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