HomeMy WebLinkAbout04 - Council Policy Manual Changes and Fee Resolution0
Newport Beach City Council
AGENDA ITEM 4
March 22, 1999 Council Meeting
TO: MAYOR AND CITY COUNCIL
FROM: DAVE KIFF, ASSISTANT TO THE CITY MANAGER
SUBJECT: COUNCIL POLICY MANUAL— POLICY CHANGES, AFFIRMATION OF
STATEMENT ON INVESTMENT POLICY (F -1). and FEE RESOLUTION
RECOMMENDED ACTION:
(a) Approve the proposed changes to Council Policies A -2, A -3, 8 -1, C -1,
1 -21, J -1, J -2, J -3, J -4, J -5, K -3, K -6, L -12, and L -21;
(b) Reaffirm Policy F -1 (Statement on Investment Policy); and
(c) Adopt Resolution 99 -_ relating to the City's Fee Schedule for 1999.
BACKGROUND:
This agenda item contains three linked parts:
(1) the annual review of the City Council Policy Manual;
(2) the annual re- affirmation of the City's Statement of Investment Policy; and
(3) the adoption of a resolution adopting certain fees that will be otherwise removed from
the Council Policy Manual.
• POLICY MANUAL CHANGES. Council Policy A -3 directs the City Council to, every
February, review the more than 100 "council policies" in the Council Policy Manual. These
policies instruct the Council and City staff on how to process a variety of different issues and
actions from airport and annexations to voice mail and water service outside the City limits. This
year, the policies proposed for change are:
A -2 — Board and Commission Appointments (substantive)
A -3 — Council Policy Review (substantive)
B -1 — Newport Beach Airport Policy (rename to "Aviation" then renumber)
C -1 — Annexation Guidelines (renumber only)
1 -21 — Public Library Community Room Use (specific fee deleted, schedule reference added)
J -1 — Contractswith Former City Employees (renumber only)
J -2 — Designated Assignment of Unassigned City Hall Vehicles (renumber only)
J -3 — Employee Suggestion Program (IDEA) (renumber only)
J4 — Employee of the Year (renumber only)
J -5 — Use of City Telephones and Calling Cards (renumber only)
K -3 — Implementation Procedures for CEQA (substantive)
K -6 — Commercial Uses in Residential Districts (substantive)
L -12 — Oceanfront Encroachment Policy (specific fee deleted, schedule reference added)
L -21 — Sidewalk CafB Standards and Procedures (specific fee deleted, schedule reference added)
Attachment A describes these proposed changes. Where we have recommended a
substantive change (beyond renaming, beyond renumbering, or beyond where we suggest
in insertion a fee and referring to the fee schedule), Attachment B includes the strikeout and
insertion version of the Policy.
Newport Beach City Council
Agenda Item _
Pape 2
• RE- AFFIRMATION OF STATEMENT OF INVESTMENT POLICY. Following the .
County of Orange's bankruptcy in late 1994, the State Legislature adopted SB 564 (Johnston)
which requires each local agency to consider its Statement of Investment Policy (the City
Council's Policy F -1) annually. The law reads as follows:
Government Code § 53646 -- (a) The treasurer or chief fiscal officer shall annually render to
the legislative body of the local agency and any oversight committee a statement of investment
policy, which the legislative body of the local agency shall consider at a public meeting. Any
changes in the policy shall also be considered by the legislative body of the local agency at a public
meeting.
The City staff does not recommend any changes to Policy F -1 at this time, but offers the
policy in full (in Attachment B) as a part of the City's obligations under SB 564 (Johnston). The
Council's review of this policy at a public meeting completes this obligation.
• FEE RESOLUTION. Over the years, the City has attempted to consolidate its fees on a
single "schedule" so that the dollar amounts of the fees can be reduced or increased without
amending the policy document associated with the fee in question. Sometimes the only reason to
adjust the policy document is to adjust the fee — placing the dollar amounts outside of the policy
document allows the City Council to review and reset fees quickly.
Because some of the changes recommended above delete references to specific dollar
amounts for fees, these changes require the City Council to also amend the Fee Schedule to
reflect these changes. Attachment C contains the resolution that would amend the Fee
Schedule. The fees proposed in the Schedule are unchanged from the dollar amounts of
the fees formerly identified within the amended Policies.
ATTACHMENTS: .
Attachment A — Council Policy Summary
Attachment B — Proposed Changes to Council Policies A -2, A -3, K -3, and K -6. Council Policy
F -1 included per the City's SB 564 annual review of the Statement of Investment Policy
Attachment C — Resolution 99 -_ relating to the City's Fee Schedule
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•
A -2
•
BOARD AND COMMISSION APPOINTMENTS
Service on City Boards and Commissions is one of the principal means by which
citizens can participate in the conduct of City government. The number of citizens
qualified for such service always exceeds the number of appointments that periodically
can be made by the Council.
On or before December 31 of each year, the City Clerk shall prepare a list of all
appointive terms of Boards, Commissions and Committees which will expire during the
next calendar year, with the name of the incumbent appointee, the date of appointment,
the date the term expires, and the necessary qualifications for the position. Also, the
City Clerk shall list all Boards, Commissions and Committees whose members serve at
the pleasure of the City Council, and the necessary qualifications of each position.
The City Clerk shall further maintain a file of Candidates for Board and Commission
appointments, which shall be reviewed each year by the City Clerk to insure that those
applicants are still available for appointment. Applications shall be retained in the
active file for two (2) full years, thereafter they will be destroyed.
Two months prior to a scheduled vacancy, the City Clerk shall prepare and submit to
the various newspapers, information relating to the vacancy including meeting dates
and times, Board or Commission functions, and the method of obtaining and
submitting applications and establishing the third Wednesday prior to June 1 as the last
date to submit applications. The City Clerk shall notify each applicant of the receipt of
their application.
Within twenty days after an unscheduled vacancy occurs on a Board or Commission, a
special vacancy notice shall be posted in the City Clerk's office, and other locations as
directed by City Council. Additionally the City Clerk shall prepare and submit to the
various newspapers information relating to the vacancy including meeting dates and
times, and Board or Commission application procedure. Final appointment (other than
emergency appointments) shall not be made for at least 10 working days after the
posting of notice.
Periodically, situations may arise wherein due to the occurrence of a number of
simultaneously scheduled Board or Commission vacancies, it may be appropriate to
make certain adjustments in the advertising and recruitment procedures, which are
regularly utilized to fill these vacancies. In these cases, the City Council may make the
following adjustments by majority vote at a regular public meeting:
1 0
0 A -2
A. The two -month period prior to the occurrence of a scheduled vacancy, which is
established for advertising purposes, may be extended to three months.
B. The last date to submit applications for a vacancy may be changed from the third
Thursday prior to June, to no sooner than the third Thursday prior to May 1.
C. The period established for the ad -hoc Appointments Committee's
recommendation to the Council of candidates, may be extended from at least two
weeks, to at least four weeks prior to the date of appointment.
When vacancies occur, the City Council shall make every effort to appoint the best
qualified person to serve the interest of Newport Beach. The City Council shall only
appoint persons who have filed an application for appointment with the City Clerk no
later than five (5) days prior to the date on which the City Council nominates
candidates for positions. The application shall serve as a basis for determining if the
person is a qualified elector of the City, has no conflict of interest that would prevent
the applicant from serving, and otherwise satisfies the criteria for appointment specified
in the City Charter and any relevant ordinance or Council policy. The City Council
prefers that members of Boards and Commissions represent different geographical
areas of the City, but residence is a consideration only when applicants are otherwise
equally qualified.
To afford the maximum opportunity for citizen service, the City Council, as a general
policy, will make appointments with the understanding that they will not be extended
beyond one term. Exceptions may be made when, in the judgment of the Council, a
reappointment would recognize and extend an unusual contribution by the incumbent.
In no event will individual appointments to any one Board or Commission exceed two
consecutive full terms, exclusive of appointment to fill unexpired terms.
At such time when an appointment to a Board or Commission is necessary, the Mayor
will establish an ad -hoc Appointments Committee composed of three Councilmembers.
The Committee's duties are as follows:
A. Review all applications for position to City Boards and Commissions. The ad-
hoc Appointments Committee will review applicant answers to all questions
contained in the application,
B. Conduct any necessary interviews with individual applicants; and
0
2
C\
A -2
C. At least two weeks prior to the date of appointment, recommend to the full City
Council at a regular public meeting, two or more candidates for each Board or
Commission vacancy. Members of the Council may wish to interview the
recommended candidates further prior to final selection by the Council. By
requiring two or more candidates for each vacancy, it is the intent of the City
Council that at least two separate individuals should be considered for each
vacancy, i.e., if there are two vacancies, at least four separate individuals will be
considered.
The ad -hoc Appointments Committee, in conducting their review of applications and
interviews with the individual applicants, shall attempt to determine if there exists a
potential conflict of interest which might interfere with the performance of the
applicant's duties in an impartial manner free from bias. It is generally recognized that
from time to time it is possible for any individual to have a conflict on any one given
issue.
The ad -hoc Appointments Committee, however, shall endeavor to avoid
recommending appointments of applicants with a substantial conflict of interest which
would require repeated disqualification from voting on issues that are likely to come
before the Board or Commission.
PROCEDURE FOR VOTING ON APPOINTMENTS TO CITY COMMISSIONS,
BOARDS AND COMMITTEES
A. Each Council Member casts one or more votes with not more than one vote per
nominee.
B. Eliminate any nominee who receives zero or one vote.
C. Each Council Member casts one vote for any remaining nominee. If any nominee
receives four- a majority of the votes cast he /she is appointed. If no one receives
€aw a majority of the votes cast eliminate any nominee who receives zero or one
vote and repeat step 3.
D. Voting shall be by roll call vote.
3
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• A -2
The City Clerk shall also be responsible for the following functions associated with
Board and Commission as well as Citizens' Advisory Committee appointments:
A. Preparation of letters for the Mayor's signature notifying successful candidates of
their appointment, and preparation of formal Certificates of Appointment to
accompany the aforementioned letters.
B. Preparation of letters for the Mayor's signature notifying unsuccessful candidates
for appointment.
C. Preparation of letters for the Mayor's signature thanking outgoing members for
their service and coordination with the Purchasing Agent in the preparation of
formal Certificates of Appreciation.
Once the final appointments are made by the City Council, the ad -hoc Appointments
Committee will be dissolved.
Adopted - June 28, 1965
Amended - August 15, 1966
Amended - September 26,1966
Amended - June 10, 1968
Amended - July 12,1976
Amended - September 12,1977
Amended - November 28,1977
Amended - December 19,1977
Formerly A4
0
Amended - June 26,1978
Amended - March 12, 1979
Amended - July 27,1981
Amended - November 23,1981
Amended - January 24,1994
Amended - February 26, 1995
Amended - August 12,1996
Amended - February 24,1997
4
A -3
COUNCIL POLICY REVIEW
In Februar-y During the first quarter of each calendar year, the City Council and City
Manager shall review the Council Policy Manual for any needed additions, changes or
deletions deemed appropriate at the time. Nothing in this policy shall prevent any
individual member of the Council, the City Manager, or City Attorney from suggesting
to the Council manual revisions at other times during the year.
Adopted - August 30,1966
Amended - September 25, 1967
Amended - November 25,1968
Amended - February 14,1972
Amended - July 12,1976
Amended - January 24,1994
Formerly A -5
CJ
1 •
STATEMENT OF INVESTMENT POLICY
PURPOSE:
F -1
To set forth the City's policy concerning the investment of temporarily idle funds. It is
the policy of the City to invest funds not required for immediate expenditures.
Investments will be in compliance with governing provisions of law and the policy
contained herein. Primary investment goals are security of principal, adequate liquidity
maintenance, and yield, in that order. Investments shall be placed only in securities as
outlined below. The balance between various investment instruments may change in
order to provide the City with the best combination of yield, liquidity, and a
consideration for other factors, such as placement of an appropriate percentage of
available investment funds locally. It shall be the main responsibility of the City
Council, in adopting this policy and reviewing the investment holdings on a monthly
basis, to preserve the investment principal.
INVESTMENT AUTHORITY:
Under the direction of the City Manager, the investment authority has been delegated
•
to the Director of Administrative Services, who is responsible for administration of the
City's investment program. This authority shall be renewed annually as part of the
review and update of this Policy. In addition to the monthly investment report that is
submitted to the City Council, the Administrative Services Director shall provide more
detailed investment information to the City Council Finance Cenu^d* * ^^ as requested.
The Finance (`^...«.it City Council shall be briefed directly by the City's investment
advisors on a quarterly basis whenever possible.
Sections 53600 -53601 of the California Government Code provides basic investment
limits and guidelines for government entities. In the event an apparent discrepancy is
found between this policy and Sections 53600 - 53601, the more restrictive parameters
will take precedence.
LIQUIDITY:
Sufficient funding to accommodate at least two week's projected cash outflow is to be
maintained in immediately available investments, such as the State Local Agency
Investment Fund, maturing certificates of deposit, or similar liquid instruments. An
analysis of cash flow must be conducted at least weekly to serve as the basis for
• determining appropriate maturities for investments. At no time shall the liquid cash on
F -1 •
hand be less than 5 percent of the City's total investment portfolio. For purposes of this
policy, cash on hand includes all cash and investments accessible within 48 hours.
ACCEPTABLE INVESTMENT INSTRUMENTS:
The following are types of investments made by the City and the guidelines for
investing in each. In all cases, investments shall be made in the context of the "Prudent
Man" rule, which states, in part, that:
"When investing, reinvesting, purchasing, acquiring, exchanging, selling, and
managing public funds, a trustee shall act with care, skill, prudence, and
diligence under the circumstances then prevailing, that a prudent person acting
in a like capacity and familiarity with those matters would use in the conduct of
funds of a like character and with like aims, to safeguard the principal and
maintain the liquidity needs of the agency. Within the limitations of this section
and considering individual investments as part to (sic) an overall investment
strategy, a trustee is authorized to acquire investments as authorized by law."
In this light, the City of Newport Beach does not purchase or sell securities on margin.
Additionally, any institution which holds either the collateral or the investment
instruments themselves in safekeeping for the City must maintain at least $500,000,000
in assets.
Certificates of Deposit
Only fully collateralized certificates of deposit with FDIC insured institutions will be
utilized in investment of City funds. Government securities having a market value of
110 percent of the total amount of investment are acceptable as collateral. As an
alternative, first trust deeds having a value of 150 percent of the total amount of
investment are acceptable as collateral if approved by the Administrative Services
Director on a case by case basis. Noncollateralized CD investments may be made in
amounts less than $100,000 so long as they are fully insured by the FDIC.
Not more than 10 percent of the City's investment portfolio shall be invested in
certificates of deposit with any one institution. CD's will not be placed for a period of
longer than one year. Further, an institution must meet the following criteria to be
considered by the City:
2 0
\\k
• F -1
The institution must maintain at least $1 billion in assets ($100 million for fully
insured CD's of $100,000 or less).
The institution must have been in business at least three years.
The institution must have a net worth to asset ratio of at least 6 percent.
The institution must place and maintain on file with the City an audited financial
statement not more than one year old.
Interest shall be paid to the City on a monthly basis.
Negotiable Certificates of Deposit
As a matter of policy, the City invests in Negotiable Certificates of Deposit only with
U.S. Banks whose underlying securities are rated A -1 or P -1 by one of the top two rating
agencies and having assets in excess of $10 billion, so as to insure security and a large,
well - established secondary market. Ease of subsequent marketability is further
ascertained prior to initial investment by examining currently quoted bids by primary
dealers and the acceptability of the issuer by these dealers. No one issuer shall exceed
more than 10 percent of the portfolio, and maturity shall not exceed one year. The
California Government Code Section 53601 limits investment in negotiable certificates
of deposit to 30 percent of the portfolio.
Bankers Acceptances
The City may invest only in Bankers Acceptances written by the 100 largest banks in the
world. In the case of foreign banks, the Bankers Acceptances must be written by their
U.S. branches. Maximum maturity shall be nine months. No more than 30 percent of
the City's overall investment portfolio shall be placed in Bankers Acceptances.
U.S. Treasury Issues
The City may invest in treasury notes, bills and bonds. Safekeeping documentation of
these instruments in an acceptable and secure account in the City's name is required.
Maximum maturity of any U.S. Treasury issue shall be five years.
9
Federal Agency Securities
F -1 0
Securities of this type that are acceptable for the City's investments are Federal Home
Loan Bank notes, Federal National Mortgage Association notes, Federal Farm Credit
Bank notes, or any other U. S. Government Agency security. Security requirements and
maturity limitations are the same as those for U.S. Treasury issues.
Commercial Paper
The City may only invest in commercial paper issued by large, exceptionally well -
established firms with the highest Moody's or Standard & Poor's ratings (Al /Pl).
Commercial paper shall be used solely as a short -term investment not to exceed 180
days. Additionally, not more than 15% of the portfolio shall be invested in commercial
paper with a maturity beyond 30 days. Another 15% may be invested in commercial
paper with a maturity of less than 30 days. Security requirements are the same as those
listed above. Investment in commercial paper of any one issuer shall not exceed 10
percent of the portfolio.
Repurchase Agreements ( Repos) and Reverse Repurchase Agreements
Repos and reverse repos shall be used solely as a short -term investment not to exceed
30 days. The institution from which the City purchases a Repo must deliver adequate
collateral to the City's safekeeping account (either directly or through a third party
safekeeping agent), consisting of U.S. Treasury or Agency securities at the rate of 102
percent of the face value of the repo. The amount of this collateral must be sufficient to
compensate for fluctuating market conditions. Repos will only be purchased from
Primary Dealers.
Assets must be owned by the City for more than 30 days before they can be used as
collateral for a reverse repurchase agreement. No more than 10% of the portfolio can be
involved in reverse repos.
Passbook Savings Accounts
Savings accounts may be used as a repository for customer deposits, or for similar
purposes. Consistent with the requirements for CD investments, funds deposited in
savings accounts must either be FDIC insured or collateralized.
4
\M
•
F -1
Local Agency Investment Fund (LAIF) (State of California)
State Regulation limits any one City's investment in this fund to $20 million at any one
time, and prohibits more than 10 transactions (deposits or withdrawals) per month.
Investment in this Pool is intended to be used as a temporary repository for short term
funds used for liquidity purposes. At no time shall more than 10 percent of the City's
total investment portfolio be placed in this Pool with the exception that 25 percent of
the portfolio may be placed in the Pool for a period not to exceed 30 days.
County Investment Funds
Both Orange and Los Angeles Counties provide a service similar to LAIF for municipal
and other government entities. Both of these Funds are available to Newport Beach.
Investment in these pools is intended to be used as a temporary repository for short
term funds used for liquidity purposes. At no time shall more than 10 percent of the
City's total investment portfolio be placed in either of these Pools.
Medium Term Notes
Investments of this type will normally only be in corporations rated in the top three
note categories by two of the three largest nationally- recognized rating services.
Maximum term to maturity for individual securities shall not exceed five years, and not
more than 15% of the portfolio shall be invested in medium term notes of maturity
greater than 2 years. No more than 30 percent of the City's investment funds shall be
placed in securities of this type.
Asset - backed Securities
Investment in asset - backed securities is limited to those collateralized with consumer
receivables, rated "AAA," or the equivalent, by Moody's Investor Services or Standard
& Poor's, Inc., and which have a final, stated maturity of five years or less from the date
of purchase.
Municipal Bonds
Municipal bonds rated AAA, or AA and insured, are acceptable investments for the
City. Not more than 15% of the portfolio shall be in investments of this type.
5
F -1 0ASSET/INVESTMENT MANAGEMENT AGREEMENTS:
The City may employ the services of asset/ investment management companies. Such
companies must have a history of producing no losses and relatively high net returns.
They must also be well established and exceptionally reputable. Members of the staffs
of such companies who will have primary responsibility for managing the City's
investments must have a working familiarity with the special requirements and
constraints of investing municipal funds in general and this City's funds in particular.
They must contractually agree to conform to all provisions of governing law and the
collateralization and other requirements contained herein. At no time shall more than
35 percent of the City's total investment portfolio be placed in any investment
management account. It is the intent of this policy, for diversification purposes, that no
more than 20 percent of the City's total investments will be placed in any investment
manager's account. In order to implement this requirement, the City's portfolio assets
will be reallocated annually to its investment managers.
SAFEKEEPING/THIRD PARTY CUSTODIANS:
Cash and securities in the City's portfolio which are being managed by private sector
asset/ investment management companies will not be in the custody of those
companies. The City will contract separately with major banks or other well -
established, reputable financial institutions which provide custodial services to
maintain custody of cash and securities in this category. In the case of a major financial
institution, the City may have an asset/ investment management relationship, and a
custodial relationship, with the same entity. However, the services must be provided by
separately managed departments within that entity, and the City's portfolio must be
completely separate and distinct from the assets of the institution and from all other
portfolios managed by the institution.
RATING AGENCY CHANGES:
In the event a security held by the City is the subject of a rate drop which brings it
below accepted minimums specified herein, the investment advisor who purchased the
security will immediately notify the Administrative Services Director or Deputy
Director of that fact. The course of action to be followed will then be decided on a case
by case basis, considering such factors as the reason for the rate drop, prognosis for
recovery or further drop, and market price of the security. The Fi.-..,Ree r'e-l-rdt C�
Council will be advised of the situation and intended course of action by e-mail or fax.
REPORTING REQUIREMENTS:
6 0
w
F-1
In addition to the Monthly Investment Report, the City Council shall receive a detailed
quarterly listing of all investments in the City portfolio. The report must show the type
of investment, issuer, date of maturity, par and dollar amount of deposit/ investment,
and rate of interest. Quarterly reports from outside investment managers must also
include market valuation of assets under their management and the source of that
valuation, and shall also include a statement of compliance with investment policy.
Current ratings of non - government securities, either Moody's or Standard & Poor's,
will be included.
In his report to Council, the Director of Administrative Services shall include a
statement denoting the ability of the City to meet its expenditures for the next six
months, and shall also include a statement of compliance with investment policy for
assets under his direct management. In addition, the Firm^^^ r'e-f-r'_tee City Council
shall be notified whenever 5 percent or more of the total portfolio is invested,
withdrawn, or moved from one Investment Advisor or Pool to another.
Adopted - April 6, 1959
Amended - November 9,1970
Amended - February 11, 1974
Amended - February 9,1951
Amended - October 27,1956
Rewritten - October 22, 1990
Amended - January 25,1991
Amended - January 24,1994
Amended - January 9, 1995
Amended - April 22,1996
Corrected - January 27, 1997
Amended - February 24, 1997
Amended - May 26, 1995
7
IMPLEMENTATION PROCEDURES FOR THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
A. Intent.
K -3 0
The intent of this policy statement is to protect the environment of the City of
Newport Beach, to comply with the California Environmental Quality Act
(CEQA), and to implement the basic principles, objectives, and criteria contained
in the Guidelines adopted by the Secretary for Resources pursuant to the
provisions of California Environmental Quality Act, as amended.
These implementation procedures are intended to satisfy the requirements of
Sec. 15022 of the CEQA Guidelines, and are designed to be used in conjunction
with the CEQA statutes and Guidelines. In the event that any provision of this
policy is found to be inconsistent with CEQA, the Guidelines or case law, this
policy shall be revised to comply with applicable law.
B. Definitions.
As used in this policy statement, the following definitions shall apply: 0
1. California Environmental Quality Act (CEQA) means Public Resources Code,
Sections 21000 et seq., as amended.
2. CEQA Guidelines means the "Guidelines for Implementation of the
California Environmental Quality Act ", prepared by the Secretary for
Resources.
3. All definitions contained in CEQA and the Guidelines shall also apply to
this policy statement.
C. General Policies.
The following general policies shall apply:
1. The City, in implementing the requirements of CEQA, shall, wherever
possible, integrate these procedures into the existing planning and review
procedures of the City.
1 !
0
0 K -3
2. In reviewing and assessing the significance of environmental impacts, the
City shall be guided by the adopted General Plan policies and standards.
D. Environmental Determinations.
1. Activities Not Subject to CEQA.
This policy statement shall apply only to activities that are subject to
CEQA. Activities that are not "Projects" as defined in Guidelines Sec.
15378, and activities that are "Ministerial" as defined in Guidelines Sec.
15369 are not subject to CEQA or this policy statement.
Examples of City activities that are not normally subject to CEQA include,
but are not limited to, the following:
Business licenses
Parking permits
Sign permits
• Demolition permits
Grading permits
Building permits
Final subdivision maps
Certificates of use and occupancy
Coastal Commission Approvals in Concept
Exceptions. There may be instances where unusual circumstances cause
one of these activities to be considered a discretionary action subject to
CEQA. Examples include, but are not limited to, the following:
a. Any building permit or grading permit application or other action
which is normally considered ministerial but due to special
circumstances is determined to have the potential to cause a
significant effect on the environment. Examples may include the
following:
Work in an area of unusual erosion potential or ground
instability
Work affecting scenic or sensitive biological resources
•
2
2�
K -3 0
An activity that may generate substantial public health
impacts, such as noise, odors, or toxic materials
b. Any building or grading permit in a sensitive area for which no
prior CEQA review has occurred and no discretionary permit (e.g.,
use permit, site plan review) is required.
Determination. The Planning Director shall have the authority to
determine whether an activity is subject to CEQA.
Action by the Decision - Making Body. No findings or discussion of CEQA
compliance shall be required for activities that the Planning Director has
determined not to be subject to CEQA.
2. Projects that are Exempt from CEQA.
CEQA and the Guidelines provide that the following types of- projects are
exempt from the requirement to prepare an Initial Study unless there are
special circumstances that could result in significant environmental I* effects.
a. Statutory Exemptions. Activities that qualify for a statutory
exemption as provided under Sec. 15260 et seq. of the Guidelines
do not require further environmental review.
b. Categorical Exemptions. The various classes of categorical
exemptions are contained in Section 15300 et seq. of the Guidelines.
The discussion of exceptions contained in Section 15300.2 shall
apply particularly to projects and activities that would affect the
shoreline, bluffs, wetlands, public views and other sensitive
environmental resources. The Planning Director shall have the
authority to interpret the applicability of Categorical Exemptions to
particular projects, including City- sponsored activities (e.g., Zoning
Code amendments, assessment districts, construction and
maintenance of utilities) and privately - initiated applications.
C. "General Rule" Exemptions. During the preliminary review of an
application, each discretionary project that is not covered under a
statutory or categorical exemption shall be evaluated to determine
whether it qualifies for an exemption under the general rule
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contained in Sec. 15061(b)(3) of the Guidelines, which states,
"Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA."
Determination. The Planning Director shall have the authority to
determine the applicability of exemptions for all public and privately -
initiated projects.
Action by the Decision - Making Body. Prior to approval of any project
that is exempt from CEQA, such a finding shall be affirmed by the
decision - making body.
Notice of Exemption. After approval of a project that was found to be
exempt, the Planning Director may prepare and file a Notice of Exemption
as provided under Section 15062 of the Guidelines.
3. Initial Studies.
If a project is subject to CEQA and is not exempt under one of the
provisions listed under Section D.2, the Planning Director shall conduct an
Initial Study according to the requirements contained in Section 15063 of
the Guidelines. Where it is determined that consultant assistance is
required to complete the Initial Study, the procedural requirements
contained in Section E. shall apply.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Planning Director to be necessary for the preparation of
the Initial Study. In addition, when consultant assistance is required the
applicant shall be responsible for all costs as provided under Sections E
and F.
Determining Significant Effects. In determining whether or not a project
may have a significant effect the City will generally follow the guidance
contained in Section 15064 and Appendix G of the Guidelines. In
addition, the following shall be considered in determining whether or not
a project may have a significant impact, in view of the particular character
and beauty of Newport Beach:
a. A substantial change in the character of an area by a_difference in
use, size or configuration is created.
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b. Substantial grading, excavating or other alteration to the natural
topography.
C. Substantial alteration of the shoreline or waters of the bay or ocean
either directly or indirectly.
Determination. On the basis of the information and analysis contained in
the Initial Study, the Planning Director shall determine whether a
Negative Declaration or EIR should be prepared, as provided by Sec.
15063(b) of the Guidelines.
4. Negative Declarations.
As provided in Section 15070 of the Guidelines, the Planning Director
shall prepare a proposed Negative Declaration for a project subject to
CEQA when either:
a. The Initial Study shows that there is no substantial evidence that
the project may have a significant effect on the environment; or
b. The Initial Study identifies potentially significant effects, but:
i. Revisions in the project made by or agreed to by the
applicant before the proposed Negative Declaration is
released for public review would avoid the effects or
mitigate the effects to a point where clearly no significant
effects would occur, and
ii. There is no substantial evidence before the agency that the
project as revised may have a significant effect on the
environment.
Notice and Posting of a Proposed Negative Declaration. The Planning
Director shall provide notice of a Negative Declaration as required by Sec.
15072 of the Guidelines.
Action by the Decision - Making Body. Prior to approval of any project for
which a Negative Declaration was prepared, appropriate findings shall be
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prepared by the Planning Director for consideration by the decision -
making body.
Notice of Determination. Within 5 working days following approval of a
project for which a Negative Declaration was prepared, the Planning
Director shall prepare and file a Notice of Determination as provided
under Section 15075 of the Guidelines.
5. Environmental Impact Reports.
If the Initial Study shows that there is substantial evidence that any aspect
of the project, either individually or cumulatively, may cause a significant
effect on the environment, regardless of whether the overall effect of the
project is adverse or beneficial, the Planning Director shall either prepare a
Draft EIR or use a previously certified EIR which the Planning Director
determines would adequately analyze the project.
Applicant's Responsibilities. The applicant shall submit all information
determined by the Planning Director to be necessary for the preparation of
• the EIR. In addition, when consultant assistance is required the applicant
shall be responsible for all costs as provided under Sections E and F.,
below.
Consultant Assistance. If consultant assistance is required in the
preparation of a Draft EIR, the procedures contained in Section E., below,
shall be followed.
Notice of Preparation. The Planning Director shall prepare and distribute
a Notice of Preparation as provided by Sec. 15082 of the Guidelines. The
NOP shall be reviewed by the Environmental Quality Affairs Committee
pursuant to City Council Resolution No. 98 -17.
Screencheck Draft EIR. If a consultant is retained to assist the City in
preparing a Draft EIR, the Planning Director may require the consultant to
submit one or more screencheck drafts for review prior to finalizing the
Draft EIR for publication.
Notice of Completion of a Draft EIR. The Planning Director shall prepare
and distribute a Notice of Completion as provided by Sec. 15085 of the
• Guidelines. Copies of the NOC and Draft EIR shall also be provided to
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the Environmental Quality Affairs Committee for their review pursuant to
City Council Resolution No. 98 -17.
Final EIR. After completion of the Draft FIR public review period the
Planning Director shall prepare a Final FIR as provided by Sec. 15089 of
the Guidelines.
Action by the Decision - Making Body. Prior to approval of any project for
which an FIR was prepared, the Final FIR shall be certified as provided by
Guidelines Sec. 15090 and appropriate findings as required by Sec. 15091,
15092 and 15093 shall be—prepared by the Planning Director for
consideration by the decision - making body.
Notice of Determination. Within 5 working days following approval of a
project for which an FIR was prepared, the Planning Director shall
prepare and file a Notice of Determination as provided under Section
15075 of the Guidelines.
E. Consultant Assistance. I*
When the Planning Director determines that consultant assistance is required for
the preparation of an Initial Study, Negative Declaration or FIR, the following
procedures shall be followed:
A. Consultant List. The Planning Director shall maintain a list of consultants
having a sufficient variety of expertise to assist the Planning Director in
the preparation of Initial Studies or EIRs when required.
B. Consultant Selection. When outside assistance is required, a consultant
shall be selected by the Planning Director from the City's consultant list
based on the nature of the project and the expertise of the consultant. If it
is determined by the Planning Director or requested by the applicant that
proposals should be solicited from more than one consultant, the Planning
Director shall prepare and distribute a Request for Qualifications (RFQ) or
Request for Proposals (RFP). Following receipt of proposals or statements
of qualifications, the Planning Director shall evaluate the submittals and
select the best qualified consultant to assist in the preparation of the EIR.
The applicant may submit recommendations regarding the selection of a
consultant, but the final decision regarding consultant selection shall be
made by the Planning Director. .
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C. Scope of Work and Budd. After a consultant has been selected a
detailed scope of work and budget shall be prepared by the consultant
and the Planning Director.
D. Contract Approval and Administration. The proposed scope of work and
budget shall be submitted to the applicant for approval. If the proposal is
acceptable, the applicant shall submit a deposit to cover the consultant
costs plus reasonable City administrative expenses. The consultant shall
not be authorized to commence work until such deposit is received from
the applicant. The amount of the deposit will normally be the total project
budget; however, for large projects the deposit may be made in two or
more payments subject to approval by the Planning Director. After
receipt of the applicant's deposit the Planning Director shall prepare and
execute a contract for consultant services in a form meeting the approval
of the City Attorney, and shall administer the contract through project
completion. At the conclusion of the project any unused deposit shall be
returned to the applicant.
0 F. Fees.
The preparation of an Initial Study, Negative Declaration or EIR shall be subject
to the following fees:
1. For Initial Studies and Negative Declarations prepared by the Planning
Director without consultant assistance, a reasonable fee shall be collected
as established by resolution of the City Council as part of the Planning
Department Fee Schedule.
2. For Initial Studies and EIRs prepared with consultant assistance,
there will be a City fee consisting of 150 of the consultant's fee.
3. No future applications shall be accepted from any applicant, and no
permits or entitlements shall be approved or issued until all prior
indebtedness to the City incurred under this section by such applicants
has been paid in full.
4. The amount of the fee shall become an obligation of the applicant to
the City whether or not the permit or entitlement is issued, or whether or
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not the applicant exercises the right to obtain the permit or entitlement.
Such fees accrue and become payable when the City gives notice to the
applicant of the amount of such fees. This liability shall be enforceable in
any court of competent jurisdiction._ In the event suit is filed by the City,
in addition to the amount of the fee, applicant shall pay reasonable
attorney's fees.
G. Authority of the Planning Director.
The Planning Director shall have authority for the interpretation of CEQA, the
Guidelines, and this policy statement as they may affect any particular activity or
project, including private development projects and -City public works projects.
In addition, the Planning Director shall have authority for the following actions:
1. Determining whether activities are subject to CEQA.
2. Making recommendations regarding the applicability of Categorical,
Statutory and "General Rule" Exemptions for consideration by the
decision - making body.
3. Preparing Initial Studies for projects that are not exempt from CEQA.
4. Preparing and posting proposed Negative Declarations.
5. Preparing and distributing Notices of Preparation and Environmental
Impact Reports for City- sponsored projects and projects for which the
City has approval authority as Lead Agency.
6. Preparing responses to comments on Negative Declarations and EIRs.
7. Preparing draft findings, resolutions and mitigation monitoring programs
for consideration by decision - making bodies.
8. Making recommendations to the Environmental Quality Affairs
Committee, the Planning Commission, the City Council, or other City
officials regarding the requirements of CEQA or the adequacy of
environmental documents.
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9. Reviewing and commenting on Negative Declarations, Notices of
Preparation, Draft EIRs, or other environmental documents prepared by
other agencies.
10. Developing administrative procedures for implementation of CEQA and
these policies.
11. Providing NOPs, NOCs and staff assistance as needed to the
Environmental Quality Affairs Committee.
Adopted - March 26, 1973
Amended - July 23,1973
Amended - September 10, 1973
Amended - May 13,1974
Amended - June 10, 1974
Amended - May 27,1975
Amended - May 10, 1976
Amended - May 23,1977
Amended - August 8,1977
Amended - May 22,1978
Amended - June 23, 1979
Amended - June 9,1980
Amended - January 26, 1987
Amended - October 26, 1987
Amended - January 24, 1994
Amended - March 22, 1999
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RESOLUTION N0. 99-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING THE CITY'S FEE SCHEDULE
FOR MUNICIPAL SERVICES
WHEREAS, the City Council of the City of Newport Beach adopted
Resolution 97 -15 on February 10, 1997 establishing a Fee Schedule for
municipal services; and
WHEREAS, it is the desire of the City Council to consolidate all fees for
service in a single Fee Schedule of municipal services; and
WHEREAS, it is the desire of the City Council to maintain the City's Fee
Schedule in order that it be complete and up to date.
NOW, THEREFORE, the City Council of the City of Newport Beach
resolves as follows:
Section 1. The City's Fee Schedule is amended to include the fees for
service shown in EXHIBIT "A ".
Section 2. The Fees in EXHIBIT "A" shall become effective upon adoption
of this Resolution.
Passed and adopted by the City Council of the City of Newport Beach at
the regular meeting held on the 22 "d day of March 1999.
ATTEST:
CITY CLERK
MAYOR
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