, and to develop more structured programming schedules.
The basketball program concluded its season last weekend with three City
Champions competing in the Orange County Championships. Although our teams
displayed good sportsmanship and a lot of heart, none of the teams were able to
advance past the first round.
• Track and Field practices began last week. Practices are Mondays, Wednesdays
and Fridays after school at all six sites.
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The City Championship Meet will be held on Friday, April 15, at Davidson
Stadium at Newport Harbor High School. The first gun will go off at 4:30 P.M.
We expect a larger turnout than ever this year because both, Irvine and Costa Mesa
have canceled their meets this year due to budget constraints.
Youth Council
The Youth Council met with the City Council last week to inform the City Council
of the various activities that the youth have taken on this year. The City Council
posed numerous questions and, suggestions for the youth group, which the
committee reported to the Youth Council as a whole at the meeting that took place
this week.
The Youth Council is developing a questionnaire that will be distributed at the
high schools and will include some of the City Council's concerns and issues
related to youth. Mayor Turner encouraged the Youth Council to return in the
future to share their findings and to continue discussion on any and all topics that
• may arise.
A committee will be meeting with Anita Mangels, Director of the Laguna Beach
Fire Relief Coalition, to discuss volunteer and fund raising opportunities related to
the relief effort in that city.
Petitions for the Edwards Cinema Student Discount Program are being circulated,
and it looks as if over 1,000 signatures from the high schools and middle schools
might be collected. The Youth Council has drafted a letter to Mr. Edwards
requesting a meeting with him to discuss the concept and share the petitions with
him.
The Safe Rides Program took one more step towards becoming a reality in
Newport Beach this week. It turns out that the Boy Scouts of America are the
parent organization for this nationwide program. A representative from the Boy
Scouts contacted the City to say they were informed of our interest and would like
to attend the next Youth Council meeting on April 5 to speak to the group. Also
invited to the meeting are the ASB Presidents of the high schools and Safe Rides
student representatives from two Orange County high schools. The students have
received initial support from the principal's at both high schools.
0
Revenue Program
Contract Classes
Spring session has just begun. It has been a very busy registration period for us.
We had over 900 pieces of mail the first three days of mail -in registration.
Gymnastics is having another big quarter. Two new classes that have been very
successful at Lincoln Elementary School are Science Adventures and Karate.
Thirty five children are enrolled in both classes.
Brochure
We are currently working on the summer brochure. For the next two weeks we
will be putting together over 600 programs of camp, classes and workshops. The
summer brochure is dated to be delivered May 16. The Commission will be
reviewing new classes in the next few weeks.
Adult Sports
• The spring softball leagues have suffered through eight rained out dates. All
games will be rescheduled. Summer league registration is open until April 13 and
we will begin play May 16.
Spring basketball leagues started March 21 with 67 teams competing for ten league
championships. Registration for this season brought in a gross revenue of
$34,170.
Aquatics
Spring Icebreaker Swim Lessons will be held the week of March 28 at Newport
Harbor High School. Classes have filled to capacity and will start daily at 12:00
Noon.
The Newport Beach Aquatics Club will change its practice time to 10:00 A.M.
over the spring break. Fliers have been sent to schools to announce the Swim
Team's summer session starting May 1.
The CdM Jr. H2O Club is set to start its 1994 season on April 19 with practices to
be held at the Marian Bergeson Aquatics Center Tuesdays and Thursdays from
r
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6:00 to 8:00 P.M. and games on Saturday afternoons. Boys and girls grades 3rd
through 8th are encouraged to join one of the best junior programs in the Nation.
Volleyball
Rain has forced the last two grass doubles tournaments to be canceled. The next
two are scheduled at Eastbluff Park on April 2 and 30. The Sunday night six-
person coed league playoffs were held March 27 and the spring league is set to
start April 10. The Thursday night four-person league ended with eight team
double elimination tournament on March 17. The next league will start April 7 at
Lincoln Athletic Center.
3
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•
•
OASIS SENIOR CENTER
FEBRUARY 1994
MONTHLY ACTIVITIES /UTILIZATION 'REPORT
CLASSES /GROUP
3124
LONG TRIPS
40
HUMAN SERVICES
282
Costa Rica
6
Laughlin
78
Another Passage
14
Monarch Magic
39
Blood Pressure
121
Braille
93
Case Management
50
DAY TRIPS
Chair Exercise
56
Counseling
35
Golden Cactus Western Dance
34
Eldercare
4
Color Of Money
40
Employment
50
"Sunset Blvd."
20
Information /Rental
508
Lawrence Welk
21
Legal Assistance
12
St. Sophie's Cathedral
21
Life On Your Own
21
Glider Inn
12
Medicare Assistance
1
Shared Housing
43
Telephone Reassurance
400
MEETINGS
Visual Screening
6
Board of Directors
25
VOLUNTEER HOURS
3212
Executive Committee
5
Long Range Planning
5
Human Services Comm.
7
VAN TRANSPORTATION
Fund - raising
12
Newsletter
18
Care -A -Van
302
Newsletter Collating
36
Shuttle
410
General Membership
90
SPECIAL EVENTS
Sunday Movies
55
Breakfast at OASIS
40
Pancake Breakfast
282
Over 80's Party
94
3�
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•
9:30
CITY OF NEWPORT BEACH
COMMUNITY SERVICES DEPARTMENT
ARBOR DAY - 1994
Buffalo Hills Park and Andersen School
Thursday, Apirl 28, 1994
ORDER OF EVENTS
Program Introduction Parks, Beaches
9:35 Presentation of Arbor
Day Proclamation
9:40 Skit: "The Legend of
Woody Van Winkle'$
9:50 Student Presentations
10:15 Tree Planting Ceremony
10:45 Self- guided Tree Tour
• r
and Recreation
Commissioner
City Council
Member
Community Services
Staff
Andersen School
Students
City Council
Members, PB & R
Commissioners and
Andersen School
Student Represen-
tatives
Andersen School
Faculty and Students
f
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Item IX 8
GENERAL SERVICES DEPARTMENT
Date: March 24, 1994
To: Parks, Beaches and Recreation Commission
From: General Services Director
Subject: LILLIAN R. LUMPRIN APPEAL RE: TREE REMOVAL AT 1314
BALBOA BOULEVARD (COPY ATTACHED)
Ms. Lillian R. Lumpkin sent a letter dated December 22, 1993,
requesting the removal of a City tree, Ficus microcarpa (Indian
Laurel Fig) located at 1314 E. Balboa Boulevard. Her letter,(see
attached) enumerated reasons for removal: continued roots in the
sewer line, berry droppings causing damage to cars and slippery
sidewalks, and encroachment into high voltage electrical lines.
A field inspection conducted by John Conway, Urban Forester,
on January 5, 1994 (attached) recommended not removing the tree for
the following reasons:
1. Due to the species significance and location, one sewer
bill did not justify removal. Distance of the tree from sewer
lateral does not confirm sewer damage. The tree was located
approximately 5111" from the sewer lateral.
2. We concur with Ms. Lumpkin on the fruit drop and the
inconvenience to her and the public. However, we propose that the
tree receive a crown reduction and thinning to reduce the foliage
and fruit significantly. The last time the tree was trimmed was
October 1991, this species and size of tree should be trimmed every
two years. We investigated the possibility of a chemical spray to
reduce or eliminate the fruit, however, there is not a product
currently available on the market.
3. Southern California Edison's response letter dated January
51 1994 (copy attached) to Ms. Lumpkin by Bill Ross, Line Clearing
Supervisor, did not support any electrical danger as indicated by
Ms. Lumpkin's letter of December 22, 1993. However, crown
reduction will continue to keep the tree below the existing high
voltage wires.
Mr. Conway's report was submitted, to the Park & Tree
Superintendent and the Parks, Beaches and Recreation Commission's
Tree Committee. They both concurred with Mr. Conway's
recommendations of not removing the tree.
-1 0
• Additionally, this particular tree is valued at $3298.32.
Even though the tree has some inherent problems, most of Ms.
Lumpkin's concerns will be alleviated by the upcoming scheduled
tree trimming.
This tree and the other Ficus trees on Balboa Boulevard have
been scheduled for trimming in mid -April by the City's contractor,
West Coast Arborists. Please contact me regarding any questions.
Very respectfully,
David E. Niederhaus
• H
The EARL'S PLUMBING, INC:
PLUMBING, HEATING, AIC, WATER TREATMENT, BATH & KITCHEN REMODELING -SALES & SERVICE
MAIN OFFICE 1533 W. LINCOLN AVE 1526 NEWPORT BLVD M922 CAMINO CAPISTRANO
INVOICE DATE INVOICE NUMBER
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December 22, 1993
Mr. John Conway
City of Newport Beach
General Services Department
P.O. Box 1768
Newport Beach, CA 92659 -1768
Dear Mr. Conway,
This letter is to ask for the removal of the city tree that is
planted beside the street within the sidewalk area at 1314 E.
Balboa Blvd. The property at 1314 E. Balboa Blvd. has been in
family ownership for many years. I ask for the removal of the tree
because of the following, continuing and worsening problems.
1) The roots of the tree, continue to clog the sewer lines
from my property. Please see the attached bill.
• 2) The tree sheds red colored berries on parked cars, the
street and sidewalk. The droppings from this tree stain and damage
the paint on the cars parked under it. It's droppings are slippery
and continue to drop on the sidewalk presenting a safety hazard for
pedestrians.
3) Of utmost importance is the tree's immense growth into the
power lines nearby. The branches now encircle the power pole
completely and if they break off and cause a break or a short in
the power lines, electrocution and /or fire could result. Anyone in
a car below or anyone occupying the dwelling at 1314 E. Balboa
Blvd. could be killed should the power lines drop to the ground.
Please see attached Southern California Edison Customer Update.
Thank you for your consideration. We ask for its removal as
soon as possible.
Very truly yours,
awj-x� UCou H
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Lillian R. Lumpn
806 W. Bay Avenue
Balboa, CA 92661
673 -3810 Home Phone
• 645 -6670 Office Phone
cc: Mr. Bill Ross, Southern California Edison Company
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Southern California Edison Company
1325 SOUTH GRAND AVENUE
SANTA ANA, CALIFORNIA 92705
BILL ROSS
LINE CLEARING SUPERVISOR
ORANGE COUNWMAN GABRIEL REGION
JANUARY 05, 1994
LILIAN R. LUMPKIN
806 W. BAY AVENUE
BALBOA, CA. 92661
SUBJECT: 1314 E. BALBOA BLVD.
BALBOA, CA. 92661
RE: FICUS TREE IN PARKWAY
DEAR MRS. LUMPKIN,,
UPON OUR INVESTIGATION OF THE ABOVE PROPERTY, THE FICUS TREE
• THAT YOU ARE REFERRING TO BELONGS TO THE CITY. THE LINES THAT
ARE GOING THROUGH THE TREE ARE TELEPHONE AND CABLE TELEVISION.
OUR HIGH VOLTAGE LINES THAT WE TRIM FOR ARE ABOUT 10 FEET ABOVE
THE'TOP-OF THE TREE. IT HAS BEEN DETERMINED THAT THERE ARE NO
HAZARDS TO OUR FACILITIES AT THIS TIME. I WANT TO THANK YOU
FOR YOUR CONCERN.
SINCERELY,
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BILL ROSS
LINE CLEARING SUPERVISOR
Co: JOHN CONWAY
CITY OF NEWPORT BEACH
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TELEPHONE
(]14) 973 -5808
FACSIMILE
(714) 973.5578
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'PARK DEPT. CITY OF NEWPORT BEACH
Date: /— S— 9r{
Name: I,il��'ua /.', G�.un�p�C.`.J
Address: 1,3,1/ S, &qb- - 61d,
Phone Number: 6 *73 — 0 (� _1o,6 70 o�;cc
Complaint:VUJtQfy
fee a'/fz- � /-cLr� �Cfif.J. II��
Species: F &,S
Damage:
Sidewalk: ❑
Curb: p
Parkway: f1
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Other: q
Parkway: Concrete Brick M Turf C] Other C1
Comments: 6,0/, -d-.vq tk L/--Q c „4' s•
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Inspected by: dw. co,".dory
Supervisor's Recommendation:
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Item IX 9
. GENERAL SERVICES DEPARTMENT
Date: March 28, 1994
To: Park, Beaches & Recreation Commission
From: General Services Director
Subject: BENCH DONATION
ACTION:
To accept recommendation of Park & Tree Superintendent of
acceptance of one bench donation from Dr. Daniel Stringer.
DISCUSSION:
Staff has received correspondence from Dr. Daniel Stringer for
a bench donation. The bench will be placed at Ruby and South Bay
Front, Balboa Island. Donor will provide plaque with conforming
• inscription per City Policy.
Very respectfully,
David E. Niederhaus
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DANIEL STRINGER, D.D.S., lwc.
4043 WHEW M Dnkv
• SUITE
NEWPORT BEACH. , C ALIPl 9288O
TELEPEUm 04P6880
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• GENERAL SERVICES DEPARTMENT
Date: March 24, 1994
To: Parks, Beaches & Recreation Commission
From: General Services Director
Subject: BENCH DONATION
ACTION:
To accept recommendation of Park & Tree Superintendent of
acceptance of one bench donation from Mr. Fred Crook.
DISCUSSION:
Mr. Crook will provide City with one City approved concrete
bench. Staff has received correspondence from Mr. Fred Crook for
the donation. The bench will be placed at the base of the Lido
• Isle Bridge. Donor will provide plaque with conforming inscription
per City Policy.
Very respectfully,
David E. Niederhaus
S�
•
FROM : Quick Crete, TN PHONE NO. : 16155538320
MARCH 21, 1994
MR. MARCELINO LOMELI,
CITY OF NEWPORT BEACH
GENERAL SERVICES DEPT.
P.O. BOX 1766
NEWPORT BEACH, CA 92659 -1768
RE: BENCH DONATION
DEAR MR. LOMELI,
THE FRED CROOK FAMILY IS REQUESTING TO DONATE TO THE CITY
OF NEWPORT BEACH ONE, NEW, CONCRETE BENCH FOR THE LIDO
PARK AT THE BRIDCE TO LIDO ISLE, THE BENCH IS TO BE
• LOCATED IN THE LOWER AREA OVER LOOKING THE CHANNEL. WE
HAVE LIVED ON LIDO ISLE FOR TWENTY YEARS AND WOULD LIKE TO
MAKE THIS CONTRIBUTION TO THE CITY.
OUR FAMILY WILL AGREE TO PROVIDE AND PAY FOR A TWO INCH BY
SIX INCH BRONZE PLAQUE WITH CONFORMING INSCRIPTION.
--�TJIANK YOU
FRED CROOK
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Item No 10
• COMMUNITY SERVICES DEPARTMENT
DATE: April 1, 1994
TO: Parks, Beaches and Recreation Coiumission
FROM: Nancy Beard
RE. ADDITION TO G -5 POLICY,
PARK IMPROVEMENT DONATIONS
Recommendation
To approve the additions to the G -5 Policy.
Staff has been requested by action of the City Council on March 28, 1994 to
prepare a Council Policy defining guidelines, including text length, for plaque
dedications in the future.
• The proposed addition to Council Policy G -5 meets this requirement.
0,
PARK IMPROVEMENT DONATIONS
The City Council recognizes the need to provide residents with the opportunity to donate
trees, benches, drinking fountains or related park items. This policy established criteria
for donations to assure attractiveness, usefulness and the capability to be maintained.
Tree Donations
The tree -lined walkway at Oasis Passive Park beginning at 5th Avenue and Marguerite in
Corona del Mar shall be identified as the only area where a tree with a bronze plaque can
be installed. Trees without plaques can be donated and installed at locations approved by
the General Services Director.
Park Amenities
• Items such as benches, drinking fountains, tables, etc., can be donated to be included in
the public park system. Recognition on the donated item shall be a 2" x 6" plaque and
limited to Donated by (Name) or Donated for (Name) as a means of identifying the
donation. Wxyq ft"dm"'
Donors of major gifts may elect to provide a dedicatojy pIMue not exceeding 5" x 7"
with name, date and appropriate text not exceeding 25 words.
All donations must be approved by the Parks, Beaches and Recreation Commission. The
cost of a donated item, including identification plaque, shall be borne totally by private
funds. The City will assume ownership and maintenance if accepted and placed in a
public park. The City will not assume responsibility for replacement due to vandalism or
theft.
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