HomeMy WebLinkAbout16 - Council Policy Revisions & Statement of Investment PolicyITEM 16
TO: Members of the Newport Beach City Council
FROM: Dave Kiff, Assistant City Manager
SUBJECT: Council Policy Revisions for 2001 and Public Meeting to Consider
City's Statement of Investment Policy (F -1)
RECOMMENDED (a) Approve the proposed revisions to Council Policies A -2, F -1, F -2, F -3, F-4, F -9,
ACTIONS: F -16, F -17 (old), H -1, 1-2,1-5,1-7,1-12,1-21,1-25, K -1, K -10 (new), L -2, L -6, L -7,
L -8, L -12, and L -16.
(b) Once amended and adopted, affirm Policy F -1 (Statement on Investment Policy).
EXECUTIVE The City Council's Council Policy Manual tells City staff and the Council how to
SUMMARY: address many common issues that arise in the city. The Policy Manual reflects
the wishes of the Council regarding dozens of issues - from appointing
commissioners to trimming trees - that are important to address in a consistent
manner year after year.
The Policy Manual directs the City Manager to conduct a review of the Manual
at least once a year during the first quarter of the calendar year. This Agenda
Item includes suggested changes to about 22 Council Policies generated during
the 2001 review. It also includes the text of the City's Statement of Investment
Polio. Per a State of California requirement enacted after the 1994 Orange
County bankruptcy, the item asks the Council to consider this Policy (as
proposed to be amended) in public at this same public meeting.
SUMMARY: This agenda item contains two parts:
• Part I - The annual review of the City Council's Council Polio Manual (with
recommended changes to 22 separate policies); and
• Part 11- The annual affirmation of the City's Statement of Investment Policy
(Council Policy F -1) as required by California law.
Part 1— Policy Manual Review. Council Policy D -3 directs the City Council to
review the more than 100 "council policies" in the Council Policy Manual
sometime during the first quarter of each calendar year (admittedly, the
recommendations from this Review are about 40 days late this year). These
policies exist to instruct the Council and City staff on how to process a variety of
different issues — from airport and annexations to voice mail and water service
outside the City limits.
This year, the 22 policies proposed for change are summarized in Attachment A.
Many of the proposed changes are minor, but noteworthy changes include the
following:
Newport Beach City Council
Page 2
Finance Committee Recommendations(F -1, F -2, F -3)
The Finance Committee reviewed and recommended changes to F -1 (Statement
of Investment Policy), F -2 (Reserves /Designations of Fund Balance), and F -3
(Budget Adoption and Administration). Noteworthy changes to F -1 include
provisions that:
• Up asset minimums for institutions holding City money.
• Tighten rules for investing in Banker's Acceptances and Commercial Paper.
• Remove separate City limit on amounts that can be invested with the State's
Local Agency Investment Fund (LAIF). Note: the LAIF limit is currently $30
million invested per jurisdiction, with not more than 15 transactions per
jurisdiction per month.
• Reduce from 10% to 5% the amount that the City can invest in LA County
Pool while prohibiting any City investment in the Orange County Pool.
• Increase (from 15`Yo to 25%) the amount that the City can invest in Medium
Term Corporate Bonds and Notes.
• Cap the amount that the City can invest in Asset - backed Securities at 10`Yo.
• Allow City investment in Money Market Funds.
• Prohibit City investment in certain investments and /or securities rated Al or
A+ or below if these securities are on "credit watch "; and
• Reduce cap (from 35% to 30%) of City money that any one investment
management company can hold.
A noteworthy change to F -2 (Reserves) directs that the City's General Fund
Contingency Reserve go from 8.33% of annual General Fund operating
expenditures to 10 %. F -3's changes are intended to conform the Policy with
current City practices.
New or Expanded Revenue Measures (F-4)
The Revenue Manager proposes deleting a reference in F-4 that, whenever a
specific fee is proposed for an increase, directs City staff to submit results of a
survey of fees charged in other cities for a similar service. The Revenue Manager
asserts that this survey is contrary to the City's policy that any City - imposed fee
be based on the City's cost of providing the service without regard to what other
agencies may charge.
City Vehicle /Equipment Replacement Guidelines (F -9)
The General Services Director has requested modifications to F -9 that add some
equipment to the Replacement timing list and recommend the replacement of
certain fire vehicles 5 years earlier than currently suggested.
Ackerman Trust (F -16)
The Human Resources Director proposes changes to F -16 that direct that the
scholarship program envisioned by the Ackerman Trust be extended to any
"needy, qualified" student who resides in Newport Beach, not just the children
of City employees.
Economic Development Policies (F -17 changed and renumbered as K -10)
Assistant City Manager Sharon Wood reports that the Economic Development
Committee (EDC) has reviewed their accomplishments, the Council Resolution
establishing the Committee and the Committee's role in light of the passage of
Page 3
Measure S, as well as the Council Policy on Economic Development (F -17), for
the past several months. EDC determined that parts of F -17 are not appropriate
for Newport Beach today. A report on EDC's accomplishments in 2000 and their
recommended revisions to the Resolution is also on the Council's agenda for this
same April 10, 2001 regular meeting.
Wood reports that the most notable changes to Policy F -17 are:
• Strengthening of the relationship between economic development and the
quality of life for Newport Beach residents.
• Clarification of the City's policy on fiscal and economic impact studies.
• Highlighting programs the EDC believes are important (like improving
commercial areas).
• Deletion of programs that are not relevant to Newport Beach (like advertising
and professional marketing).
• Improved organization of the policy, including a renumbering that would
place F -17 into the Planning Policy Section as new policy K -10.
More specifically, the changes to F -17:
• Added policy statement for consistency with other Council policies.
• Added strategic plan for economic development as part of General Plan.
• Replaced identification of specific businesses with business categories due to
confidentiality requirements.
• Emphasized infrastructure replacement and upgrade needs.
• Clarified use of fiscal and economic impact studies.
• Added advocacy for projects that will benefit the City.
• Changed critique of City's budget practices to review.
• Added business retention and attraction statements.
• Added consideration of relief from City fees.
• Replaced actions to promote land use conversions with revitalization of
older commercial areas.
• Deleted advertising and professional marketing statements.
Harbor Permit Policy (H -1)
The Harbor Resources Division recommends changes to H -1 that refer readers to
the Master Fee Schedule and that refer to the Harbor Resources Division instead
of the Fire and Marine Department.
Public Library Community Room Use (I -21)
The Community Services Director reports that I -21 was redrafted "to provide
additional guidelines for scheduling in response to competing demands for the
facility. The ... changes ensure availability (of the Friends Meeting Room) to the
library, the City, its officers and employees, and to limit interference with the
public's use and enjoyment of the library."
More specifically, the changes in part do the following:
• Require groups of IqO or more to provide an off -site parking plan. Groups
are limited to 150 participants.
• Materials used in advertising meetings or activities conducted in the Friends
Meeting Room must be submitted to the Library to verify that the event is
not advertised or promoted as a City or library activity.
3
Page 4
• No use available on Sundays; and
• Require a certificate of insurance naming the City as additional insured.
General Plan (K -1)
The Planning Director suggests the following changes to K -1:
• Eliminate initiation cycles for GP amendments. Instead of 3 GPA initiation
cycles, the Planning Director suggests that anyone may request an initiation
of an amendment at any time. This will allow the initiation process to be
consistent with how the City actually processes and acts on amendments to
the General Plan. While California State Planning Law sets forth a limitation
on General Plan Amendments to four per year, the City Attorney believes
that this limitation does not apply to Newport Beach as a charter city.
• Substantive changes by City Council. The proposed policy requires the
Planning Commission to report their recommendation on a substantive
change to an amendment by the City Council within 45 days. It also
eliminates the concept of a substantive amendment referred back to Planning
Commission to be accepted automatically. This makes the policy consistent
with standard procedures for the referral of projects back to the Planning
Commission.
• Information required. The proposed policy requires project - specific General
Plan Amendment requests to include submittal of quantified density and /or
intensity and land use information, as well as a conceptual site plan. This
provision has been added in response to comments of the Council and the
Planning Commission during the last several initiation cycles.
• City Amendments. The policy will now have a specific provision for
amendments generated by the Planning Commission and City Council. This
reflects the City's actual practice, and has been added for clarity only.
• Related applications. The Planning Director proposes a provision to require
the submittal of related planning applications for citizen and property owner
requests within 180 days (6 months) of initiation. This will establish a
specific time -frame for submittals, beyond which a new initiation must be
obtained.
Changes to Encroachment Permit Policies (L -2, L -6, L -7, L -8, L -12, L -16)
The Public Works Department submitted several minor changes to the
encroachment policies - most involve changing the policies to reflect current
practices.
Attachment A describes these proposed changes briefly in a spreadsheet format.
Attachment B includes the strikeout and insert version of most of the policies
proposed for change. The Economic Development Policy (F -17 changed to K -1)
is included both in its current form and as proposed to be amended. Community
Services Policy I -21 is presented similarly, since the Library Board of Trustees
changed the style and presentation of the Policy in a substantial way.
y
Page 5
Part II — Affirmation of City's 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 at a public meeting. 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 Council's review of this policy at a public meeting (the May 8, 2001 City
Council Meeting) completes this obligation.
ATTACHMENTS: Attachment A - Summary of Proposed Council Policy Changes
Attachment B - Council Policies - Strikeout and Underline Versions (except I -21
and F- 17 /K -10 - full /new versions)
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2
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.
If an unscheduled vacancy occurs within one year from the expiration of the term, the
City Council has the discretion to appoint a replacement to serve the balance of the
unexpired term plus one full term of four years.
Periodically, situations may arise wherein due to the occurrence of a number of
simultaneously scheduled Board or Commission vacancies, it may be appropriate to
11
A -2
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:
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
4 a Wednesday prior to June, to no sooner than the third
TT�Wednesday 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, no person shall be eligible for
appointment to any one City Board or Commission for more than two consecutive four
year terms, exclusive of a prior appointment to fill an unexpired term. Appointees shall
serve on only one standing City Board, Commission or Committee at any time, with the
exception of individuals who serve on committees as representatives from other City
Boards, Commissions or Committees (i.e. a Planning Commissioner may be seated on
the Economic Development Committee as a representative of the Planning
Commission).
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:
W
A -2
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
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. The Council will vote on all appointments and seats on each Board/ Commission
simultaneously. The voting will be by paper ballot and the City Clerk will
tabulate and announce the results, including the vote tally.
B. Each member of the Council will cast the number of votes as indicated on the
paper ballot for each seat from the list of the nominees. In order to be appointed,
the nominees must receive at least four votes.
C. For boards/ commissions with two vacancies, if two of the nominees receive four
or more votes, they will be automatically appointed.
3
l3
A -2
D. If there is a tie vote, ballots will be distributed to the Council Members to vote for
the tying candidates only.
E. In the event that no one receives four votes, nominees receiving zero or one vote
will be dropped and the Council will cast two votes from the list of the
remaining nominees and the determination will be made as previously stated.
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.
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
Amended - June 26,1978
Amended - March 12,1979
Amended - July 27,1981
Formerly A-4
Amended - November 23,1981
Amended - January 24,1994
Amended - February 26,1995
Amended - August 12,1996
Amended - February 24,1997
Amended - March 22,1999
Amended - July 12,1999
Amended - September 27,1999
Amended - March 14, 2000
Proposed for Revision - April 10, 2001
4
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 as requested. The 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 provide 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
11
15
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 one billion
dollars $500100,000,000 in assets.
A. 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 altefnative, first trust a,.eds having value of 1 50 perEent of 1,
1 f .table „Ilan„ .,1 if appr-oved by the
tetur .....�rxnt er --1�tH investment ,....
c,..,.;ees Pireet .. , a case by ease 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:
21
1�
F -1
1. The institution must maintain at least $1 billion in assets ($100 million for
fully insured CD's of $100,000 or less).
2. The institution must have been in business at least three years.
3. The institution must have a net worth to asset ratio of at least 6 percent.
4. The institution must place and maintain on file with the City an audited
financial statement not more than one year old.
5. Interest shall be paid to the City on a monthly basis.
B. 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.
C. Bankers Acceptances
The City may invest only in Bankers Acceptances issuedwAtteFt by the 100
largest banks in the world, which are eligible for purchase by the Federal Reserve
System, the short term paper of which is rated at the highest category by
Moodv's and Standard & Poor's.- In the case of foreign banks, the Bankers
Acceptances must be written by their U.S. branches. Maximum maturity shall be
nine Fnon hs180 days. No more than 30 percent of the City's overall investment
portfolio shall be placed in Bankers Acceptances, with no more than 1.0 percent of
the City's portfolio invested in the banker's acceptances of any one commercial
bank.
D. U.S. Treasury Issues
31
F -1
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.
E. Federal Agency Securities
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.
F. Commercial Paper
The City may only invest in commercial paper issued by large, exceptionally
,well i;;hedwell- established firms (firms with assets greater than $1 billion
and their subsidiaries) organized and operating in the United States with the
highest Moody's or Standard & Poor's ratings (A1 /P1). Commercial paper shall
be used solely as a short -term investment not to exceed 180 180 days.
Additionally, not more than 15°e percent of the portfolio shall be invested in
commercial paper with a maturity beyond 30 days. Another 154 ep rcent may be
invested in commercial paper if the entire amount invested in commercial paper
has a weighted dollar average maturity of less than 31 days' ith a .....turir,. 4
less than 20 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.
G. 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.
4
F -1
Assets n--ast be owned by the Qty The City must own assets for more than 30
days before they can be used as collateral for a reverse repurchase agreement
No more than 10%-percent of the portfolio can be involved in reverse repos..
51
Ir
F -1
H14. 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.
I. Local Agency Investment Fund (LAIF) (State of California)
State Regulation currently limits any one City's investment in this fund to $2-9-30
million at any one time, and prohibits more than 1$15 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. U RR
J. County Investment Funds
Beth Orange and-Los Angeles Countyies provides a service similar to LAIF for
municipal and other government entities. B^t'oz. o —4ie%- This Funds isare
available to certain cities outside of Los Angeles County, including Newport
Beach. Investment in these this pools is intended to be used as a temporary
repository for short -term funds used for liquidity purposes. At no time shall
more than 445 percent of the City's total investment portfolio be placed in either
of vrthese Peclsthis Pool.
The Citv shall not invest funds with the Orange County Pool.
K. Medium Term Corporate Bonds/ 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 15254 percent 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. As an
additional restriction, not more than 10 percent can be invested in "A, "rated
securities, and none of those investments shall exceed two vears to maturitv.
a
F -1
L. 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. No more than 10 percent of the
City's investment funds shall be placed in securities of this type.
M. Municipal Bonds
Municipal bonds rated AAA, or AA and insured, are acceptable investments for
the City. Not more than 1546 ie� rcent of the portfolio shall be in investments of
this type.
N. Monev Market Funds
The City may invest in Money Market Funds subject to the following constraints.
Investment in these funds is primarily intended for short -term "sweep account"
purposes, not for longer -term investments.
1. Shares of beneficial interest issued by diversified management companies
that are money market funds registered with the Securities and Exchange
Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-
1.
2. The company shall have met either of the following criteria:
(a) Attained the highest ranking or the highest letter and numerical rating
provided by not less than two nationally recognized statistical rating
organizations.
( Retained an investment adviser registered or exempt from registration
with the Securities and Exchange Commission with not less than ten years'
experience managing money market mutual funds with assets under
management in excess of one billion dollars ($1,000,000,000).
3. The purchase price of shares of beneficial interest purchased shall not include
anv commission that the companies may charge.
71
F -1
4. No more than 20 percent of the City's investment portfolio shall be invested
in money market funds.
5. The City shall not invest in funds the market value of which is or has been
less than $1 per share.
PROHIBITED INVESTMENTS
Consistent with California Government Code 53601.6, inverse floaters, range notes
mortgage derived interest -only strips, or any security that could result in zero interest
accrual if held to maturity are specifically prohibited except to the extent that they are
shares of diversified management companies registered under the Investment
Company Act of 1940.
The City shall not purchase any security rated Al and or A+ or below if that security
has been place on "credit watch' for a possible down g ade by either .Moody s Investor
Services or Standard and Poor's.
Investments not specifically approved by this policy are prohibited.
ASSET/ 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
45-30 percent of the City's total investment portfolio be placed in any one investment
management account_ it is the intent of this " li for as ifiEati Purposes, that
no mere than 20 percent 4 the City's total inves4pients will be l ; ed ip . .. ....
account. In order to implement this requirement, the City's portfolio assets
will be reallocated annually tframon 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
F -1
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, or the security is placed on negative credit
watch where downgrade could result in a rate drop below acceptable levels _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 City Council will be advised of the situation and intended course of
action by e-mail or fax.
REPORTING REQUIREMENTS
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 & Poop'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 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.
a
�.3
Adopted - April 6,1959
Amended - November 9,1970
Amended - February 11, 1974
Amended - February 9,1981
Amended - October 27,1986
Rewritten - October 22,1990
Amended January 2A r 1904
Amended -January 9,1995
Amended - April 22,1996
Corrected - January 27,1997
Amended - February 24,1997
Amended - May 26,1998
Amended - January 28,1991 Reaffirmed - March 22,1999
Amended - January 24,1994 Reaffirmed - March 14, 2000
Reaffirmed March 1 n 2000
Amended - March 27, 2001
F -1
10
RESERVES/ DESIGNATIONS OF FUND BALANCE
PURPOSE
F -2
To establish City Council policy for the administration of financial reserves and fund
balances.
DISCUSSION
A. Background. Prudent financial management dictates that some portion of the
funds available to the City be reserved for future use. Future uses are
categorized as either pre - planned projects or unforeseen financial emergencies.
B. Structure and Funding of Reserves. This Policy establishes Reserve Accounts or
designated Fund Balance levels for moneys being held in reserve. In addition,
the sources and eventual use of Reserve Funds are set forth.
It is the policy of the City Council that each Reserve identified herein is to be
fully funded as part of the annual budget process. If operational or other
considerations require the City Council to temporarily override this policy
during any fiscal year, the City Manager will recommend to the City Council a
plan to restore any Reserves falling below required minimum levels. Reserve
levels will be restored as soon as practical, but in not more than 5 years.
Each of the City's fiscal reserves is established and maintained for one of four
purposes listed in general order of importance below. If the reserve
requirements of this policy are unmet in any fiscal year, the City Manager will
recommend funding prioritization to the City Council as part of the Budget.
C. Use of Reserves. Governing Parameters regarding use ef funds-in—Reserve
Aeeeunts is est The City Council decides whether
to appropriate funds from Reserve Accounts. Even though a project or other
expenditure qualifies as a proper use of Reserves, the Council may decide that it
is more beneficial to use current year operating funds or bond proceeds instead,
thereby retaining the Reserve funds for future use. Reserve Funds will not be
spent for any function other than the specific purpose of the Reserve Account
from which they are drawn without a separate City Council Resolution
approving that specific action. Information regarding Annual Budget Adoption
and Administration is contained in City Council Policy F =3.
1
2.r
F -2
D. Categories of Reserves.
1. Accounting Reserves. Generally accepted governmental accounting
practices require identification of generic reserve funds for certain
purposes. These accounts represent the unspendable portions of fund
balance, such as inventories and long term receivables, as well as funds
that are legally restricted by some external source, such as debt service
reserves and encumbrances. Reserving funds for a contract awarded in
one year but not completed until a succeeding year is one example of an
accounting reserve for encumbrance.
2. Contingency Reserves. Contingency Reserves represent funds for
unexpected financial emergencies. One example requiring the use of this
Reserve is the adverse impact of natural disasters such as earthquake or
flooding on revenue availability, as well as increased demand for City
services. Other examples are unexpected loss or reduction of a key
revenue source; special projects, programs, or price changes mandated by
another government entity; and emergency capital projects needed to deal
with unforeseen structural failure.
3. Designated Reserves. These Reserves are designated for known or
anticipated events. Such events require large, non - recurring financial
outlay, such as the replacement of systems and equipment or major capital
improvements.
4. Stabilization Reserves. Stabilization Reserves enhance the orderly
management of the Operating Budget by stabilizing revenues and
expenditures, which fluctuate beyond the ability of City staff to control or
predict. One example is the annual change in retirement contribution
rates mandated by the Public Employee Retirement System (PERS). Other
examples are changing prices for utilities and fuel, as well as the volatility
in certain special program funding. These Reserves provide stability by
"smoothing out" year to year volatility in the City's finances.
FUNCTION AND ADMINISTRATION OF RESERVE ACCOUNTS
Reserves are identified below by fund, category and specific function. The specific
numbers of accounts where these Reserves are physically located change from time to
time as the overall account structure is updated and modified. However, the Fund
Balance Statement, which is available for ready reference in the City's Annual Budget
2
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F -2
document, identifies balances, past -year activity, and projected current year activity for
each of these Reserves.
A. General Fund.
1. Accounting Reserves.
a. Reserve for Inventories. The value of inventories purchased by the
City but not yet issued to the operating Departments is reflected in
this account.
b. Reserve for Debt Service. Funds are placed in this Reserve at the
time debt is issued. The provisions governing the Reserve are
established in the Bond Indenture, and the Reserve itself is
controlled by the Trustee.
C. Reserve for Long Term Receivables. This Reserve is used to
identify and segregate that portion of the City's financial assets
which are not due to be received for an extended period, so are not
available during the budget year.
d. Reserve for Encumbrances. This Reserve accommodates spending
for contracts or other items, which are legally committed but not
expended by fiscal year end.
2. Contingency Reserve. This Reserve has a target balance of ^nom
(142-)not less than ten percent (10 %) of annual General Fund eperating
expenditures. The City Council authorizes expenditures from this
Reserve.
3. Designated Reserves.
a. Capital Improvement. Generally accepted governmental
accounting practices do not provide for the depreciation of assets of
Governmental Funds such as the General Fund. Therefore, special
procedures are required to set aside money (a "sinking fund ") for
replacement or renovation of fixed assets such as, but not limited
to, City Hall and Police Department buildings, Fire Stations, and
Library Branches.
31
GJI
F -2
The Capital Improvement Reserve will accumulate funds only for
infrastructure items financed through the General Fund.
Infrastructure assets of Enterprise Funds, as well as those of
Governmental Fund, for which non - general fund money is
available, are not components of this Reserve. Funds from this
Reserve are restricted to replacement or acquisition of periodic,
major projects or improvements typically exceeding .7°6 ep rcent of
the annual General Fund Operating Budget (not including capital
projects). Projects for which this Reserve is intended generally
have the effect of extending the useful lives of infrastructure items.
The City Manager will update the status of items of the General
Fund infrastructure inventory on an annual basis. Included as part
of the City Managers budget proposal will be a plan to fund this
Reserve at a level of not more than one hundred percent (100 %) of
the replacement cost of each asset by the year in which replacement
is anticipated.
b. Senior Citizen Site. This Reserve is established by Council Policy
I -5, which specifies that ten percent (10 %) of revenue collected from
rental of facilities at the Oasis Center be set aside for equipment
replacement and /or refurbishment at the Center.
C. Park Fees. This Reserve contains Park Fees collected by the
construction permit process. Use of Park Fees is governed by
Council Policy I -1, which limit their expenditure to park, open
space, and recreational facilities.
d. Off Street Parking. Newport Beach Municipal Code 12.44.025
establishes this Reserve and governs its administration. Fifty
percent (50 %) of parking meter revenue collected in designated
areas is set aside for acquisition, development, and improvement of
off street parking facilities within those areas.
e. Neighborhood Enhancement Reserve. Newport Beach Municipal
Code 12.44.027 establishes this account and governs its
administration. Funds for the Neighborhood Enhancement
Reserve are derived from designated parking meters and used for
enhancement of services to designated areas.
11
F -2
f. Helicopter Replacement. Each year the Police Department will
budget operating funds sufficient for the orderly replacement of
police helicopter assets. These funds will be transferred to the
Helicopter Replacement Reserve until eventually appropriated by
the City Council for a replacement helicopter.
g. Paramedic Program (Hoag). This Reserve was established by the
City in conjunction with debt issuance agreements with Hoag
Hospital. In addition to the original amount(s) deposited to this
reserve, effective July 1, 2000, any excess revenues generated by
this program, after accounting for General City Overhead of 15
percent, shall be deposited to this reserve account for future
paramedic related purposes, to a maximum of $250,000. Funds in
this reserve account may be used for any paramedic related
purpose as directed by the City Council. Target level for this
reserve is 25 ep rcent of the annual budget for operations and
capital expenditures.
h. Recreational Instruction Reserve. City Council Policy I -2
establishes reserves for surfboard replacement and refurbishment,
development of tennis courts, and development of new recreational
activities. The Policy requires twenty percent (20 %) of gross annual
revenues derived from specified recreational classes be set aside.
4. Stabilization Reserve. The Stabilization Reserve has a target balance of
two percent (2 %) of the budgeted expenditures within the General Fund.
Each year, the City Manager will analyze uncontrollable revenues and
expenditures. When expenditures are required from this Reserve, the City
Manager will note the reasons in the preliminary and final budget. The
Stabilization Reserve may have subdivisions.
B. Water Fund.
(City Council Policy L -20 contains additional information concerning budgeting
and rate setting within the Water Fund.)
51
F -2
1. Contingency Reserve.
a. Water System Reserve. This Reserve is used for emergency repair
to the water system. The target level for this Reserve is 25%-percent
of the annual budget for operations and capital expenditures.
2. Designated Reserves.
a. Future Water Infrastructure Reserve. This Reserve is used for large
designated projects that are part of the water distribution system.
System replacement/ upgrade and most improvement/ major
maintenance projects are funded within that amount. However,
certain large -scale projects are projected on a ten -year horizon,
which is updated and refined each year. The purpose of this
Reserve is to set aside partial funding for those projects in advance.
Included as part of the City Managers annual budget proposal will
be a plan to fund this Reserve at a level of not more than one
hundred percent (100 %) of the projected cost of planned projects by
the year in which contract award is anticipated. Projected future
costs notwithstanding, a minimum of five percent (5 %) of the
annual budget for operations and capital expenditures will be set
aside to this reserve each year. The City Council must approve the
ultimate fund transfer from this Reserve to a designated Water
Enterprise Fund Capital Project Account as part of the Budget
process.
C. Wastewater Fund.
1. Contingency Reserve.
a. Wastewater System Reserve. This Reserve is used for emergency
repair to the Wastewater system. The target level for this Reserve is
334 percent of the annual budget for operations and capital
expenditures.
2. Designated Reserve.
a. Future Wastewater Infrastructure Reserve. This Reserve is used for
large designated projects that are part of the City's Wastewater
L
3�
F -2
system. Funds are reserved for large -scale future projects, which
cannot be accommodated within the annual budget of the year in
which they are planned. In the years prior to estimated contract
award, the City Manager's budget proposal will include a plan to
set money aside in this Reserve sufficient to accumulate not more
than one hundred percent (100 %) of the projected cost of such
projects.
D. Internal Service Funds.
Internal Service Funds receive moneys from departmental operating budgets.
There are two Internal Service Funds: the Equipment Maintenance and
Replacement Fund, and the Insurance Reserve Fund.
One of the functions of Internal Service Funds is to act as reserve accounts.
1. Equipment Maintenance and Replacement Fund. The Equipment
Maintenance and Replacement Fund receives operating moneys from the
Departments to provide equipment maintenance and to fund the regular
replacement of major pieces of equipment (mostly rolling stock) at their
economic obsolescence.
a. Equipment Maintenance Account. In order to provide adequate
funds for unexpected extraordinary costs due to damage or
mechanical failure to a large piece of equipment, five percent (5 %)
of the total annual budget for equipment maintenance is retained in
the Fund.
b. Equipment Replacement Account. Departmental operating funds
are charged amounts sufficient for the replacement of rolling stock
in accordance with Council Policy F -9. Equipment replacement
needs vary from year to year; therefore the year -end Fund balance
will fluctuate. It will increase substantially in the years preceding
major purchases or when an unusually large percentage of the fleet
is scheduled for replacement. The City Manager annually
determines and adjusts the rates for collection of funds from the
Departments based on pricing, future replacement schedules, and
other variables.
7
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F -2
2. Insurance Reserve Fund. The operating budgets of City's Departments
are charged for Liability, Workers' Compensation, and Compensated
Absences.
a. Liability and Workers' Compensation Accounts. These accounts
each serve three purposes:
Payment of insurance premiums;
Payment of the deductible (self- insured retention) for liability or
workers' compensation claims;
Reserve for future claims.
i. Collection of Funds. Each year, the City Manager will
determine and adjust the internal collection rates from the
Departments.
ii. Short Term Expenditures. The Budget will account for
projected expenditures during the coming year.
iii. Future Costs. Money will be set aside each year to
accommodate projected long term cash outflow. The annual
funding level will be sufficient to offset the estimated cost of
known claims. Resolution of most claims fall within a three -
year window. At this time, the target fund balance each year
is fifty percent (50 %) of the estimated overall liability for
known or anticipated claims, based on the City's general
experience in the past.
3. Compensated Absences.
a. Background. Employee benefits such as accumulated flex leave,
vacation leave, and sick leave, have a cash value. Accounting
practices require that the book value of the City's compensated
absences liability reflect the cash outflow as if all absences were
cashed out immediately. Much of this cash outflow will never
occur, since the benefits will be taken in the form of time off, rather
than cash. Additionally, the cash outflow could occur all at once
E.
F -2
only if the City dissolved and made full payment for all
accumulated leave amounts.
The largest portion of leave -to -cash conversion is at an employee's
retirement. That amount can be estimated with reasonable
accuracy.
b. Policy and Practice. The City will fund an appropriate amount, but
not the entire long -term book liability, for compensated absences.
i. Each year, the City Manager will project the amount of
expected short -term cash liability for compensated absences
and budget expenditures from the Compensated Absences
Account.
ii. The City Manager will establish a target closing balance that
will fund not less than twenty-five percent (25 %) of the long-
term liability for compensated absences.
Adopted - January 24,1994
Amended - April 10, 1995
Amended - April 27,1998
Amended - March 14, 2000
Amended - March 27, 2001
a
33
BUDGET ADOPTION AND ADMINISTRATION
PURPOSE
F -3
To establish the policy for the preparation, adoption, and administration of the City's
Annual Budget.
POLICY
A. Organization and Development of the Annual Budget. Each year the City shall
prepare and adopt, by formal Resolution, an annual budget as required by the
City's Charter and as provided for in the City's Budget Instructions.
The City programs expenditures by into four classifications. These are
Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital
Expenditures. Capital Expenditures are subdivided into Capital Outlay, which is
generally used for items of operating equipment or other purchases in excess of
$500.00, and Capital Projects, which generally deal with Public Works related
improvements for a distinct and identifiable purpose and function.
Budgeted Expenditures for all there our classifications are aligned in the Budget
Document by Department Budget Units, which usually coincide with Operating
Divisions within the City's organizational structure; and, separately, by Capital
Projects. Therefore within each Division Budget, there will be sections for
Salaries and Benefits, Maintenance and Operations, Other Charges, and Capital
Outlay. The section dealing with Capital Projects, which are identified by Fund
and purpose, is located after the Division Budgets.
During December of each year, the Administrative Services Department shall
prepare preliminary fund balance estimates for the current year and preliminary
revenue estimates for the next fiscal year. _:--In January of each year, the
Administrative Services Department shall prepare a budget calendar and issue
budget instructions and expenditure detail to each department for use in
preparation of the next year's City budget. Included in these instructions will be
budget guidelines and appropriation limits for each department. These
guidelines will be developed by the Administrative Services Director and
approved by the City Manager. In accordance with City Council Polio
(Reserves/ Designations of Fund Balanced the status and possible changes in
Reserve Accounts shall be addressed as part of this process.
1
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F -3
After submission of revenue and appropriation requests by each department, the
Administrative Services Department shall summarize the requests for review by
the City Manager and Department Heads depa}t4nent. After review by the City
Manager and 4epartmetA the Administrative Services
Department shall prepare the City's proposed budget for the next fiscal year and
shall submit said proposed budget to the City Council as required by the City's
Charter and the Budget Instructions. Thereafter, the City Council shall hold as
many budget study sessions as it deems necessary. Council budget study
sessions shall be recorded. All proposed Council changes in the City Manager's
proposed budget shall be added to a budget checklist. Subsequent to Council
review and prior to its final adoption, the City Manager shall provide each
Council Member with an itemized list of all proposed changes to permit a roll
call vote by the City Council on each item during the budget hearting at ffie
reg+4ara Council meeting.
The City Council shall hold a budget hearing and shall adopt a budget on or
before June 30 as required by the City Charter.
B. Administration of the Annual Budget. During the budget year, Department
Heads and their designated representatives may m^•om— authorize only those
ex}�ea'z -i a?ts —e penditures that are based on appropriations previously
approved by City Council action, and only from accounts under their
organizational responsibility. In addition, budget expenditures may only be
authorized in the year appropriated. Any unexpended appropriations, except
valid encumbrances, expire at fiscal year end unless specifically reappropriated
by the City Council for expenditure during the new fiscal year. Department
Heads are responsible for not authorizing expenditures above budget
appropriations in any given area, without additional appropriation or transfer as
specified below.
1. New Appropriations. During the Budget Year, the City Council may
appropriate additional funds for special purposes by a City Council
Budget Amendment. The City Manager has authority to approve requests
for budget increases not to exceed $1,2000 in any Budget Activity or
Capital Project. (This must be specifically included in each year's Budget
Resolution to remain valid.)
"
F -3
32. Donations. The City Manager may accept donations or grants of up to
$5,000 on behalf of the City and appropriate the funds for the purpose
intended. The City Council will be formally notified of such actions on a
quarterly basis by way of a Council Meeting agenda information item.
(This provision must be specifically included in each year's Budget
Resolution to remain valid.)
3. Transfers. During the fiscal year, actual expenditures may exceed budget
appropriations for specific expenditure line items within departmental
budgets. if a total departmental budget within a specific Classification is
not exceeded, the Administrative Services Director has the authority to
transfer funds within that Classification and department to make the
most efficient use of funds appropriated by the City Council. (Salaries
and Benefits, Maintenance and Operations Other Charges and Capital
Outlav are the Citv's three four Classifications.)
4. Realignments. Further, funds may be realigned between one Department
Budget Activity and another, within the same Classification, with City
Manager approval. For example, if a Fire & � ^�a=,e Department function
and the employee who accomplishes it are replaced by a slightly different
function assigned to the Police Department, the City Manager may
authorize the transfer of appropriate salary and i-, nef funds to support
this function.
5. Reprogramming. Any reprogramming of funds among the three
Classifications (Salaries and Benefits, Maintenance and Operations, and
Capital Outlay) within a given fund requires the City Manager's approval
Any budget revision that changes the total amount budgeted for any fund
(other than the minor provisions contained in paragraphs B.1. and B.6.b.)
must be approved by the City Council. '
approval by Budget Amendment. The CityManager ffia), authorize up to
$30,900 into or out of > Classification witkin, any r budget
S-30,099 requires Qt�' Council appEoval.
3I
F -3
6. Capital Projects. The Department Head having primary responsibility for
a Capital Project; (usually the Public Works Director) is authorized to
aetua4 -encumber and approve subsequent expenditure of City funds for
Capital Projects. However, contracts in excess of $30,000 require specific
City Council authorization at the time of contract award. In addition, any
contracts not of format and wording already approved by the City
Attorney require specific City Attorney review and approval prior to
contract award.
Once a contract has been awarded, change orders may be approved by the
Public Works Director, or other Department Head having responsibility
for the Project, so long as the net total amount committed to the Project
remains below 11036 ercent of the original contract award amount; and
so long as the original amount appropriated for the Project by City
Council is not exceeded. Change orders exceeding those thresholds may
be approved by the City Manager as follows:
a. Total project spending may not exceed 12546-percent of the
original contract award amount without City Council
approval.
b. The total amount authorized for a project may be increased
by transferring funds from one Project to another, so long as
the new total does not exceed 110°6 ercent of the original
amount appropriated by Council.
In all instances, notification of any changes to capital project contract
amount or budget authority must be communicated to the Administrative
Services Director.
All unexpended and unencumbered capital projects will be canceled on
June 30 of each fiscal year. The appropriation balance of these canceled
projects will be p!aeed— recorded in a— the °Reserve for Capital
PrejeEtslmprovements or another appropriate Reserve Account Uv the
Administrative Services Director at fiscal year end (see also paragraph C -2
belov, All_S'zEh canceled i-4e. must et with other projects for
41
F -3
7. Reserves. Funds from unappropriated contingency reserves may be
transferred to active Classification accounts only by City Council Budget
Amendment.
C. Additional City Council, City Manager, and Administrative Services Director
Responsibilities. The Administrative Services Director is responsible for
checking purchase requests against availability of funds and authorization as per
the approved Budget. The City Manager is responsible for approving
expenditures which do not conform witkto the approved Budget, but which fall
within the exceptions noted in this policy statement. It is the responsibility of the
City Manager to administer the City's budget within the framework of policy
and appropriation as approved by the City Council.
1. Special City Council Expenditure Approval. Once the final Budget has
been approved by the City Council, specific City Council approval to
make expenditures consistent with the Budget will not be required, with
two exceptions (see also Purchasing and Accounts Payable Procedures):
a. Capital Projects in excess of $30,000.
b. Consultant Contracts in excess of $30,000.
All other budget administration actions, including the routine filling of
vacancies in staff positions authorized within the Budget, will not require
further City Council approval. However, new positions and other new
expenditures do require City Council approval, and the City Council and
City Manager reserve the right to impose any special fiscal control
measures, including a personnel hiring freeze, and other spending
controls, whenever circumstances warrant. Since the annual Budget is
approved by formal Resolution, a request by a City Council Member for
review of a portion or portions of the Budget, with a view toward
changing amounts' appropriated or the purposes for which they were
appropriated, requires a majority vote of the City Council.
51
F -3
2. At fiscal vear end, the Administrative Services Director is authorized to
realign, reprogram, and /or transfer money among accounts within each
Fund in order to close the books of accounts of the City of Newport Beach
in accordance with generally accepted overnmental accounting
principles as established by the Government Accounting Standards Board,
Government Finance Officers Association, and other appropriate
accounting or auditing pronouncements. Any net shortage within a Fund
will be recorded as a decrease in Fund Balance and reported to the City
Council. Anv net excess will be recorded as an increase to one or more
appropriate Reserve Accounts as recommended by the Administrative
Services Director and approved by the City Manager. (Information
regarding appropriation of Funds from the Reserve Accounts is contained
in Citv Council Policy F -2.)
Adopted - January 24,1994
Amended - February 27,1995
Corrected - February 26,1996
Amended - May 13,1996
Amended - May 26,1998
Amended - August 8, 2000
Amended - March 27, 2001
Formerly F -10, F -11, F -12, and F -21
a
10
Cj
NEW OR EXPANDED REVENUE MEASURES
Memo=
In order that budget preparation may proceed on an orderly basis with
adequate time given to consideration of all matters, and in order to
establish a basis for staff recommendations on revenue matters, the
following policies are established.
A. Revenue measure changes may be processed at any time during the
entire fiscal year. However, the normal procedure will be to introduce
them at the outset of the of active budget preparation process. Changes
should ordinarily become effective at the start of the new fiscal year.
B. Special services, which can be identified with the recipients, will be self -
supported from service fees to the maximum extent possible. Service fees
shall be established in compliance with applicable State law, and shall be
periodically reviewed for compliance with applicable State law.
C. Every reasonable effort will be made to establish revenue measures
which will cause the transients and recreation visitors to Newport Beach to
carry a fair portion of the expenses incurred by the City as a result of their
use of public facilities.
D. At the outset of the budget cycle, and when requested by the
Administrative Services Director, each department shall provide the
Administrative Services Department a listing of the fees imposed by
department. This listing shall identify the estimated costs to the City in
providing the product or service associated with each fee as well as any
recommended revision in the fee. ^ survey of the similar fee charged °
ifies shall ac-eempany any fee l for- r-evisionz
E. The Administrative Services Department, with the assistance of the
initiating department, shall present for City Council review any new or
revised revenue measures. The Administrative Services Department shall
endeavor to consult with private individuals, business groups and
q0
individual business persons on the economic impact any recommended
revenue measure changes may have on them, including but not limited to
the City's Economic Development Committee and the Newport Harbor
Area Chamber of Commerce. Their response, the estimated costs to the
City in providing the product or service and the recommended revision to
the revenue measure shall be included in the information forwarded to the
City Council.
F. Whenever possible, any revenue measure that requires a public hearing
will be held in conjunction with the public hearing on the proposed
budget.
Adopted - August 26,1968
Reaffirmed - November 12,1968
Reaffirmed - March 9,1970
Reaffirmed - February 14,1972
Reaffirmed - December 10, 1973
Reaffirmed - November 11, 1974
Amended - January 24,1994
Amended - February 27,1995
Corrected - February 26, 1996
Amended - May 26,1998
Amended - May 8, 2001
Formerly F -13
CITY VEHICLE/ EQUIPMENT REPLACEMENT GUIDELINES
PURPOSE
F -9
To establish the policy to insure that the full service life of each City vehicle or item of
equipment is achieved and that uniform guidelines be implemented among all
departments.
POLICY
It shall be the policy of the City that the replacement of all motor vehicles shall be
normally based on the following schedule:
Police Patrol/ Traffic Vehicles
75,000 miles or 4 years
Police Motorcycles
60,000 miles or 5 years
Beach Vehicles
4 Years
Sedans and Station Wagons
80,000 miles or 8 years
Pickup Trucks (1/4 to 3/4 Ton)
85,000 miles or 9 years
Vans, excluding Paramedic Vans
80,000 miles or 8 years
Paramedic Vans
80,000 miles or 6 years
Heavy Trucks (1 Ton and larger)
100,000 miles or 9 years
Refuse Trucks
100,000 miles or 8 year
Paint Stripers
9 years
Beach Cleaners
8 years
Street Sweepers
8 7 years
Small Boats
10 years
Small Emergency Boats
12 years
Large Emergency Boats
25 years
Heavy Equipment
10 years or 5,000 hours
Trailers
12 years
Refuse Transfer Trailers
66years
Vactors /Sewer Rodders
10 years
Welders, Saws, Pumps
42 10 years
Saws
10 dears
Transfer Equip (Radios/ Beacons)
8 years
Fire Engines/ ontline
1-5 10 years
Fire Eagines/Reserve
Fire Trucksa
Fire Trucks Rese °e
20 years
20 15 years
25 }Fears
1
iIn
F -9
After these milestones are reached, the General Services Department shall inspect the
equipment annually to determine the appropriateness of replacing the vehicles. Factors
to consider include, but are not limited to, maintenance and upkeep costs, fuel
efficiency, etc.
Adopted - December 14,1992
Amended - January 24,1994
Amended - March 27,1995
Formerly F -26
Amended - XXXXX xx, 2001
`a
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ACKERMAN TRUST
PURPOSE
f2- i('0
To establish City policy for the distribution of the proceeds of the income from the Ackerman
Property.
POLICY
Per the terms of the Carl Ackerman Family Trust, the proceeds of the lease revenue for certain
property in McFadden Square is to be divided between the University of California, Irvine, and
the City of Newport Beach. The proceeds are to be distributed as follows:
Sixty (60) percent of the proceeds are to be distributed to the University of California, Irvine, to
be used for scholarship funding for needy qualified students.
Forty (40) percent of the proceeds are to be distributed to the City of Newport Beach to be used
in the following manner:
Seventy-five (75) percent of the City's share shall be used to acquire high -tech library
equipment.
Twenty-five (25) percent of the City's share shall be used for scholarship funding for
needy qualified students. This scholarship fund shall be open to children of City
employees and to a child who resides in Newport Beach.
The following procedures are established to meet the terms of the Ackerman Trust.
The City shall deposit all proceeds from the lease of Ackerman property into an expendable
trust fund. Periodic payments shall be made from this expendable trust fund, to the University
of California, Irvine, in the amount of sixty (60) percent of the proceeds. Periodic payments shall
be made from this expendable trust fund to the City of Newport Beach Library Fund in the
amount of thirty (30) percent of the proceeds to be used for the acquisition of high tech library
equipment. Periodic payments shall be made from this expendable trust fund to the City of
Newport Beach Scholarship Fund in the amount of ten (10) ppereent of tl pTdS to be
fer- schelaFship funding for needy qualified students.
It shall be at the City's discretion what high tech library equipment to acquire, and how to
award the scholarship funds to needy qualified students.
Adopted - January 24,1994
Amended - May 8, 2001
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ECONOMIC DEVELOPMENT POLICY
The City Council recognizes that the City's ability to deliver quality municipal services is
dependent on adequate tax revenues derived primarily from the property and businesses
located within the City. Healthy, thriving businesses not only increase sales and bed
taxes, but also enhance the value of commercial property and hence property taxes.
Residential property values also increase commensurate with employment opportunities.
The City Council seeks to promote economic activity within the City to increase the
revenues available to provide municipal services. The goal of the City Council is to
balance the needs for Economic Development with other City polices and ordinances
relating to health and safety, environmental protection, and infrastructure maintenance.
Consistent with this goal, the City Manager under the general direction of the City
Council Ad Hoc Economic Development Committee shall insure that appropriate City
departments conduct the following activities.
DATA AND ANALYSIS
Data shall be compiled and analysis conducted to:
A. Identify those businesses and activities which comply with other City plans and policies
and which also generate substantial municipal revenues.
B. Identify, where possible, specific addresses and owners of businesses and economic
activities which generate municipal revenues.
C. Estimate taxes, fees and other municipal revenues from various land use categories
including residential densities.
D. Display geographic distributions of revenue generators within certain areas and retail
centers within the City.
E. Maintain a fiscal impact analysis system to assess the fiscal impact of land use
conversions and development.
F. Estimate the time required to issue various permits, entitlements and licenses within
the City.
G. Assess cost /revenue aspects of tourism within the City.
H. Assess potential of City property and assets to promote those businesses and activities
that generate municipal revenues.
I. Provide, when necessary, assistance to the City Council and City staff to accomplish
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the purposes of this Policy.
J. Provide an overview of City revenues and expenditures to enable the public to
critique the City's budget practices.
REGULATORY AND LAND USE ACTIONS
Based upon the data and analysis referenced above, all major planning, development,
zoning, regulatory and permitting decisions made by the City shall include a review of the
economic implications of such action. Toward that end, the following shall be
accomplished.
A. Major development projects and General Plan amendments shall include an economic
development component.
B. All major zoning, subdivision and development permits considered by the City Council
or Planning Commission shall be accompanied by an economic analysis describing the cost
and revenues to the City associated with the actions. Land use conversions shall be
accompanied by a before and after cost /revenue analysis.
C. Cost estimates of City imposed conditions on development projects that are provided
by project sponsors shall be reviewed by the City Council or Planning Commission at the
time such conditions are considered.
D. All amendments proposed by the City to building, construction and utility
codes/ regulations shall be accompanied by an analysis of the costs associated with
compliance with such amendments.
E. Project proposals shall be evaluated as early as possible in the permitting process to
determine their potential to generate substantial municipal revenues and to determine
what measures, if any, may be employed to fast track the proposal.
BUSINESS RELATIONS AND MARKETING
It is the policy of the City Council that developers, businesspersons and other private
individuals shall be consulted on the economic cost of various decisions made by the City.
Further, the City Council desires that efforts be made to attract and retain those
businesses and economic activities, which serve to increase municipal revenues in a
manner consistent with other City plans and policies. To further this policy, the following
shall be accomplished.
A. City representatives shall meet periodically with the various Chambers of Commerce,
business groups and individual business owners to assess the economic impacts of City
regulations, to explore areas of financial mutual interest and to provide, where possible,
City assistance to retain in the City those businesses, which generate municipal revenues.
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B. The City shall provide a forum for groups and individuals seeking relief from City
regulatory actions as a means to increase profitability.
C. The City shall consider the appointment of a staff economic development coordinator
who may also serve as a business development facilitator or a project ombudsman.
D. The City shall consider actions to assist priority economic development projects obtain
approvals from other regulatory agencies.
E. The City shall consider ordinances or other means to provide financial incentives such
as sales tax rebates to attract revenue generating businesses and activities to the City.
F. The City shall consider actions to promote land use conversions and improvements such
as redevelopment, assessment districts, loan programs, etc.
G. The City shall develop a comprehensive marketing and public relations program to
attract and retain revenue generating businesses and activities. The program shall:
1. Create and maintain a comprehensive market - related database (e.g. labor
pool, land /housing cost, community assets, etc.) for distribution to
businesses.
2. Develop and update professional marketing materials including
advertisements, promotional brochures, City exhibits, media kits, videos,
and maps, perhaps incorporating a promotional theme and logo in all
such materials.
3. Develop a prospect response system including reception team, tour and
materials.
4. Consider a public relations plan including advertising and editorial
placement, participation in conferences and trade shows, media campaign,
direct mail and special events.
5. Encourage joint marketing efforts with outside groups such as real estate
brokers, developers, utilities, Visitors and Convention Bureau and other
economic development groups.
6. Increase local and regional business and citizen awareness of economic
development goals and activities.
Adopted - March 22, 1993
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Amended - January 24, 1994
Formerly F -28
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RETURN TO CITY OF NEWPORT BEACH HOME PAGE
Page 4 of 4
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HARBOR PERMIT POLICY
HARBOR INSTALLATIONS GENERAL
A. Shore connected piers and floats bayward of residential zoned areas shall be reserved for the
occupants of the abutting upland property and controlled by the Harbor Permittee. Vessels
moored at residential piers shall not create a nuisance with regard to vehicle parking, vessel
waste, liveaboards, or noise disturbances to adjoining residents.
B. Shore connected piers and floats bayward of commercial -zoned areas may be used by
persons other than the occupants of the abutting upland property.
C. Only piers, floats, certain patio decks and their appurtenances shall be permitted between the
bulkhead and pierhead lines.
D. No private piers shall be permitted at street ends.
E. In R -1 zones, only a single pier and float or slip shall be permitted bayward of each parcel or
lot.
DEFINITIONS
A. The term "Pier" shall mean any fixed or floating structure for securing vessels, loading or
unloading persons or property, or providing access to the water, and includes wharf, dock,
float, or other landing facility, and dry dock.
B. The "Harbor Lines" are established Bulkhead, Pierhead, and Project Lines.
C. The "Bulkhead Lines," as established, shall define the limit of solid filling or solid structures.
D. The " Pierhead Lines," as established, shall define the limit for pier and float -type structures.
E. The 'Project Lines" shall define the channel lines of the improvements and by the Federal
Government in 1935 -36.
F. The term "Liveaboard" shall mean the use or occupancy of a vessel for living quarters either
permanently or on a temporary basis for a period exceeding 3 days.
G. The term "Standard Drawings" refers to Standard Drawings adopted by the City of Newport
Beach as minimum standards of construction whenever harbor permits are required.
H. The term "Design Criteria" refers to Design Criteria adopted by the City of Newport Beach as
minimum standards for design whenever harbor permits are required.
I. The term "Mean Low Low Water" is abbreviated, M.L.L.W., and refers to the lowest tide of the
daily two -tide cycle.
H
PERMITS REQUIRED
A. No person or agency shall build, maintain, extend or make structural alterations on any
building, pier, piling, bulkhead, sea wall, reef, breakwater, or other structure in, upon or over
the waters of Newport Harbor or the Pacific Ocean or any other water where the tide ebbs and
flows within the City, or do any filling, excavating or dredging in said waters or ocean, without
first obtaining a written "Harbor Permit" to do so from the City's Fire and Marine
Depar-tfnentHarbor Resources Division.
B. The Orange County District may do construction work or fill or dredge within Newport
Harbor, or cause the same to be done, without such a permit so long as such work is done
pursuant to a harbor development plan on lands not owned by the City or pursuant to a request
therefore by the City Council.
C. A separate permit will be required by the Building Department for any bulkheads,
cantilevered decks, and plumbing and electrical work on harbor structures.
GENERAL PROVISIONS FOR HARBOR PERMITS
A. Ac�tance of Provisions. It is understood and agreed by the Permittee that the doing of any
work under the permit shall constitute an acceptance of all the provisions.
B. Permit from Other Agencies. The party or parties to whom the permit is issued shall,
whenever the same is required by law, secure the written order or consent to any work
hereunder from the U.S. Corps of Engineers, California Coastal Zone Commission, or any other
public body having jurisdiction, and the permit shall be suspended in operation unless and
until such order or consent is obtained.
C. Transferring Permit. The permit is not transferable without the written consent of the City of
Newport Beach.
D. Inspection. Bulkheads, cantilevered decks, plumbing and electrical work are subject to
inspection by the Building Department for conformity with the Uniform Building Code. Piers,
ramps, floats and pilings are subject to inspection by the Public Works Department.
E. Protection of Traffic. Adequate provisions shall be made for the protection of the traveling
public. Barricades shall be placed on streets with lights at night, also flagmen employed, all as
may be required by the particular work in progress.
The Permittee shall not attempt to forbid the full and free use by the public of all navigable
waters at or adjacent to the work or structure. If the display of lights and signals on any work
hereby authorized is not otherwise provided by law, such as lights and signals, as may be
prescribed by Bureau of Light Houses, Department of Commerce, shall be installed and
maintained at the expense of the Permittee.
Structures shall be so constructed as not to obstruct, interfere with or prevent the free use or
passage of any sidewalks, street, alley, public way or navigable channel.
50
F. Liability for Damages. The Permittee is responsible for all liability for personal injury or
property damage which may arise out of work herein permitted, or which may arise out of the
use or possession of said works, and in the event any claim is made against the City of Newport
Beach or any department, officer, or employee thereof, though, by reasons of, or in connection
with such work, permittee shall defend, indemnify and hold them and each of them, harmless
from such claim.
G. Revocation of Permit. The rights given under this permit are permissive only and the City of
Newport Beach reserves full right, power and authority to revoke this permit at any time. In the
event the Permittee fails to remove said works within the time specified, then the Fire an
Mar -it+e AepartaiefftHarbor Resources Division shall have the right to immediately remove
same at the cost and expense of the Permittee.
H. Repairs. The Permittee shall keep the structures in good repair at all times. Failure to repair,
when written notice has been given by the Harbor Resources
Division, shall be cause for the revocation of the permit.
1. Pollution Control. The Permittee shall maintain the area delineated on the harbor permit free
and clear from beached or floating rubbish, debris or litter at all times. Adequate safeguards
shall be maintained by the Permittee to avert any other type of pollution of Newport Harbor
from recreational and /or commercial use of the tidelands. Failure to comply with the
provisions of this section shall be cause, after written notice has been given to the Permittee by
the City, for the revocation of the permit. When unusual circumstances arise with respect to the
collection of debris or litter, the City Manager may authorize by the use of City forces or by
contract the removal of said debris.
J. Rights to Impose Rental or Other Charges. The approval of the foregoing permit by the City of
Newport Beach shall not constitute a waiver of any rights which it may now have or hereafter
have to impose rental or other charges in conjunction with the maintenance of the proposed
facility and user of the same. The imposing of tidelands rental, or use, fees shall not be extended
to include private residential piers and slips, constructed and used solely by the abutting
uplands owner for recreational purposes, unless otherwise directed by State mandate.
K. In those areas of the harbor where the piers and floats are bayward of residential zoned areas
and are reserved for the occupants of the abutting upland property, liveaboards shall not be
permitted.
L. Special Event Permits. If a Harbor Permittee proposes a use of the harbor installation, other
than that allowed by the Newport Beach Municipal Code or the Council Harbor Permit Policy,
he /she must first obtain a "Special Event Permit" as provided by Section 510 of the Newport
Beach Municipal Code. Upon issuance of the Special Event Permit, the City of Newport Beach
may impose conditions on the permit to assure that the proposed use does not affect the health,
safety or welfare of the residents of Newport Beach.
(�I
ISSUING OF PERMITS
A. The Fire and Marine Peparbnet+fflarbor Resources Division is authorized to approve and
issue new permits and revisions to existing permits that conform to the standard harbor
drawings and the adopted Harbor Permit Policy in conjunction with plan reviews by the Public
Works Department and the issuance of a Building Department permit when applicable.
B. Prior approval of the U.S. Corps of Engineers will be required before issuing any permit.
Application to the U.S. Corps of Engineers may be made on forms provided by the U.S. Corps
of Engineers.
C. Prior approval of Orange County will be required when work extends over tidelands
claimed by the County.
D. Before issuing a Harbor Permit, for any work on oceanfront beaches or for any unusual type
of harbor structure, or for a structure on which the applicant proposes a use that is not in
keeping with the surrounding area, all property owners or long term lessees within 300' of the
proposed work shall be notified in writing by the Harbor
Resources Division of the pending application. Notice will be sent ten (10) days prior to a
decision by the Harbor Resources Division, and after the
Department has rendered a decision. The permit shall not be issued until the appeal period
provided in Newport Beach Municipal Code Chapter 17.24 has run.
E. A written permit for maintenance is required from the Harbor
Resources Division for any structural or work where the cost for such work, including labor and
materials, would normally exceed $200. Painting, replacement of rub -rails and work considered
cosmetic in nature does not require a permit.
F. Prior to the issuance of a permit, the applicant will show proof of coverage as required by the
Longshoremen's and Harbor Worker's Compensation Act.
APPLICATION FOR HARBOR PERMITS
A. Applications for authority to erect, revise and do maintenance work on structures shall be
submitted to the Fife and Mmrine Departinent!HLarbor Resources Division upon forms provided
therefor. Plans showing the location, extent and character of the proposed work and required
fees shall accompany the application.
B. The application must be signed by the fee owners or any long -term lessee of the abutting
upland property. Long -term lessee shall be defined as a party having a leasehold on the
property for a period greater than 5 years.
C. Applications for joint ownership piers shall be signed by all fee owners or any long -term
lessee of the abutting upland properties.
PLANS TO ACCOMPANY PERMIT APPLICATIONS
A. Plans accompanying the application will form a part of the permit and must be carefully
prepared in the form prescribed.
B. Number of plans submitted shall be determined by the Harbor
Resources Division, Public Works Department and Building Department, depending on the
nature of the work.
C. Plans shall include the following:
1. Date of drawing and origin.
2. Location and dimension of proposed structure including piles and location of existing
structures on adjacent properties.
3. Location of bulkhead, pierhead, and project lines.
4. Location of U.S. Bulkhead stations.
5. Location of property lines.
6. Location of channel markers.
7. Lot sizes and lot numbers.
8. Existing ground profile beneath proposed structure.
9. Elevation of top and bottom of bulkheads and piles with respect to M.L.L.W.
10. Area and profile of any proposed dredging with elevations showing depths with
respect of M.L.L.W.
11. Any existing conditions affecting the construction or docking operation.
12. Construction design details, PLANS, SUBSTANTIATING CALCULATIONS AND
SPECIFICATIONS FOR piers, pier platforms, ramps, floats, pilings, etc., as prescribed by
the Public Works Department.
D. Drawing size shall be 8-1/2" x 11 ",11" x 22 ", or 21" x 31 ".
E. Scale shall be adequate to clearly show the above information.
F. Existing structures shall be shown in light dashes. New work shall be shown in heavy solid
lines.
l�
EXPIRATION OF PERMIT
A. The time limit for the completion of all work authorized by a permit shall be 180 days from
date of approval.
B. All permits shall expire unless the work contemplated shall have been completed within the
time limit specified.
C. If the work contemplated has been started and diligently prosecuted but not completed in
the time limit specified, a time extension may be granted by the F' -^ and Marin
Depa A- entHarbor Resources Division upon receipt of a written request from the Permittee.
BOND REQUIREMENTS
If the nature of the proposed work is such that if left incomplete it will create a hazard to human
life or endanger adjoining property, a cash bond or surety bond satisfactory to the City
Attorney in the sum of 100 percent of the estimated cost of the work will be required to
guarantee the faithful performance of the proposed work.
TRANSFER OF PERMITS
A. Permits for harbor structures are issued subject to the condition that any improvements
constructed shall not be sold in whole or part, leased, or transferred, without the written
consent of the City.
B. Whenever a permittee sells the abutting upland property, a request shall be made to the City
to transfer the permit. Forms for this purpose may be obtained from the u'-^ ^41e
PeparbnenFHarbor Resources Division. Failure to apply for a transfer within 30 days from the
date that the abutting upland property changed ownership will result in an additional fee by
the City.
C. The F'°••^ and Marine Pe °°`i^ Harbor Resources Division is authorized to approve
transfers to the new owners or long -term lessee of the abutting upland property.
D. Prior to the transfer of a Harbor Permit, all harbor structures shall be inspected for
compliance with the City's minimum plumbing, electrical and structural requirements, and the
conditions of the existing permit. All structural deficiencies must be corrected prior to the
transfer of the permit. A fee will be charged for this inspection, established by Resolution of the
City Council.
SI
DREDGING
A. All dredging will require a permit from the Fire and Marine DepartmeR Harbor Resources
Division and may be subject to engineering approval by the Public Works Department.
B. Major dredging outside the established harbor lines will require prior approval by the Eire
and Marine PepafttRen Harbor Resources Division and the U.S. Corps of Engineers.
C. Maintenance dredging bayward of residential and commercial property shall be the
responsibility of the Harbor Permittee for the zone delineated by the bayward prolongations of
upland side property lines and the U.S. Project line.
FEES
A. INITIAL PERMIT FEES
Less than 20% replaceffient.
0
the existing striaEbare, a new permit will be required.
The Harbor Resources Division may charge the fees identified in the Master Fee
Schedule for initial permits and for pier fees. Initial 1ernut fees do not include Building
Department fees, but they do include Public Works Department fees.
O Building Department pe ffnit fees are of knel .d,.d in the „r.oye
4-P. Publ:,. I.eL.rks Department ent fees are :4.,.1.. .Jed in the al. Ewe
B. PIER FEES
Annual pier fees are due and payable on 1 March in accordance with the €ellewingschedule
identified in the Master Fee Schedule.-
a a s
1. marl All commercial piers over City Tide and Submerged Lands will be billed
annually as follows:
a. Permittees having commercial piers over City Tide and Submerged Lands
shall, for 1994 -95, pay an annual rent of 2misidentified in the Master Fee
Schedule per- or each square foot of permit area (base rental).
b. Annual rent shall be paid on or before March 1.
c. The Base Rental shall be adjusted annually to reflect the increase or decrease in
Consumer Price Index (CPI) for
4, 4989 and eading Nevember 30, 4990, and each twelve month period'-
- ,-her=eafter -.
The CPI (all urban consumers, all items) for the Los Angeles -Long Beach -
Anaheim, California area as published and released by the Bureau of Statistics
for the U.S. Department of Labor shall be the index utilized for calculating the
rental adjustment.
d. The base rental shall be recalculated every ten years pursuant to an appraisal
commissioned by the City of Newport Beach. In determining the value of tide
and submerged lands, the appraiser shall consider the fact that commercial use
of publicly owned tidelands is economically feasible only in conjunction with
privately owned uplands.
e. All appraisals shall be conducted by an MAI appraiser(s) with membership in
the American Institute of Real Estate Appraisers and experienced in assessing the
value of tidelands.
f. The provision of this subsection shall not apply to tidelands subject to a written
lease requiring the payment of rent based on gross receipts.
5�
STANDARD DRAWINGS
The following Standard Drawings have been approved and are on file in the Public Works
Department:
recast Reinforced Concrete Groin Panel
Dwg.
No. STD -600 -L
etail For Raising Bulkheads
Dwg.
No. STD -601 -L
rand Canal - Platform and Steps Type I
Dwg.
No. STD -602 -L
rand Canal - Platform and Steps Type II
Dwg.
No. STD -603 -L
Ingle or Joint Residential Use Gangway
Dwg. No. STD -604 -L
Ingle Residential Use Float Without Pier
1Dwg.
No. STD -603 -L
Angle Residential Use Float West Newport Channels
Dwg. No. STD -606 -L
ommercial Pier and Float Installation
Dwg.
No. STD -607 -L
Ingle Residential Use Float With Pier
Dwg.
No. STD -608 -L
Ingle or Joint Residential Use Pier Sections
Dwg.
No. STD -609 -L
Ile Details
Dwg.
No. STD -610 -L
ye Bolt For Boat Anchorage
Dwg. No. STD -611 -L
angway Hanger Bracket
Dwg.
No. STD -612 -L
atum Planes
wg. No. STD -613 -L
[Natural Sand Profiles in Newport Harbor
IDwg.
No. STD -614 -L
DESIGN OF STRUCTURES
A. Design of harbor structures that do not conform to the Standard Drawings contained within
"Design Criteria and Standard Drawings for Harbor Construction," needs the approval of the
Public Works Department prior to the issuance of a harbor permit.
B. Harbor structures shall be designed in accordance with design criteria adopted by the City of
Newport Beach and contained within "Design Criteria and Standard Drawings for Harbor
Construction."
C. The decking of all piers and pier platforms shall not exceed an elevation of 9.0 M.L.L.W. nor
be less than an elevation of 8.0 M.L.L.W.
JOINT OWNERSHIP PIERS
A. Permits may be granted for joint ownership piers at the prolongation of common lot lines
subject to the following conditions:
1. No permits will be granted to persons other than the owners or long -term lessee of the
abutting upland properties.
i )�
2. The permit application must be signed by the fee owners or long -term lessee of all
abutting upland property having access to the facility.
3. The permit shall provide that all parties shall have equal rights under the permit and
shall be held jointly responsible for compliance with all rules, regulations, and
conditions set forth in the permit.
B. The policy for setbacks applies to joint ownership piers with the exception that the slips,
floats and piers may extend over the common property line.
I *II a14am f ;�
A. All bulkheads in residential districts shall be installed on the established bulkhead line or at a
location behind the bulkhead line that would preserve the design profile of the harbor. Any
retaining or ornamental wall installed landward of the bulkhead line shall be considered a
bulkhead if it also serves to contain the waters of the harbor and shall be processed in the same
mariner as if it were on the bulkhead line.
The Harbor Resources Division may issue permits for bulkheads,
between U.S. Bulkhead Station Numbers 112 -109 not to exceed the bayward side of the
"Vacated East Bay Avenue." U.S. Bulkhead Station 104 for the addresses at 2209, 2223, 2227,
2231 and 2233 Bayside Drive: Staff recommendation for a bulkhead at these properties shall not
exceed a point bayward of the average high tide line established at a point 40 feet landward of
the face of the bulkhead at the property at 2137 Bayside Drive, and then on a straight line from
that point to the bayward most point of the bulkhead at the property at 2301 Bayside Drive.
B. Bulkheads shall be at the existing height established for the area and shall be connected to
adjacent bulkheads. In cases where no adjacent bulkhead or bulkheads exist, a wing wall or
wing walls shall be constructed from the bulkhead landward adequate to contain the fill behind
the bulkhead constructed from the bulkhead landward adequate to contain the fill behind the
bulkhead. No solid or masonry structure shall be constructed on a bulkhead.
C. The height and design of all bulkheads and wing walls shall be subject to the design and
construction standards of the Building Department.
D. All bulkhead permits may be subject to a detailed construction drawing being approved by
the Building Department. Drawings signed by a Civil or Structural Engineer may be required
and shall clearly show the following:
1. Exact location of bulkhead and anchor blocks.
2. Top and bottom elevations.
3. Design loads and any surcharge loading.
4. Depth of dredging and any sounding data.
5. Details of returns or connection to existing walls.
6. Any special conditions affecting bulkhead construction or design.
E. The bulkhead shall not be used to support any structure on the abutting upland property
unless the bulkhead has been properly designed to carry the additional loads.
F. In areas where there is existing development and it is of direct benefit to the City to have a
bulkhead constructed, the City may contribute 1/3 of the cost of constructing a bulkhead across
street ends.
PARKING REQUIREMENTS
A. All commercially operated boat docking facilities shall provide 0.75 parking stalls for each
single boat slip and 0.75 parking stalls for each 25 feet of available mooring space not classified
as a slip.
B. For dry boat storage areas, 0.33 parking stalls shall be provided for each storage space
available.
C. For floating dry docks, at least two (2) off - street parking stalls shall be provided exclusively
for each dry dock.
D. All parking shall conform to the City of Newport Beach off - street parking standards.
E. Commercial Activities Permits
1. On-site Parking
a. On -site parking shall be provided as follows:
i. Charter vessels: one parking space for each three occupants, including
crewmembers;
ii. Sport fishing vessels: one parking space for each two occupants,
including crewmembers.
b. Said on -site parking shall be provided on the adjoining upland property. If
adequate parking is not available on -site, all or a portion of the required parking
spaces may be provided at an off -site location, subject to the approval of the Fire
and MariRe ChieiAssistant City Manager and the Planning Director. The use of
an off -site lot shall not be approved unless:
i. Such is so located as to be useful in connection with the use of the
vessel.
ii. Parking on such lot will not create undue traffic hazards in the
surrounding area.
iii. Such lot and the adjoining upland property are in the same ownership
and the owner is entitled to the immediate possession and use thereof.
Ownership of the off -site lot is defined as ownership in fee or a leasehold
interest of a duration adequate to serve the proposed commercial activity.
c. When a vessel will not offer services to the general public, all or a portion of
the required parking may be provided at a remote off -site location, if
transportation is provided from the off -site parking location to the site where the
vessel is moored. Parking for the shuttle vehicles must be provided near the site
where the vessel is moored unless said vehicles will be stored at the remote off -
site location at all times when not in use.
d. If the use of the off -site parking location is approved, the owner(s) and the
City shall execute a written instrument (the form and content of which is
acceptable to the City Attorney) providing for the maintenance of the required
parking spaces on such lot for the duration of the commercial activity. Said
instrument shall be recorded in the office of the County Recorder prior to
issuance of a Commercial Harbor Activities Permit, and copies thereof shall be
filed with the Fire and Marine Departmen HHarbor Resources Division.
SAFETY REQUIREMENTS
A. All commercially operated boat docking facilities shall be equipped with fire fighting
facilities as specified by the Fire and ^ Chief of the City of Newport Beach.
B. Any electrical service upon any pier, dock or float shall be installed under a permit obtained
from the City of Newport Beach Building Department.
C. Any domestic water service upon any pier, dock, or float shall be installed under a permit
obtained from the City of Newport Beach Building Department.
D. All commercial piers, floats or docks used for the loading of passengers, shall be lighted in
such a manner as to provide an illumination level of 0.5 -foot candles for all areas used for the
loading of such passengers.
SANITARY REQUIREMENTS
A. A permit for a pier, dock or float shall not be issued until the rough plumbing for the
dwelling unit or the required restrooms serving such pier, dock or float, has been installed and
approved by the City Building Inspector. The use of a pier, dock or float will not be allowed
until restroom facilities are completed and in operation.
B. All public or private commercially operated shore - connected boat anchorages shall have a
minimum of two restroom facilities, one for women and one for men, for each 20 boat slips or
boat berths available in the anchorage area. The minimum walking distance from the farthest
boat berth to the restroom facility shall not exceed 400 feet.
is
C. Sewage Pumping Facilities.
Permission may be granted to install and operate sewage pumping facilities for boats moored to
shore - connected structures providing such installations are first approved by the Fire ra te
Marine Depar-tfnet+tHarbor Resources Division.
In requesting approval, the following information must be submitted in letterform to the Are
and Marine Departawn Harbor Resources Division:
1. The name and address of the person responsible for the installation;
2. The name and address of the manufacturer of all pumping equipment;
3. A complete description of the materials and the pumping equipment to be used;
4. An 8" x 11 ", or larger, sketch clearly showing the location of the sewage discharge
lines, the connection to the sewer system, and the area to be served.
F��1- 11:7071.9
A. All piers and floats for residential properties shall be set back a minimum of five feet from
the projection of the property line.
B. All piers and floats for commercial properties may extend to the projection of the property
line.
C. The projection of the property line bayward of the same bearing from the bulkhead shall
generally be used in determining the allowable setbacks for piers and floats. Because there are
certain physical conditions which preclude the strict application of this policy without prejudice
to adjoining properties, special consideration will be given to areas where precise projections of
the property line have not been determined and the following conditions exist:
1. Where property lines are not approximately perpendicular to the bulkhead line.
2. Where curves or angles exist in the bulkhead line.
3. Where bridges, topography, street ends or publicly owned facilities adjoin the
property.
MOORINGS
A. Boats moored at private or public docks shall not extend beyond the projection of the
property lines of the property to which the dock facility is connected in accordance with Section
20-C.
B. Any boat moored at a pier, dock, or float shall not extend bayward a distance of more than
the width of its beam beyond the pier, dock or float.
C. Mooring Fees for both onshore and offshore moorings shall be set annually by Resolution of
the City Council.
BALBOA ISLAND
No new, non - commercial piers on Balboa Island shall be recommended unless it is in the public
interest or unless it is at such a location that it is not usable for swimming or bathing. Piers
presently in use may be repaired but recommendations for any additions or remodeling shall be
restricted to such changes that do not lessen the use of either the immediate water or land areas.
Whenever any application to install a new, non - commercial pier is to be taken under
consideration, all occupants within 300 feet of the proposed work shall be notified in writing by
the Fire and Marine Pepaytrae #Harbor Resources Division.
*BAYWARD LOCATION OF PIERS AND FLOATS
A. U.S. Bulkhead Sta. No. 107 to No. 109. Piers will be permitted to extend out to the U.S.
Pierhead Line. Creosote anchor piles will be permitted in this section.
B. U.S. Bulkhead Sta. No. 109 to No. 110. Piers may be permitted to extend 16 feet channelward
of the U.S. Pierhead Line.
*Based on Harbor Regulations adopted by the City Council on December 15,1941.
C. U.S. Bulkhead Sta. No. 110 to 112. Piers will be permitted to extend out to the U.S. Pierhead
Line.
D. U.S. Bulkhead Sta. No. 112 to No. 113. Piers will be permitted to extend out to the U.S.
Pierhead Line. Commercial piers between "A" Street and Adams Street will be subject to special
permits approved by City Council.
E. U.S. Bulkhead Sta. No. 113 to 114. Piers shall be subject to a special permit approved by the
Fir„ ^•, a Mari,,^ Pepa,.tmei4 Harbor Resources Division.
F. U.S. Bulkhead Sta. No. 114 to No. 119. Piers will be permitted to extend to the U.S. Pierhead
Line.
G. U.S. Bulkhead Sta. No. 119 to No. 120. Piers may permitted to extend 20 feet beyond the U.S.
Pierhead Line.
H. U.S. Bulkhead Sta. No. 120 to No. 221. Piers may be permitted to extend 20 feet beyond the
U.S. Pierhead Line.
I. The Rhine. Special permits approved by the r ^ ^-•a "r^ R^ n ^^ `^ ^^ Harbor Resources
Division shall be required for construction of piers in the Rhine, extending northerly from U.S.
Bulkhead Sta. No. 120.
J. U.S. Bulkhead Sta. No. 122 to No. 125. Piers or boat slips may be permitted to extend 20 feet
channelward of the U.S. Pierhead Line.
K. West Newlort Channels. Piers may be permitted in the Rivo Alto, the Rialto, and the channel
lying westerly of Newport Boulevard. Piers, slips, and floats will be permitted to extend
channelward a distance of 30 feet maximum from the channel lines in the Rivo Alto, the Rialto,
and the channel lying westerly of Newport Boulevard. Property extending to the ordinary high
tide line, with a frontage exceeding thirty (30) feet will be allowed 1 -foot increase in float width
parallel to the Pierhead Line, for each additional 2 feet frontage.
The piers, slips and floats in Balboa Coves shall not extend into the channel a distance greater
than 30 feet from north line of channel shown on Tract 1011. Floats. Up to 20 feet in length may
extend into the bay the 30 feet from the said line of waterway; however, for floats over 20 feet in
length, the 30 feet distance shall be reduced 1 -foot for each 2 feet added to the length of the
float. The maximum permissible length of float shall be 30 feet. (Second paragraph of
Sec. 23 (k) added by Resolution No. 6139.)
L. U.S. Bulkhead Sta. No. 226 to No. 227. Piers or boat slips will be permitted to extend to the
U.S. Pierhead line.
M. U.S. Bulkhead Sta. No. 227 to 128. Piers or boat slips will be permitted to extend to the
bulkhead line.
N. U.S. Bulkhead Sta. No. 128 to No. 130. Piers or boat slips will be permitted to extend to the
U.S. Pierhead line.
O. U.S. Bulkhead Sta. No. 130 to No. 131. Piers or boat slips may be permitted to extend 20 feet
channelward of the U.S. Pierhead Line.
P. Upper Bay. Piers or boat slips may be permitted to extend to the pierhead lines as shown on
Harbor Lines Map approved by City Council and on file in the Public Works Department.
Q. U.S. Bulkhead Sta. No. 132 to No. 137. Pier or boat slips will be permitted to extend to the
U.S. Pierhead Line.
R. U.S. Bulkhead Sta. No. 137 to east property line of Beacon Bay Subdivision. Piers shall be
granted under special permits approved by the Harbor Resources
Division to extend 16 feet beyond the U.S. Pierhead Line.
S. East Property Line of Beacon Bay Subdivision to U.S. Bulkhead Sta. No. 104. Piers may be
permitted to extend 20 feet channelward of the U.S. Pierhead Line.
T. U.S. Bulkhead Sta. No. 104 to No. 106. Piers shall be subject to special permits approved by
the Fire and r a •in • Departme ^Harbor Resources Division.
(03
U. Bav Island. Piers will be permitted to extend to the U.S. Pierhead Line on the west, northerly
and easterly sides of the Island. Piers will not be permitted on the north side of the channel
south of Bay Island.
V. Balboa Island. All new piers shall be subject to special permits approved by the i=ae an
Marine DepaftmextHarbor Resources Division. Revisions to existing piers will be permitted
providing they do not lessen the use of either the immediate water or land areas.
1. South Bay Front East of U.S. Bulkhead Sta. No. 256. Piers may be permitted to extend
16 feet channelward of the U.S. Pierhead Line. Dredging around floats shall not exceed a
depth of 4 feet a mean lower low water along a line 85 feet channelward of and parallel
to the bulkhead line.
2. South Bav Front between U.S. Bulkhead Sta. No. 256 and No. 259. Piers may be
permitted to extend 10 feet channelward of the U.S. Pierhead Line. Dredging around
floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet
channelward of and parallel to the bulkhead line.
3. South Bay Front from Emerald Avenue Northwesterly to the Westerly Prolongation of
the Northerly Line of Lot 5, Block 1, Resubdivision of Section 1, and Balboa Island. Piers
will be permitted to extend to City pierhead line. Dredging around floats shall not
exceed a depth of 2 feet at mean lower low water along a line 45 feet channelward of and
parallel to the existing concrete bulkhead.
4. North Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S.
Pierhead Line, except where a pier line has been established by the City. Dredging
around floats shall not exceed a depth of 2 feet at mean lower low water along a line 60
feet channelward of the parallel to the U.S. Bulkhead Line or the existing concrete
bulkhead.
5. East Bay Front. Piers may be permitted to extend 10 feet channelward of the U.S.
Pierhead Line northerly of the northerly line of Park Avenue and 16 feet channelward of
the U.S. Pierhead Line southerly of the northerly line of Park Avenue. Dredging around
floats shall not exceed a depth of 2 feet at mean lower low water along a line 60 feet
channelward of and parallel to the bulkhead line.
W. Collins Isle. Piers will be permitted to extend to the U.S. Pierhead Line on the southwest and
west side of Collins Isle. No piers will be permitted on the north or east side of Collins Isle.
X. Harbor Island. Piers will be permitted to extend to the U.S. Pierhead Line. Special permits
approved by the Harbor Resources Division will be required for
piers northeasterly of Lots 14,15,16 and 36.
Y. Lido Isle. Piers may be permitted to extend out to the U.S. Pierhead Line, except on the
westerly side between U.S. Bulkhead Sta. No. 172 and No. 174. Piers may be permitted to
extend 20 feet beyond the U.S. Pierhead Line between U.S. Bulkhead Sta. No. 172 and 174.
1. Piers and floats will not be permitted in the beach area along the northerly side of
Lido Isle between the easterly line of Lot 849 and the westerly line of Lot 493.
2. Piers and floats will not be permitted in the beach area along the southerly side of
Lido Isle between the easterly line of Lot 919 and the westerly line of Lot 457.
Z. Linda Isle. Piers or boat slips will be permitted to extend to the pierhead lines as shown on
Harbor Lines Map approved by City Council and on file in the Public Works Department.
EXCEPTIONS
Exceptions may be approved to any of the requirements and regulations set forth if there are
special circumstances or conditions affecting the harbor installations that would impose undue
hardship on the applicant, or a waterfront property owner's access to the water is impacted by a
public works project, or if it would be detrimental to the best interest of the City.
SIGNS
A. No signs shall be permitted beyond the bulkhead lines with the exception of the following:
1. Informational and directional signs of service to the public such as fuel, gasoline, live
bait, ice, beer and similar signs which in general list services and commodities but do
not advertise a specific brand.
2. Brand name signs which are customarily a part of a fuel pump or a vending machine
installation.
B. No sign permitted beyond the bulkhead lines shall exceed 4 square feet in total area.
STORAGE LOCKERS
Storage lockers and boat boxes may be installed on shore - connected piers and floats subject to
the following limitations:
A. The overall height shall not exceed 30 inches when located bayward of residential property
zones.
B. The overall height shall not exceed 30 inches when located bayward of commercial and
industrial property zones where the piers and floats are used primarily for the mooring of
pleasure boats.
C. The overall height shall not exceed 60 inches when located on facilities bayward of
commercial and industrial zoned property where the use is not primarily for the mooring of
pleasure boats.
The overall height shall be measured from the deck of the pier or float to the top of the storage
locker.
(Sec. 26 adopted as Sec. 2 of Addendum No.1 by Resolution No. 6041.)
RACE COMMITTEE PLATFORM
Race committee platforms and instruction platforms may be constructed bayward of the
bulkhead lines at recognized yacht clubs and recognized sailing schools. All work shall require
issuance of a Harbor Permit.
ENCROACHING PIERS AND FLOATS
In areas where existing piers and floats encroach in front of abutting upland property owned by
others, a new permit, shall be required upon:
A. Any change in type of existing use of the piers and floats.
B. Any change in type of existing use of the abutting upland property owned by the permittee.
C. Any change of existing ownership of the abutting upland property owned by the permittee
or upon the death of the permittee.
D. Any destruction of the pier and float in which over 60% of the replacement value of the pier
and float has been destroyed.
Before the F' ^^ and Marine D partmen Harbor Resources Division acts on the new permit, the
owner of the abutting upland property, in front of which the harbor facility encroaches, shall be
notified in writing of the meeting in which the new permit will be considered.
PATIO DECKS
In areas where the waterways are privately owned, and within Promontory Bay, patio type
decks may be cantilevered beyond the established bulkhead lines subject to the following
conditions:
A. The maximum projection of patio decks encroachments beyond the bulkhead line shall be
limited to 5 feet.
B. The minimum setbacks from the prolongations of the side property lines shall be 5 feet.
C. No float shall be permitted within 2 feet of the decks.
D. No permanent structure shall be permitted on the projecting portion of the patios except:
1. Planters and benches not over 16 inches in height.
2. Railings not over 42 inches in height with approximately 95% open area.
FLOATING DRY DOCKS
A. Permits for floating dry docks may be considered by the Fire ^^ a Marine De-pa �! arbor
Resources Division, subject to the following conditions:
1. The location is in waters bayward of commercial, manufacturing or unclassified
zones.
2. The prior approval of a Use Permit by the Planning Commission.
B. Permits for floating dry docks are issued for one location only. A new permit must be
obtained to move a floating dry dock from one location to another location within the harbor.
PROMONTORY BAY
The following conditions are to be placed on each harbor permit when approved:
A. That the permittee shall be responsible and maintain the area delineated on the harbor
permit free and clear from floating rubbish, debris or litter at all times.
B. That the permittee shall be responsible for all maintenance dredging, in accordance with the
design profile for Promontory Bay, for the area between the bulkhead line and pierhead line as
delineated by the harbor permit.
GRAND CANAL
A. The following conditions are to be in effect and placed on each harbor permit for the Grand
Canal:
1. That the permittee shall be allowed either one pier platform, or in lieu thereof, two
shore mooring type appurtenances per lot. Pier platforms and shore moorings shall be
constructed according to "Design Criteria and Standard Drawings for Harbor
Construction" adopted by the City of Newport Beach.
2. That all vessels (maximum length 18 feet) moored in the Grand Canal shall be tied off
to pier platform structures or shore moorings. Floating platforms or slips will not be
allowed. Vessels tied to the bulkhead or by alternate methods not approved by the Fire
and Marne Pepartmen Harbor Resources Division shall be prohibited.
3. That the permittee shall be allowed no more than one vessel per shore mooring.
4. That any shore mooring approved for the Grand Canal shall display a permit number
issued by the Fire and- Marine Depa tme i`Harbor Resources Division.
5. That each vessel tied to any pier platforms in the Grand Canal be anchored from the
stem in such a method as to prevent the vessel from swinging into adjoining vessels or
across bayward prolongations of private property lines.
B. There shall be no permits issued for shore moorings or pier platforms fronting on alleys,
avenues or other public easements terminating on the Canal.
C. There shall be no new permits issued for shore moorings or pier platforms bayward of those
lots at the extreme south end and north end of Grand Canal.
OCEAN FRONT SAND DUNES
As a result of wind, storm and tidal conditions, sand has built up in specific locations forming
sand dunes. These range from a height of a few inches to as much as five feet. This build up can
present problems for adjacent property owners in the form of increased pressure on ornamental
and retaining walls and interfering with views of the ocean. To resolve these problems,
property owners may apply for a Harbor Permit to do excavation of beach sand directly
oceanward of their property in the area bounded by the prolongation of their side property
lines.
Reaffirmed - January 24,1994
Amended - June 27,1994
Amended - June 26,1995
Amended - March 25,1996
Amended - June 8,1998 (effective July 22,1998)
Amended - December 14,1998
Amended - May 8, 2001
68
1 -2
INSTRUCTIONAL RECREATION ACTIVITIES
The instructional recreational programs for children and adults provided by the
Community Services Department will be conducted on the basis of being at least self -
supporting. An amount equal to at least 25% of the costs incurred will be set aside for
administrative overhead. Registration fees will be based on an amount sufficient to
acquire independent contractors, class materials and the administrative overhead and
a facility use fee. Occasionally, it may be necessary to conduct a specific class in
which revenues are not sufficient to be self - supporting. However, each total
recreation program, such as tennis, sailing, surfing, etc., will be at least self -
supporting.
A sum of money equivalent to 20% of the gross annual revenues derived from the
instructional classes in surfing shall be set aside and used for the purpose of
purchasing new or replacement surfboards.
A total of 20% of the registration fees from tennis instructional classes shall be set
aside annually for refurbishment or development of courts or development of
new recreational programs or facilities.
The Community Services Director or designee is authorized to enter into agreements
for securing independent contractors for approved instructional recreation activities.
A total of 20% of the registration fees from the sailing instructional classes and 100%
of the proceeds from the agreement for the use of the 29th Street public dock shall
be set aside annually for refurbishment and replacement of the recreation sail boat
fleet and development of waterfront activities program.
Adopted - October 1963
Amended - August 30, 1966
Amended - November 25, 1968
Amended - March 1970
Amended - April 12, 1971
Amended - August 9, 1971
Amended - February 14, 1972
Amended - March 13, 1972
Amended - November 11, 1974
Amended - March 24, 1975
Amended - December 8, 1975
Amended - November 27, 1978
Amended - November 28, 1988
Amended - January 24, 1994
Amended - February 27, 1995
Amended - December 14, 1998
Formerly 1 -6
1 -5
OASIS SENIOR CENTER OPERATION AND RELATIONSHIPS
In today's era of limited resources, support groups have formed to render essential
assistance, both in time and money, to worthwhile public programs and facilities. In
the contest of a philosophy which encourages people to help themselves in their
leisure pursuits, the Community Services Department is committed to a cooperative
effort to provide senior programs and services at the Oasis Center. The Department
welcomes volunteer support and intends by this policy to identify the relationship,
roles and control between the City of Newport Beach and Friends of Oasis.
FACILITY USE AND SCHEDULING
A. The City, through the Community Services Department, is responsible for
determining priorities of use and overall scheduling of the Oasis Center.
Senior - citizen activities shall have priority of use, in accordance with Council
Policy 1 -25 ", Public Use of City Facilities Papik Fee Poky.
C. The senior - citizen programs at Oasis Center are cooperative efforts of the
Community Services Department and the Friends of Oasis; as Department
programs — and in consideration of the significant volunteer contribution by
the Friends of Oasis — facility use fees are not appropriate.
D. Scheduling of senior activities at the Oasis Center will be done by the Senior
�e Services Manager, in cooperation with the Friends of Oasis
President.
E. The Department maintains a master calendar for the Oasis Center; use by other
Department programs and outside groups will be handled by Department staff
as specified by Council Policy 1 -25 Imo, Public Use of City Facilities
I'y.
PROGRAMMING AND ADMINISTRATION
A. The Senior Community Services Manager is responsible for day -to -day operation
of the Oasis Center.
B. Within the context of cooperation, programming decisions will be made jointly
by the Senior Communitu Services Manager and the Friends of Oasis President.
C. The Senior � Services Manager and Friends of Oasis President shall be
ex- officio members of each Friends of Oasis Committee.
D. The Senior Community Services Manager will be an ex- officio member of the
Friends of Oasis Executive Committee and the Board of Directors.
7�
1 -5
E. iT Any improvement or physical change of the Oasis Center must have advance
approval by the Community Services Department.
FINANCIAL
A. The City is responsible for financing the Oasis Center operation only to the
extent of the annual City Council approved budget.
B. Equipment, services and financial contributions provided by the Friends of
Oasis are welcome and are in keeping with the cooperative philosophy.
C. i6 Friends of Oasis shall maintain accurate records of all finances. A copy of all
Friends of Oasis financial reports will be forwarded to the Community Services
Department.
D. & Fundraising or activities that provide private monetary gain must comply with
Council Policy 1 -4, Commercial Uses In Public Parks.
E. Fl� A total of 10% of the rental fees collected from the public use of facilities at
Oasis Center shall be set aside annually for equipment replacement and /or
required refurbishments at Oasis Center.
INSURANCE
Friends of Oasis shall provide evidence of adequate insurance coverage as determined
by the City.
Adopted - January 21, 1980
Amended - November 28, 1988
Amended - January 24, 1994
Formerly 1 -17
SPECIAL EVENT PERMIT REQUEST PROCESSING
PURPOSE
i -7
To set forth City policy concerning administration and control of special events.
Special events include activities as defined by Municipal Code Chapter 5.10. Requests
that include activities for which the Municipal Code requires that a permit be
obtained may be included in the special event permit process.
POLICY
It is the policy of the City Council to ensure that the numerous special event activities
permitted by the City do not negatively affect the community, that requests for
permits are efficiently processed by staff, that City liability is eliminated, that all
appropriate insurance requirements are met, and that costs for municipal services
provided are kept at a reasonable level and recovered from the event sponsors.
Affected City departments shall be notified of special event permit requests in
accordance with the schedule attached and provide recommendations on how to
conduct the event safely, lawfully and with a minimum negative impact on the
community.
It is the responsibility of the Community Services Director to coordinate the
administration of special events and to be the central contact point for residents or
other event sponsors, as well as the various City Departments having influence or
control over aspects of any given event. Requests for special event permit
applications will be received by a special event coordinator in Community Services
and routinely routed to appropriate departments for investigation. Each department
will investigate the proposed event and make a recommendation for approval or
denial of the event. If recommended for approval, recommended conditions for
approval will also be presented.
Events that include the following activities or aspects shall be additionally reviewed
by the departments indicated:
ACTIVITY
Fireworks
Tents Et Canopies
Requests on the Harbor
Requests on the Balboa Pier
REVIEWING DEPARTMENT
Fire and=MayiAe Department
City Manager
Fire Department
Building Department
Harbor Resources Division
Sheriffs Harbor Department
Public Works
7�-
ACTaVITY
Requests on McFadden Plaza
Requests on the Newport Pier
Requests on Public Beaches
Requests in a Public Park
Requests to Deviate from Use Permit
Requests at a Commercial Location
Garage Sales
Signs Et Banners on Private Property
Signs ft Banners on Public Property
Amplified Sound at a Commercial Location
Amplified Sound at a Residential Location
Temporary Street or Sidewalk Closures
Sidewalk Sales
Use of Public Property
Public Food Service
Use of Back Bay Drive
1 -7
REVIEWING DEPARTMENT
Public Works
Public Works
Unrino Harbor Resources Division
General Services
Community Services
General Services
Planning Department
Planning Department
Planning Department
Planning Department
Public Works
Planning Department
Police Department
Public Works
General Services
Public Works
Risk Manager
Health Department
Department of Fish Et Game
General Services
Public Works
If each department reviewing a special event permit application recommends
approval of issuance of the permit, a permit will be issued to the applicant listing the
conditions provided by each department. The City Council shall authorize approval of
any request for special event permit when:
A. Required by Municipal Code.
B. One or more reviewing departments recommends denial.
C. The applicant desires to deviate from the conditions recommended by
reviewing departments.
Adopted - January 24, 1994
Amended - February 24, 1997
1 -12
FINANCIAL SUPPORT FOR CULTURE AND ARTS
The City Council hereby recognizes the importance of promoting culture and the arts
within the City of Newport Beach. A number of individuals and groups, such as the
Arts Commission and Friends of the Newport Theatre Arts Center, have been
organized with the express purpose of developing and promoting culture, theatre and
the arts.
The City would compliment these efforts by establishing a Reserve Fund for Culture
and Arts that can be used for a) developing a master plan for the promotion of culture
and arts; b) acquiring land and /or the construction of facilities to promote culture
and arts and; c) instituting other cultural promotion projects.
The sum of $55,000 shall be provided each year for specific cultural or artistic
planning, promotion and /or construction projects as approved by the City Council. It
is the policy of the City of Newport Beach that expenditures from the reserve fund
should be matched equally by the community in the form of contributions and
donations.
=`In regard to the City's roll in financially sponsoring art and cultural events, the City
Arts Commission shall review all programs and requests for support from arts groups.
The Commission shall forward its recommendations for funding to the City Council for
final approval. Any appropriation shall not exceed 50% of the Arts Commissions' annual
budget. For the purpose of this policy, arts groups shall be defined as those involved
in visual, musical, theatre, dance, crafts, performing and literary activities.
The following priorities shall be considered by the Commission. The order of
preference for granting support shall be as follows:
A. Local arts groups located within the City and offering programs to City residents;
B. Regional arts groups located in Orange County and offering programs to City
residents; and
C. Arts groups located in California and performing or offering programs to City
residents.
• aktachedGWItitgni ..t.....-.. A..... .,...t F......
Groups not offering programs or services to local residents shall not be eligible for
support from the City.
Adopted - May 11, 1981
Amended - November 14, 1983
Amended - January 23, 1984
Amended - March 28, 1988
Amended - October 28, 1991
Amended - January 24, 1994
Formerly F -20
I-
ATTACHMENT
CITY OF NEWPORT BEACH
CULTURAL ART PROGRAM ASSISTANCE REQUEST
Name of R uesting Group:
Program:
Date(s) of F
Location of
Objectives of Program:
Cost of Program:
Assistance Amount Requested:
------------- - - - - -- -For fficial e Only
-- - - - - -- ---------------- - - - - --
Arts Commission Review:
Arts Commission Recomn
Transmitted t Council: Date:
Action Tak Date:
— January 23, 1984
ed —January 24, 1994
PUBLIC LIBRARY COMMUNITY ROOM USE
PURPOSE
OLD POKILY
I -21
The Public Library Community Room known as the "Friends Room," is available to
Library customers to provide facilities for civic, social, educational and cultural
activities that support the Library's goals and objectives. In order to accommodate all
groups who are interested in using the Community Room, it is the intent of this Policy
to provide application and scheduling procedures, and regulations for use of the room.
PROCEDURE
A. Application. Any person or group of persons desiring to use the Library
Community Room must apply on forms provided by the Community Services
Department and provide all additional information as may be required by the
Department to assure compliance with the regulations and specifications of this
Policy.. Applicants will be required to satisfy the Community Services
Department that meetings or activities will be conducted in an orderly manner
without damage to the facilities and that such persons or groups are financially
able to respond to damages in the event of any personal injuries or property
damage arising from the use of the Community Room. All persons and groups
will be required to acknowledge that neither the City nor the Community
Services Department assumes any liability for injury or loss of personal property.
Prior to the use of the facility, the application must have approval of the
Community Services Director /City Librarian or designated representative.
B. Reservations. Reservations for use of the room may be made up to six months in
advance. Any organization using the Community Room on a yearly basis shall
notify the Community Services Department when there is a change of officers or
of organizational policy.
REGULATIONS AND RESTRICTIONS
All uses of the Community Room will be subject to the following regulations and
restrictions:
A. The use of alcoholic beverages is prohibited, except under special circumstances.
B. Smoking is prohibited in the entire Library facility, including restrooms.
1
I -21
C. For all meetings of yott6.g people, 18 years and under, there shall be at least one
responsible adult for every 20 minors, or increments thereof, in attendance, who
shall remain in the room for the duration of the activity.
D. No groups' activities shall interfere with the normal use and activities of the
Library.
E. Except for library fundraising related activities, all fees, donations or admissions
charged by the group using the Community Room must be limited to essential
expenses of the group. The group treasurer will be required to submit a financial
report following each activity when any of the above is collected.
F. Activities conducted in the Community Room shall not be commercial in nature.
Meetings or activities shall be open to the public. Unless sponsored by the
Newport Beach Public Library, meetings and activities may not be advertised or
promoted as library sponsored activities.
G. Capacity of the Community Room shall not be exceeded.
H. The Community Room shall not be used for private social functions such as
weddings, music rehearsals, etc., unless rehearsals have been sanctioned for
groups which need to rehearse prior to a public concert or the production which
is scheduled to be performed in the Community Room.
I. No storage space will be granted to any community organization using the
Community Room.
PRIORITIES OF USE
Permission for use of the Community Room shall be granted on a first come first serve
basis. Subject to the following priorities:
A. All official Newport Beach Public Library initiated and /or conducted activities,
including those of the Friends of the Library and the Newport Beach Public
Library Foundation;
B. All official City of Newport Beach activities;
2 —
05
I -21
C. All official Library cosponsored groups and /or activity such as community
groups and activities which are non - profit, self governing, privately organized
and of an educational nature which may be brought under the sponsorship of the
Community Services Department;
D. Official public agency sponsored programs and activities not included in A, B,
and C above;
E. Recreational, social or civic activities in groups which are resident promoted and
sponsored by local non - profit* organizations which are open to the public and
have 50% or more of memberships consisting of Newport Beach residents;
F. Recreational, social or civic activities and /or groups which are non - resident
promoted and sponsored by non - profit organizations which are open to the
public, but not qualifying under number D above;
G. Schools, colleges, hospitals and other similar civic groups not qualifying under
the definition of non - profit;
H. Others.
* Non - profit status is defined as an organization which is so defined by the Internal
Revenue Service, § 501(c) (3) and has a State of California Tax Identification Number.
AVAILABLE HOURS
Available hours for the Community Room are:
Monday - Thursday 9 a.m. to 8:30 p.m.
Friday - Saturday 9 a.m. to 5:30 p.m.
Sunday Noon to 4:30 p.m.
FEES, DEPOSITS AND CANCELLATION PROCEDURES
Fees may be charged for the use of the Community Room and shall be established and
periodically adjusted by the Board of Library Trustees and approved by the City
Council. Fees are imposed to cover overhead, processing, deposits, maintenance and
replacement costs for application and scheduling and maintenance of the Community
Room.
3
I -21
A $100.00 cleaning deposit will be required for all organizations using the Community
Room. All or a portion of the deposit may be retained by the Community Services
Department after inspection of the room by the Community Services Director /City
Librarian or a designated representative and a determination that the room has not
been left clean and in good repair.
An additional $50.00 deposit will be required for use of the Community Room public
address system.
No fee or deposit shall be charged for use of the Community Room by the Friends of
the Library, the Newport Beach Public Library Foundation, the City of Newport Beach,
or professional library organizations when co- sponsored by the Newport Beach Public
Library. Notice of cancellation of a meeting or activity is required three working days
prior to the scheduled use of the facilities. Any notice of cancellation less than three
working days will result in forfeiture of a $25.00 cancellation fee. In the event of
cancellation by the Library, notice shall be given as far as possible in advance of the
scheduled use of the Community Room.
Adopted -July 14, 1980
Amended - November 28,1988
Amended - October 28,1988
Amended - February 27, 1995
Amended - February 24,1997
Formerly 0-1
C
4 -
CENTRAL LIBRARY FRIENDS MEETING ROOM
BACKGROUND
9U &,l C,
1 -21
The large meeting room in the Newport Beach Central Library is known as the Friends
Meeting Room (Friends Room). The Board of Library Trustees and the Community
Services Department (Department) administer the Library and the Friends Room. The
Friends Room is the primary source of meeting space for library programs and
activities. The City has a shortage of large meeting space and City officers and
employees frequently need to use the Friends Room for City business on very short
notice. Moreover, public use of the Friends Room takes library 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 Friends
Room by other than Library and City officials and employees to protect the public
interest.
APPLICATION
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 Department 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 Central Library and no significant impact on
the workload of Department 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 requested in the application and such additional information as
may reasonably be required by the Department Director to enable him /her to determine
1 go
complete unless accompanied by required fees and proof of insurance. No person,
group or entity shall be entitled to use of the Friends Room unless their application has
been approved by the Department 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 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.:
1. 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;
2. Smoking is prohibited in the Friends Room, and the entire Library facility,
including restrooms.
3. At least one (1) adult shall be present in the Friends Room for every twenty (20)
minors in attendance. Each adult necessary to maintain the required adult/minor
ration shall remain in the Friends Room for the duration of the permitted use.
4. No person shall interfere with the normal use and activities of the Library by way
of noise, disturbance or other activity.
5. 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..
6. 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 at the Friends
Room shall be submitted to the Department Director at least ten (10) days prior
to the use for the sole purpose of determining if the material complies with this
condition. The Department 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.
7. Meetings or activities in the Friends Room shall not exceed 150 persons.
8. 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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9. 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.
10. The provision of insurance, naming the City and its officers and employees 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 Friends Room by the permittee
authorized to use the Friends Room pursuant to this Policy.
11. 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
Friends Room.
12. Applications for reservations may be made no more than 90 days in advance and
no more than once every 90 days.
PRIORITIES OF USE
1. FIRST PRIORITY:
(A) Any official Newport Beach Public Library co- sponsored and /or conducted
programs and activities that are directly related to library functions and
purposes.
(B) 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.
2. SECOND PRIORITY:
Use of the Friends Room may be granted by the Department Director to those
persons, organizations or entities listed below on a first come first serve basis:
(A) Sponsored educational or informational programs and activities of other
state or local public agencies such as local public schools or special
districts.
(B) 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.
(C) 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).
3
(D) School, 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.
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 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.
fAusem\cat\sh a red \po licyg e n eral\lib rary\meeti ngro om use.doc
0
PUBLIC USE OF CITY FACILITIES
PURPOSE
1 -25
City facilities, which include parks, playing fields, gymnasiums, community rooms and
swimming pools, are available to the public for civic, social, educational, athletic and
cultural activities. It. is the intent of this Policy to provide use regulations and
application and scheduling procedures to accommodate all groups that wish to use
City facilities.
PROCEDURE
A. Applications to use the City facilities must be made on forms provided by the
Community Services Department. Applicants must provide all information as
may be required by the Department to assure compliance with the
requirements and regulations of this Policy.
B. Applicants will be required to pay a security deposit in an amount that will
promote use of the Community Services facilities rAmxieec in an
orderly manner without damage to the facilities. Security deposits will be
refunded upon inspection of facilities and confirmation that no property
damage has occurred.
C. Applicants will be required to acknowledge that neither the City nor the
Community Services Department assumes any liability for injury or loss of
personal property. Prior to the use of the facility, the application must have
approval of the Community Services Director /City Librarian or designated
representative.
D. Approval or denial of an application will be provided within five working days
of receipt of a completed application.
E. Reservations for use of Community Services facilities may be made up to six
months in advance, but no later than five working days before the event. Any
organization using City facilities on an ongoing basis shall notify the Community
Services Department when there is a change of officers or of organizational
policy.
F. The City of Newport Beach is not liable for any and all accidental injury to any
and all persons or loss or of damage to group or individual property. When it is
deemed to be in the best interest of the general public, the City of Newport
Beach will require the permittee to furnish a Certificate of Insurance naming
the City of Newport Beach as an additional insured. The amount of the
insurance shall not be less than $1,000,000 per occurrence of commercial
general liability insurance.
1 -25
G. A contract shall not be transferred, assigned or sublet. All contracts will be
issued for specific facilities and for specific hours, and the premises must be
vacated as scheduled.
H. The application must be completed and signed by one of the adults who will
attend and supervise the entire event or activities.
REGULATIONS AND RESTRICTIONS
All uses of Community Services facilities will be subject to the following regulations
and restrictions:
A. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Community Services Department, except
beer and wine may be served for special occasions at the OASIS Senior Center
multi - purpose room when done in compliance with State Alcohol Beverage
Control regulations and approved in writing by the Community Services
Director. Approval to serve beer and wine at the OASIS Senior Center shall not
be deemed to approve service of alcohol in violation of Section 25604 of the
Business and Professions Code. The Community Services Director will require
the permittee to pay City costs to provide additional security.
B. Smoking is prohibited in all City facilities including restrooms.
C. For all indoor facility rentals involving young peopleT 18 years and under, there
shall be at least one adult for every 20 minors, or increments thereof, in
attendance, who shall remain in the facility for the duration of the activity.
D. No group's activities shall interfere with the administration of the Community
Services Department.
E. Non - profit 501(c)(3) groups may use the facility for fundraising activities and
charge entrance fees and collect donations provided that a detailed plan of the
event, including the expenses, marketing plan and procedure for collecting
fees, is submitted with the rental application. The group treasurer will be
required to submit a financial report following any such activity.
F. Facilities and equipment are to be left in the same condition as they were prior
to the rental. The permittee is responsible to pay for any damage to property
or loss of property. A fee equal to total replacement cost will be charged. It
shall be the responsibility of the permittee to see that unauthorized portions of
the facility are not used. Continued or repeated use of City facilities will be
contingent upon care of the facility, property and equipment, and observance
of all approved rules and regulations.
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G. No gambling of any kind shall be conducted on, or in, City facilities, and the
permittee shall insure that no disorderly or illegal conduct shall be allowed in
any facility.
H. The use of public address equipment will be limited to that provided by
the facility, unless written approval has been secured by the Community
Services Department through a Special Event Permit.
Private groups wishing to collect fees, donations or admission charges will be
considered commercial users.
J. The capacity of City facilities shall not be exceeded.
K. Storage space will not be granted to any ongoing activity or uses.
L. All persons using the facilities shall observe and obey regulations of this policy,
the rules of the Community Services Department and all applicable City, State
and Federal laws, rules and regulations.
FEE CLASSIFICATIONS - PRIORITIES OF USE
Permission for use of City facilities shall be granted on a first come first served basis,
subject to the following priorities:
A. All official Community Services Department initiated and /or conducted
activities, including those of the Friends of OASIS at the OASIS Senior Center.
B. All official City of Newport Beach activities.
C. All official City co- sponsored groups and /or activities such as community groups
and activities which are non - profit, self governing, privately organized and of
an educational nature which may be brought under the sponsorship of the
Community Services Department.
D. Official public agency sponsored programs and activities not included in A, B,
and C above.
E. Recreational, social or civic activities of groups which are resident promoted
and sponsored by local non - profit` organizations which are open to the public
and have 50% or more of memberships consisting of Newport Beach residents.
Non - profit status is defined as an organization that is so defined by the
Internal Revenue Service, 5 501(c) (3) and has a State of California Tax
Identification Number.
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F. Recreational or social activities of private Newport Beach residents which are
not open to the public.
G. Recreational, social or civic activities and /or groups which are non - resident
promoted and sponsored by non - profit organizations which are open to the
public, but not qualifying under D above.
H. Schools, colleges, hospitals and other similar civic groups not qualifying under
the definition of non - profit.
I. Others.
FEES, DEPOSITS AND CANCELLATION PROCEDURES
Fees may be charged for the use of City facilities and shall be established and
periodically adjusted by the Parks, Beaches and Recreation Commission and approved
by the City Council. Fees are imposed to cover overhead, processing, deposits,
maintenance and replacement costs for application and scheduling and maintenance
of the facilities.
A. A security deposit will be required for all room rentals. All or a portion of the
deposit may be retained by the Community Services Department after
inspection of the facility by the Community Services Director or a designated
representative and a determination that the facility has not been left clean
and /or in good repair.
B. A separate additional cleaning fee will be charged for rental of the OASIS
Senior Center multi - purpose room.
C. No fee or deposit shall be charged for use of City facilities by the City of
Newport Beach, the Friends of OASIS when utilizing the OASIS Senior Center, or
events co- sponsored by the City of Newport Beach or its departments, with the
exception of set -up charges and fees for lighting usage.
D. Cancellations for any facility other than the OASIS Senior Center multi - purpose
room may occur seventy -two hours prior to the scheduled use of facilities
without forfeiting fees collected by the City, with exception of a City service
refund processing fee. Cancellations with less than seventy -two hours notice
will be charged a 00 cancellation fee established by resolution of the City
Council. In the event of cancellation by the City, notice will be given as far in
advance of the scheduled use as possible.
E. Cancellation of rentals by users for the OASIS Senior Center multi - purpose room
that occur less than thirty days prior to the scheduled use of the facility will be
charged 25% of the rental fee. Cancellations with less than seventy -two hours
notice will be charged the entire rental fee.
Adopted - May 26, 1998 �(�
K -1
GENERAL PLAN
MANNER OF ADOPTION AND AMENDMENT
The General Plan or any part or element thereof, and any amendment to such plan or
any part or element. thereof, shall be adopted in the following manner:
A. Public Hearing - Planning Commission.
The Planning Commission shall hold at least one public hearing before
approving a General Plan or any part or element thereof, or any amendment to
such plan or any part or element thereof, and shall give notice of hearing by at
least one publication in a newspaper of general circulation within the City, and
mailed notice to any community association which may be impacted by a
proposed amendment, as determined by the Planning Director, or to any
individual or community association which has expressed an interest in a
proposed amendment and requested mailed notice, at least ten days prior to the
first of such hearings. If the proposed General Plan Amendment would affect
the permitted uses or intensity of uses of real property, notice of the hearing shall
be mailed or delivered at least 10 days prior to the hearing to the property owner
or his duly authorized agent; to all owners of property and occupants within 300
feet of the boundaries of the property; and to the project applicant. However, if
the number of persons to whom notice would be mailed or delivered is greater
than 1,000, the requirement for individual mailed or delivered notice may be
waived by the Planning Director.
B. Approval by Planning Commission - Resolution. The approval by the Planning
Commission of the General Plan or any part or element thereof, or any
amendment to such plan or any part or element thereof, shall be by the adoption
of a resolution, endorsed by the chairman and Secretary of the Commission and
transmitted to the City Council.
C. Public Hearing - City Council. Before adopting the General Plan or any part or
element thereof, or any amendment to such plan or any part or element thereof,
the City Council shall hold at least one public hearing. Notice of the time and
place of the hearing shall be given at the time and in the manner provided for the
giving of notice of the hearing by the Planning Commission.
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K -1
D. Referral of Proposed Changes Back to Planning Commission. In adopting a
General Plan or any part or element thereof, or any amendment to such plan or
any part or element thereof, which has been approved by the Planning
Commission, the City Council shall consider the recommendation of the
Planning Commission. If the City Council intends to make major changes and
take an action not considered by the Planning Commission, the changes shall be
referred back to the Planning Commission for its recommendation. Planning
Commission consideration of an alternative shall be construed liberally so as to
allow the City Council to act on any one of a range of alternatives generally
considered by the Planning Commission. The Planning Commission shall report
back to the City Council with their recommendation on the Prmposed changes
within 45 days. n ,.i„n not he „ fer the Planning r ......:....:.... to held
Faillive Rf the Mann:
Ing Commission to Feport baEl, to the City Council within,
fot-':y (40) days, of referral shall EE)nlititute Planning Commission approval of the
pfoposed eh
E. Adoption by City Council - Resolution. The adoption of the General Plan or any
part or element thereof, or any amendment to such plan or any part or element
thereof, shall be by resolution.
AMENDMENT PROCEDURES (GENERAL PLAN)
A. Amendment to the General Plan shall be initiated by the City Council after
recommendation from the Planning Commission .curing the months of February,
B. In initiating action to amend the General Plan, the City Council shall direct the
Planning Commission to set public hearings for such amendments, as it deems
appropriate.
C. Prior to making its recommendation on the initiation of proposed General Plan
amendments, the Planning Commission may do such research, as it deems
necessary to establish whether the proposed amendment warrants consideration.
D. D. A citizen and /or property owner may request an amendment to the
General Plan. Such request shall be submitted in writing to the Planning
Commission
proposed ai+tendments ape to be initiated. The request should clearly set forth
2
K -1
for which the request is made, and should contain information substantiating the
need. When an amendment is requested for a specific parcel or parcels in the
City, the request must be made by the property owner or his or her authorized
representative or by the Planning Commission or City Council. A project specific
amendment request shall include a quantification of the requested densitX
and /or intensity, land use, and a conceptual site plan.
The Planning Commission and City Council may also propose amendments to
the General Plan.
If the Planning Commission, after examination, is convinced that the proposed
change is worthy of initiation, it may recommend initiation of amendments as set
forth above. If not, the Commission shall forward the request to the City set
forth above. If not, the Commission shall forward the request to the City Council
with its recommendation that initiation of the amendment is unwarranted. The
City Council, after consideration of the request and of the report from the
Planning Commission, may either initiate the proposed amendment and direct
the Planning Commission to set for public hearing, return the request to the
originator without further action, or defer action on the proposed amendment to
future hearing sessions based on Planning Department work loads and project
priorities.
E. —E —.Amendments to each General Plan element may be initiated at any time
A'vee tinws a calendar N,eai-. Residential prejeets, at least 25%44
whiEh will be affordable to iawilif— oi low or- inedefate ineome (as defined-by
the City of
this provision. Also, amendr-nents to bring the General Plan into conformance
with the LE)eal Coastal Program may be exempt 4efn this A number
shall be assigned in sequence to each amendment or group of amendments at the
time it is initiated by the City Council.
F. If a citizen and /or property owner amendment request is initiated, all
applications related to the request must be filed within 180 days of the initiation.
If applications are not filed within this time - frame, the initiation shall expire.
Adopted - April 22,1974
Amended - June 23,1980
Amended - November 23,1981
Amended - November 22,1982
3
Amended - November 27,1989
Amended - January 24,1994
Amended - February 26,1996
Formerly Q -1
K -1
V
ECONOMIC DEVELOPMENT POLICY
PURPOSE
K -10
The City Council recognizes that the City's ability to deliver quality municipal services is
dependent on adequate tax revenues derived primarily from the properties and businesses
located within the City. Healthy, thriving businesses not only increase property, sales
and bed taxes; they also provide employment opportunities that support local businesses
and the strong residential property values that Newport Beach enjoys. The City Council
seeks to promote economic activity within the City to maintain a healthy economy,
provide revenue for high quality municipal services and infrastructure maintenance and
improvements, and preserve the unique commercial villages in Newport Beach. All of
these objectives serve the overriding purpose of protecting the quality of life of Newport
Beach residents, and the City Council recognizes the need to balance economic
development objectives with protection of the environment and the health and safety of
the community.
POLICY
The City Council Ad Hoc Economic Development Committee shall conduct the
following activities. The City Manager shall appoint an economic development
coordinator, who shall provide staff support to the Committee as appropriate.
A. Data and Analvsis
1. Develop and include in the General Plan a strategic plan for economic development
in the City, based on a study of the City's economy and an identification of high
revenue producing, compatible businesses. (A Priority)
2. Monitor the generation of municipal revenues by business categories and geographic
areas of the City. (A Priority)
3. Track commercial vacancies to help with retention and attraction programs,
especially attracting quality businesses to areas the City is revitalizing. (B Priority)
4. Maintain a community profile with information on labor pool, existing businesses,
land and housing costs, community assets, etc. for distribution to business prospects.
(B Priority)
5. Identify short and long range infrastructure replacement and upgrade needs and costs
and projected funds to accomplish them. Develop strategies to fill funding gaps. (B
Priority)
6. Review and make recommendations on the City operating and capital improvements
budgets. (C Priority)
B. Re ug latory. Land Use and Develonment Review Actions
1. Develop a plan for future development in the Airport Area. (A Priority)
2. Improve sign regulations Citywide. (A Priority)
3. Monitor and streamline the process, time and expense required for action on land use
entitlements and various permits and licenses. (A Priority)
4. Develop a standard economic and fiscal impact analysis system, and use it to provide
the Planning Commission and City Council with reports on all land use and
development proposals requiring an environmental impact report, or that are likely to
have a significant fiscal or economic impact on the City. (A Priority)
5. Advocate for projects and programs that will benefit the City by disseminating
information on their fiscal and economic impacts to the public and City Council. (A
Priority)
6. When development proposals involve businesses that have been identified as high
revenue generators, determine early in the review process what measures may be
employed to "fast track" the review process while providing for public input and
review of all issues. (A Priority)
7. Consider the costs of compliance when considering new regulations and conditions of
approval related to land development, construction and access to City utilities. (B
Priority)
C. Business Retention and Recruitment
1. Focus on improvement of commercial areas. (A Priority)
• Manner's Mile
• Corona del Mar
• Balboa Village
• West PCH
• Lido Village
• Cannery Village
• McFadden Square
2 a J
2. Establish cooperative relationships with the Chambers of Commerce, Conference and
Visitors Bureau, Building Industry Association, Business Improvement Districts,
other business groups, and individual business and property owners. (A Priority)
3. Mobilize resources to retain contributing businesses in Newport Beach when they are
challenged with expansion and other needs. (A Priority)
4. Support special events like the Film Festival, Christmas Boat Parade, Toshiba Gold
Tournament, and Taste of Newport. (B Priority)
5. Consider providing financial incentives such as sales tax sharing, relief from or
assistance with City fees and regulations to increase the feasibility of projects with
high revenue potential. (B Priority)
6. Consider actions to assist priority economic development projects obtain approvals
from other regulatory agencies. (C Priority)
Adopted — March 22, 1993
Amended — January 24, 1994
Proposed for Revision — April 10, 2001
Formerly F -28, F -17
3 ^q
DRIVEWAY APPROACHES
GENERAL
L -2
A. A permit will be required prior to any driveway construction within the street
right -of -way. All construction shall conform with the Standard Plans and
Specifications of the City of Newport Beach. Brick, textured concrete or flat stone
surfacing may be used subject to Public Works Department approval. Such
brick, textured concrete or flat stone surfacing may not be used on Bayside Drive.
B. The number of driveway openings shall be kept to a minimum so as to preserve
on- street parking and to reduce the points of traffic conflict.
C. The term "Curb Opening" shall mean the total width of the approach including
the slope distances on the curb. The term "Approach Bottom" shall mean the
total width of the approach less the slope distances on the curbs.
D. Curb openings shall not be constructed closer than 5 feet to the beginning of the
curvature of a curb return, fire hydrant, traffic signal /pedestrian street light,
utility pole /anchor /pedestal, trees or vent pipe, unless approved by the Public
Works Department.
E. The entire curb opening shall be within the prolongation of the property lines
except when cross easements provide for a common driveway along the mutual
property line.
F. No permit shall be issued for driveways on Clubhouse Drive, Glen Drive, Balboa
Island or on the ocean side of Ocean Boulevard without City Council approval.
No curb openings will be permitted on Ocean Boulevard when access is available
from an existing alley, street or improved private roadway.
G. No permit shall be issued if the driveway construction requires the removal of a
street tree until such removal has been approved by the General Services
Director.
H. No permit shall be issued if the driveway encroaches on a crosswalk area.
I. No permit shall be issued if the driveway construction requires the relocation of
any public facility such as fire hydrants utility pole /anchor /pedestal, tree, vault,
vent pipes, or street lights until until approved by the Public Works Department
1
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and a deposit has been made to cover the cost of relocation. Property owner
shall lay all costs for the relocation of any public facilities.
J. No permit shall be issued unless the applicant agrees that at no cost to the City
he will remove any driveway opening that is or will be abandoned, and
reconstruct curb, gutter and sidewalk (if applicable) to City Standards.
K. Where practical, difficulties or hardships may result from the strict application of
this policy, minor dimensional variances may be granted with written approval
of the Public Works Director.
L. Nothing herein shall be construed as preventing any person from appealing to
the City Council for relief from the applications of this policy.
M. No building permit shall be issued on a parcel whose access requires City
Council review for an encroachment permit on public property, until said
encroachment permit has been issued.
RESIDENTIAL ZONES AND RESIDENTIAL USES - SPECIAL REQUIREMENTS
A. The width of the driveway approach bottom shall not exceed 20 feet except when
the driveway is to serve an enclosed three or four car garage, in which case the
driveway approach bottom may be increased to 25 feet or 32 feet, respectively.
B. One additional curb opening will be permitted to a single parcel subject to the
following conditions:
1. The total width for all openings shall not exceed 50% of the total frontage
of the parcel.
2. The openings shall be separated by at least 20 feet to retain maximum
street parking.
C. Street curb openings shall not be permitted to residential property which abuts
an alley.
An exception may be made in the case of corner lots where the street on which
the curb cut is proposed is not an arterial street and street frontage is available
for the full depth of the lot, subject to the following conditions:
2
L -2
1. Access from the street will be permitted where existing structures prevent
full alley access, or additional covered off - street parking is being
provided.
2. The width of the curb opening shall be limited to one -half of the lot depth.
D. Driveway grades must not exceed the listed applicable maximum slope
depending on application. Driveways to lowered or subterranean parking must
rise above the flood level or a minimum of six inches above the flow line of the
street or alley, whichever is greater, before transitioning to a downward slope.
Slope transitions shall be a minimum of five feet in length and the change of
slope cannot exceed eleven percent.
Driveways providing only parking access - Fifteen- percent maximum slope.
Must have access directly from garage into residence.
Driveway providing vehicle and pedestrian access - Eight- percent maximum
slope.
Driveways providing required parking spaces on the driveway itself - Five -
percent maximum slope.
Minor variations from the listed maximum slopes and slope changes may be
granted by the Traffic Engineer when unusual site conditions are encountered.
PRIVATE STREETS - SPECIAL REQUIREMENTS
A. A grading permit will be required prior to the construction of any driveway
apron, sidewalk, curb, gutter or wall within the private street rights -of -way. The
design parameters shall be in accordance with the City of Newport Beach Design
Criteria and Standards for Public Works Construction.
Also, the Public Works Department shall perform a brief review of plans prior to
permit issuance.
B. A Public Works encroachment permit will be required if improvements are to be
constructed within 5 feet of a fire hydrant, street light or other public utility
system appurtenance (i.e., valve boxes or manholes).
W
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C. A Public Works encroachment permit will be required when connecting to or
relocating public utilities.
COMMERCIAL USES
A. The width of the driveway approach bottom shall not exceed 35 feet.
B. The total width of all driveways shall not exceed 50% of the frontage of the
parcel.
C. Commercial driveway approaches may use a curb return design with a
maximum curb radius of 25 feet and a driveway approach bottom of greater than
35 feet if the following conditions are satisfied:
1. The driveway serves as an entrance to a parking area or structure for 200
or more vehicles.
2. The number of driveways serving the parcel are at a minimum.
D. The curb return commercial driveway approach may incorporate a divided exit
and entrance if the separation structure (median island) is continued on -site in
such a manner as to provide proper traffic design.
CLOSURE OF ABANDONED DRIVEWAY APPROACHES BY CITY
The City may close abandoned driveway approaches at high priority locations where
two or more of the following criteria may exist:
A. The abandoned driveway approach is adjacent to a parcel of property where
redevelopment and possible subsequent closure of the approach is not believed
imminent;
B. The driveway approach is at a location where there is a shortage of available
on- street parking;
C. The removal of the driveway approach is needed for safe pedestrian and /or
bicycle passage;
D. The closure of the abandoned driveway approach benefits not so much to the
property owner as pedestrian and vehicular traffic in the area.
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When in the opinion of the General Services Department and /or the Public Works
Department, a curb cut or abandoned driveway approach should be closed, and the
adjoining property owner protests the closing, the protester shall be notified that he will
have two weeks to appeal the staff decision to the City Council. That appeal must be in
writing and may be filed through the mail. If an appeal is not made, the City shall
proceed with the closure. If an appeal is made, a hearing shall be held by the City
Council, and the decision of the Council shall be final.
Nothing in this section shall be construed as relieving adjoining property owners from
the responsibility for closure of abandoned curb cuts as a condition of permit approval
for new construction or for obtaining a curb cut permit for an alternative driveway
location on the same parcel.
Adopted - January 24, 1966
Amended - February 26,1968
Amended - July 24,1972
Amended - November 14,1977
Amended - October 25,1982
Amended - July 13,1987
Amended - November 27,1989
Amended - December 14,1992
Reaffirmed - January 24, 1994
Amended - February 26, 1996
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PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
It is the general policy of the City that the public rights -of -way are to be reserved for
public use or open space; and that the rights of the public, present and future, are not to
be diminished by the installation of private improvements within the public rights -of-
way.
Categories of private encroachments and improvements are listed below, together with
the permit requirement for each category.
A. Private encroachments prohibited.
1. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of 1
foot into the public right -of -way, or exceed 3 feet in height, measured
from the top of curb elevation /or from sidewalk elevation where sidewalk
exists.
2. Driveway approaches not conforming to Council Policy L -2.
3. Ocean front street end, or Bay front street end improvements not
conforming to Council Policy L -8.
4. Ocean front alley end improvements not conforming to Council Policy
L -8.
5. Modifications to original design concepts approved by the City.
6. Private signs except as provided for in the Building Code.
7. Lighting.
8. Parkway surfacing of loose rock, gravel, or any surfacing other than
standard or colored/ textured concrete or flat stone /brick installed at
grade and grouted.
9. Private dwellings and appendages including raised patios and decks,
except as provided for in this section and the Building Code.
10. Pay telephones and grrivate mail carrier drop boxes.
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B. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department and General
Services Department approval.
1. Tree planting and removal.
2. Shrub planting and removal.
3 Median landscaping.
If, in the opinion of the General Services Department, the approved planting is not
being maintained for view and safety clearance, Chapter 10.50, "Public Nuisance
Abatement," of the Municipal Code shall be used to remove offending plant material.
The permit applicant shall reimburse the City of Newport Beach for the value of any
City tree removed by this process. This value will be determined by the City Arborist
using the International Society of Arboriculture's "Guide for Plant Appraisal."
C. Private encroachments requiring an encroachment permit and if applicable an
encroachment agreement from the Public Works Department.
1. Drive approaches conforming to Council Policy L -2.
2. Standard sidewalks.
3. Carriage walks.
4. Parkway surfacing (standard or colored/ textured concrete or flat
stone /brick) installed at grade (subject to General Services Department
review for tree well location).
5. CATV and public utility facilities.
6. Structural encroachments not otherwise listed; including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach 1 foot or less
into the public right -of -way. If, however, in the opinion of the Public
Works Department, the nature or location of this type of encroachment is
such that Council review is warranted, the Department may forward the
item to the Council for action.
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7. Mailboxes, when required by the U.S. Postal Service. The front of mailbox
shall be aligned in the same vertical plane as the back of the curb. Mailbox
base construction length shall not exceed the length of the mailbox, or 24
inches, whichever is less.
8. The placement of utility pedestals shall be at the back of sidewalks on
arterials and major pedestrian thoroughfares without zero setbacks. In
the commercial areas there shall be at least 4 feet of clear sidewalk width
and /or pedestals shall be placed in the parkway outside of walk area.
9. When connecting to or relocating public utilities.
D. Private encroachments requiring an Encroachment Permit from the Public Works
Department and subject to the execution of an agreement for non - standard
improvements.
1. Structural encroachments not otherwise listed which do not exceed 3 feet
in height, including, but not limited to fences, walls, and raised planters in
public rights -of -way in areas that are more than 8 feet behind the face of
curbs on the following streets:
a. Santa Ana Avenue from Cliff Drive to Fifteenth Street.
2. Permitted Structural Encroachments on Balboa Island along South Bay
Front, and—North Bay FrontLGrand Canal, and East Bayfront are as
follows:
a. Planters that do not exceed 1 foot in height located within 2' -6" of
the back of existing sidewalk, planted with ground cover and
shrubs not to exceed 2 feet in height measured from sidewalk
elevation;
b. Fences with a minimum setback of 2' -6" from back of sidewalk.
L For patios constructed at grade elevation to 1' above
sidewalk grade elevation, Fences may be 3' high above
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sidewalk grade in conformance with Building and Planning
Code Regulations.
ii. For patios constructed greater than 1' above sidewalk grade
elevation, Fences must be set back a minimum of 3' from
back of sidewalk, not exceed 2' -6" in height above the patio,
have at least 40% visibility through them, and not to exceed
4' in height above existing public sidewalk grade.
C. Patios with a minimum setback of T -6" from the back of sidewalk.
i. Raised Patios are permitted provided they have a maximum
height of T -6" above sidewalk grade, are set back a
minimum of T -6" from back of sidewalk, and provided all
bulkhead deadman and tiebacks supporting the Bay front
bulkhead are replaced "If required by the Public Works
Department" in conformance with the requirements of the
Public Works Department; Stairs located a minimum of T -6"
from back of sidewalk.
3. Structural encroachments not otherwise listed which do not exceed three
(3) feet in height, including, but not limited to fences, walls, patios and
raised planters in public rights -of -ways in areas that are five (5) feet
behind the face of curb on the following streets:
a. Southerly side of West Bay Avenue between 8th Street and 15th
Street.
If, in the opinion of the Public Works Department, the nature or location of this type of
encroachment is such that Council review is warranted, the Department may forward
the application to the City Council for original action.
The City Manager is authorized to execute, on behalf of the City, agreements for non-
standard improvements which are entered into pursuant to this section or other
authorization.
E. Private encroachments not requiring a permit:
1. Parkway lawn and ground cover.
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2. Parkway sprinkling systems.
3. Use of public streets and projections over public property which are
covered by the Uniform Building Code under a valid building permit
issued by the City.
F. Application for any permit as required by this policy shall be filed with the
Public Works Department on a form to be provided by the City and shall show
the proposed planting or work and the nature thereof. If the application is for a
permit required under Section A, it shall be forwarded to the City Clerk for
submission to the City Council. If the application is for a permit under Section B,
it shall be processed by the General Services Department. Drawings for
encroachment permits requiring City Council review shall be prepared to scale.
Plan and elevation drawings shall accurately depict location, height, and extent
of the proposed encroachments. No building permit shall be issued on a parcel
whose access requires City Council review for an encroachment permit on public
property, until said encroachment permit has been issued.
G. Variances from the strict application of this policy shall not be granted unless
individual circumstances indicate that approval will be consistent with the public
interest.
Adopted - August 25,1969
Amended - February 14,1972
Amended - August 11, 1975
Amended - February 9,1981
Amended - November 23,1981
Amended - October 27,1986
Amended - January 26,1987
Amended - July 13,1987
Amended - February 13,1989
Amended - August 14,1989
Amended - November 27,1989
Amended - December 9,1991
Amended - December 14,1992
Amended - July 12,1993
Amended - January 24,1994
Amended - May 9,1994
Amended - February 27,1995
Amended - February 26,1996
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ENCROACHMENTS AND BAY ACCESS ON BUENA VISTA BOULEVARD -
EDGEWATER AVENUE BETWEEN BAY AVENUE AND FERNANDO STREET
It is recognized that Buena Vista Boulevard and Edgewater Avenue, between Bay
Avenue and Fernando Street, because of their geographical location, are used mainly to
provide non - vehicular access and views to the waters of Newport Bay.
The following policy regarding street encroachments and bay access has been
developed to (1) provide for the existing public use of the bay beaches and waters and
(2) encourage the maintenance by private property owners of the existing park -like
surroundings.
BUENA VISTA - BAY AVENUE TO EDGEWATER
The street right -of -way in this reach varies from 30' to 35.88' in width, with private
property on both sides of the public way. Improvements allowed at this location shall
consist of the following:
A. A six -foot wide public sidewalk along the inland side of the right -of -way line
maintained by the City.
B. Landscaping and park -like improvements in the remaining portion of the right -
of -way shall be allowed if installed and maintained by the adjoining property
owners. Low -level walls or curbing required for tidal protection will be allowed.
Private improvements such as walls, fences, gates, signs and living areas such as
cabanas and other roofed structures shall not be allowed except on the private
property bayward of the street right -of -way.
C. Access to private piers and floats shall be allowed where a harbor permit has
been granted, but such access structures shall not be expanded beyond the
permit dimensions.
EDGEWATER AVENUE - BUENA VISTA TO ISLAND AVENUE
The street right -of -way in this reach is 40' wide with private property on the inland
side. The bay side is improved with a privately constructed bulkhead.
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Improvements allowed at this location shall consist of the following:
A. A six -foot wide public sidewalk along the inland side of the right -of -way line
maintained by the City.
B. Landscaping and park -like improvements in the remaining portion of the right -
of-way (between the sidewalk and the bulkhead) shall be allowed if installed and
maintained by the adjoining property owner. Private improvements such as
fences, gates, signs, and living areas shall not be allowed.
C. Access to private piers and floats shall be allowed where a harbor permit has
been granted, but such access structures shall not be expanded beyond the
permit dimensions.
D. Such benches and view sites within the public way that may be approved by the
Parks, Beaches and Recreation Department.
EDGEWATER AVENUE - ISLAND AVENUE TO ALVARADO STREET
The street right -of -way in this reach is 40' wide with private property on the inland
side. The bay side is improved with a sloping beach leading to the waters of the bay.
Improvements allowed at this location shall consist of the following:
A. A six-foot wide public sidewalk along the inland side of the right -of -way
maintained by the City.
B. The remaining portion of the right -of -way shall be reserved as a public beach
and no private improvements, impediments or boat storage shall be allowed
except for access to piers and floats where a harbor or a mooring permit has been
granted, but such access structures shall not be expanded beyond the permit
dimensions. Any existing permits to encroach on the right -of -way shall be
rescinded.
EDGEWATER AVENUE - ALVARADO STREET TO FERNANDO STREET
The street right -of -way in this reach is 50' wide. The bay side is improved with a
sloping beach leading to the waters of the bay. The private lots bayward of the public
right -of -way are under water.
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Improvements allowed at this location shall consist of the following:
A. A six -foot wide public sidewalk along the inland side of the right -of -way
maintained by the City.
B. The remaining portion of the right -of -way shall be reserved as a public beach
and no private improvements, impediments or boat storage shall be allowed
except for access to piers and floats where a harbor permit has been granted, but
such access structures shall not be expanded beyond the permit dimensions.
Landscaping improvements conforming to this policy shall be installed only in
accordance with an approved plan and which has been approved by the General
Services Department and a permit issued by the Parks, Beaches anJ-Ree -e :rPublic
Works Department. A blanket revocable permit will be issued by the City for the
existing landscaping improvements. Any existing improvements not conforming to
this policy and not covered by a blanket permit shall be removed pursuant to the
procedures established in Chapter 10.50 of the Municipal Code entitled 'Public
Nuisance Abatement ".
Nothing in this policy shall be construed as a waiver by the City of Newport Beach of
any rights, title, or interest in the entire street right -of -way covered by this policy.
Adopted - March 14,1977
Reaffirmed - January 24, 1994
Q
PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY
ENDING AT THE OCEAN FRONT OR AT NEWPORT BAY
GENERAL
Cam.
It is the general policy of the City that streets, alleys and other public ways ending at
the ocean front or at Newport Bay are reserved for public use or open space; and that
the rights of the public, present and future, in said public ways are not to be diminished
by the installation of private encroachments in said public ways.
A. Private encroachments will not be permitted in said public ways unless
individual circumstances indicate that approval will be consistent with the public
interest. Such circumstances are:
1. The improvements do not create an impression in the mind of the average
member of the public that any portion of the public way is private
property.
2. The improvements do not decrease the ease of access to the beach for
emergency and utility vehicles or pedestrians.
3. The improvements do not result in the loss of legal parking spaces, except
for driveway approaches conforming to Council Policy L -2, "Driveway
Approaches ".
4. The improvements do not eliminate views of the beach from the nearest
alley or cross street that is parallel to the ocean front.
TYPES OF PRIVATE ENCROACHMENTS
A. Private encroachments requiring prior approval of the City Council and an
encroachment — permit and if applicable an encroachment agreement from the
Public Works Department.
1. Structural encroachments not otherwise listed, including, but not limited
to, fences, walls, patios, raised planters, etc., which encroach in excess of
one foot into the public right -of -way, or exceed three feet in height.
2. Driveway approaches not conforming to Council Policy L -2.
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3. Modifications to original design concepts approved by the City.
4. Signs.
5. Lighting.
6. Parkway surfacing other than standard Portland cement concrete,
textured concrete, flat stone, or brick installed at grade.
B. Private encroachments requiring prior written approval of the General Services
Department and an encroachment permit and if applicable an encroachment
agreement from the Public Works Department.
1. Bay front street ends.
a. Bay front street ends at beach level may contain two - foot -wide
planting areas bounded by redwood or concrete strips and
containing hedges no more than two feet in height. The planing
areas may be installed:
i. at each side of the prolongation of the street and extending
no more than 15 feet from the end of the paved street.
ii. at the end of the paved street, except that a 12- foot -wide
opening must be left for City emergency and maintenance
equipment, and pedestrians to enter the beach area.
b. Bay front street ends where tidal flow prevents standard
installation may be landscaped, subject to the prior approval by the
City of specific plans prepared by the applicant. Access to beach
areas must be provided for in any such specific plans.
C. Improvements will be installed at the expense of the adjacent
property owners.
d. Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
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2. Except as provided for in Paragraphs C. and D. below, unimproved ocean
front street ends may be improved under the following conditions:
a. Improvements will be installed at the expense of the adjacent
property owners.
b. Landscape maintenance and watering will be provided by the
adjacent property owners to the satisfaction of the City. A
sprinkler system connected to the adjacent property must be
installed in each planter.
C. All work must be installed to grades established by the Public
Works Department.
d. A four - foot -wide sidewalk will be provided on each side of the
street right -of -way adjacent to the property line.
e. A minimum of 12 feet of unobstructed access to the beach in the
center of the right -of -way will be surfaced with brick, asphalt,
concrete or artificial turf, or an equivalent surfacing approved by
the City.
i. Portland Cement Concrete. Six inches over native
compacted material.
ii. Asphalt Concrete. Two and one -half inches of asphalt
concrete over a six -inch -thick aggregate.
iii. Brick. Brick installed over four inches of imported aggregate
base. A dry mix of one -to -one cement and clean plaster sand
to be swept into the 1/4 to 1/2 -inch space between bricks.
The dry mix will be moistened with a fine spray of water
after it is in place.
f. Planters five feet wide will be provided between the side and the
center access along a portion of each side of the street with a heavy
emphasis on drought resistant plant materials. Plant material will
be installed to City specifications. A six -inch to 18 -inch high lip of
concrete, brick or rock may be installed as part of the planter.
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g. Special provisions will be made in the design when garage access is
required from street ends.
h. Where unusually large quantities of sand exist in a street end area,
the City will assist the adjacent owners by moving the same to an
area determined by the City.
3. Unimproved alleys that end at the ocean front may be improved under
the following conditions:
a. Improvements will be installed at the expense of the adjacent
property owner.
b. All work will be installed to grades established by the Public Works
Department.
C. Landscaping of potted plants will be permitted in the portion of the
alley right -of -way that terminates at the ocean front sidewalk. A
six - foot -wide inviting passageway will be maintained for
pedestrian access.
d. Where vehicles or pedestrians will travel, alleys may be surfaced
with brick, asphalt, concrete or equivalent surfacing.
e. Improvements will extend from the nearest street of alley
improvement to the northerly line of the ocean front.
4. If, in the opinion of the General Services Department, the location and
nature of this type of encroachment is such that review by the Parks,
Beaches and Recreation Commission is warranted, the Department may
forward the application to the Commission for review.
C. Where street ends or alley ends are improved in accordance with City standard
design criteria, standard drawings, and standard specifications, no approval of
the General Services Department or Parks, Beaches, and Recreation Commission
is required. An encroachment permit shall be obtained from the Public Works
Department.
D. In West Newport, from 36th Street to Summit Street, street ends will be
improved as provided for in Policy L -12.
F,
Im.
E. Private encroachments requiring an encroachment permit and if applicable and
encroachment agreement from the Public Works Department:
1. Standard drive approaches.
2. Standard curb, gutters, sidewalks, and street pavement.
3. Carriage walks and parkway surfacing of standard Portland cement
concrete, textured concrete, or brick.
4. Cable television and public utility facilities.
5. Structural encroachments not otherwise listed, including, but not limited
to, fences walls, patios, raised planters, etc., which encroach one foot or
less into the public right -of -way. If, in the opinion of the Public Works
Department, the nature or location of this type of encroachment is such
that City Council review is warranted, the Department may forward the
item on to the Council for action.
F. Private encroachments not requiring a permit:
None.
APPLICATION PROCEDURE
All applications for permits to construct private encroachments under this policy shall
be made to the Public works Department.
INSTALLATION
All improvements made under the provision of this policy shall be paid for by the
owners of adjacent property.
MAINTENANCE
All improvements made under the provisions of this policy shall be maintained by and
at the expense of the owners of adjacent property.
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W.
ENFORCEMENT
Enforcement of this policy shall be the responsibility of the Public Works Department.
In the event that private encroachments constructed under the provisions of this policy
are not maintained, the Public Works Department shall give written notice to the
permittee to restore said improvements to an acceptable condition, and further, setting
forth a specified date by which time the improvements must be restored.
Failure to restore said improvements within the period of time specified shall be cause
for the General Services Department to remove the improvements from the public
right -of -way without further notice to the permittee.
Adopted - August 24, 1981
Amended - November 8,1982
Minor clarifications - November 27,1989
Amended - January 24, 1994
Formerly L -10
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OCEANFRONT ENCROACHMENT POLICY
The City Council has approved Amendment No. 23 to the Land Use Plan of the Local
Coastal Program, which established specific restrictions and conditions on the
installation of private improvements in the public right of way along the oceanfront
from the Santa Ana River Channel to Channel Road. Existing encroachments are
located on a very small portion of the sandy beach and do not impact any of the 89
street ends and other public facilities which provide beach access through oceanfront
residential communities. However, encroachments could impact access to, and public
use of, the beach in the absence of an equitable and enforceable City policy limiting the
extent, size and nature of the encroachments. This policy is intended to implement
Amendment No. 23 by establishing a procedure for approval of permitted
encroachments, removal of prohibited encroachments, limiting the extent of
encroachments, and clarification of improvements permitted within each encroachment
zone.
A. Definitions.
1. For the purpose of this Section, the following words and phrases shall be
defined as specified below:
a. Existing encroachment shall mean any encroachment or
improvement installed or constructed before May 31, 1992.
b. New encroachment shall mean any encroachment or improvement
installed or constructed after May 31, 1992.
C. Improvements or Encroachments shall mean any object or thing:
i. within or oceanward of any encroachment zone described in
this policy;
ii. within or oceanward of the north edge of the Oceanfront
Boardwalk, between 36th Street and A Street; or
oceanward of any residential parcel from a point 250 feet
southeast of E Street to Channel Road.
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d. Encroachment permit shall mean the permit issued by the Public
Works Director authorizing the maintenance or installation of
encroachments or improvements within the encroachment zones
described in this policy.
e. Application shall mean any application for an encroachment permit
pursuant to the provisions of this policy and the land use plan of
the local coastal program.
f. Oceanfront Boardwalk, Oceanfront Walk, or sidewalk, shall mean
the concrete walkway along the oceanside of ocean front residential
properties between 36th Street and a point approximately 250 feet
southeast of E Street.
B. Encroachment Zones. Subject to compliance with the provisions of this policy:
1. The owner of any ocean front residential parcel between the Santa Ana
River and 52nd Street may install improvements on the oceanside of the
parcel up to a maximum of 15 feet oceanward of the private property line
and within an oceanward prolongation of the property lines on the side of
the parcel.
2. The owner of any oceanfront residential parcel between 52nd Street and
36th Street may install improvements on the ocean side of the parcel up to
a maximum of 10 feet oceanward of the private property line and within
an oceanward prolongation of the property lines on the side of the parcel.
3. The owner of any oceanfront residential parcel between A Street and a
point 250 feet southeast of E Street install improvements up to the
sidewalk and within an oceanward prolongation of the property lines on
the side of the parcel.
C. Prohibited Encroachments.
1. Encroachments and improvements are prohibited oceanward of private
property between 36th Street and A Street provided, however, the
northerly edge of Oceanfront Boardwalk in this area is not always
coincident with the oceanward private property line and improvements
northerly of the north edge of the sidewalk are not considered
encroachments or prohibited by this policy.
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2. Encroachments, including irrigation systems, and improvements are
prohibited oceanward of any ocean front parcel from a point 250 feet
southeast of E Street to Channel Road, provided existing trees which have
been planted and maintained in conformance with City Council policy,
and ground cover such as ice plant or indigenous plants are not
considered to be an encroachment, and will not require a permit pursuant
to this policy, but the City reserves the right to remove, trim or otherwise,
control the type and extent of any such landscaping.
3. Any existing encroachment or improvement for which no application has
been filed on or before May 31, 1992, and any new encroachment or
improvement for which no application is filed prior to installation is
prohibited.
4. Any new or existing encroachment or improvement which, on or after
July 1, 1992, is not in conformance with this policy is prohibited.
5. Any new or existing encroachment or improvement for which there is no
valid permit.
D. Permitted Encroachment /Improvements. Subject to compliance with the
provisions of this policy, the following improvements are permitted within the
encroachment zones described in Section B:
1. Patio slabs or decks no higher than six inches above grade or the finished
floor grade of the adjacent residence. The Public Works Director may
approve minor dimensional tolerances for patio slabs and decks only
upon a finding that the improvement is consistent with the spirit and
intent of this policy and the cost of strict compliance is disproportionate to
the extent of the nonconformity. Determination of grade will be made as
provided in Section J.
2. Walls and /or fences less than 36 inches in height above grade or the
finished floor grade of the existing residence. The Public Works Director
may approve minor dimensional tolerances for walls and /or fences upon
a finding that the improvement is consistent with the spirit and intent of
this policy and the cost of strict compliance is disproportionate to the
extent of the nonconformity. Determination of grade will be made as
provided in Section J.
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3. Existing improvements which were constructed in conjunction with
development for which a building permit was issued may be approved by
the Public Works Director upon a finding that the improvement is
consistent with the spirit and intent of this policy and the cost of strict
compliance is disproportionate to the extent of the nonconformity.
4. In no event shall the Public Works Director approve a permit for an
encroachment or improvement that varies more than 12 inches from the
horizontal dimensional standards of this policy.
E. Prohibited Improvements.
1. Any structural, electrical, plumbing or other improvements which require
issuance of a building permit.
2. Pressurized irrigation lines and valves.
3. Any object which exceeds 36 inches in height, exclusive of the following:
a. trees planted by the City of Newport Beach or private parties
pursuant to written policy of the City Council of the City of
Newport Beach; or
b. any landscaping or vegetation within the encroachment zone
subject to the following:
i. The vegetation or landscaping was installed prior to the first
effective date of this policy;
ii. The vegetation or landscaping does not block views from
adjoining property;
iii. The vegetation or landscaping does not function as screen
planting as defined in Title 20 of the Newport Beach
Municipal Code; and
iv. The vegetation or landscaping does not impair or affect the
health, safety or welfare of persons using the oceanfront
Walk, nearby property owners, or residents of the area.
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Notwithstanding the provisions of this Subparagraph, the City reserves the right to
reduce the height of any existing landscaping at any time, upon a determination by the
Public Works Director, and after notice to the owner of property on which the
vegetation or landscaping exists, that a reduction in height is necessary or appropriate
given the purposes of this policy.
F. Permit Process.
1. An encroachment permit shall be required for all permitted
improvements. The application shall be filed with the Public Works
Department on a form provided by the City. The application shall be
signed by the owner of the property, or an agent of the owner if the
application is accompanied by a document, signed by the owner, granting
the agent the power to act for the owner with respect to the property. The
application shall be accompanied by a site plan, drawn to scale and fully
dimensioned, which accurately depicts the location, height, nature and
extent of all proposed improvements and objects within the encroachment
zone. Applications with incomplete information and /or inadequate
drawings will not be accepted.
2. Applications for existing encroachments must be filed on or before May
31, 1992. Applications for new encroachments shall be filed before any
encroachment or improvement is installed. No new encroachments or
improvements shall be installed without an encroachment permit.
3. Upon receipt of the application, the Public Works Director shall, within
fifteen (15) days after the date of filing, determine if the application is
complete or if additional information is necessary or appropriate to an
evaluation of the application. In the event the application is incomplete or
additional information is necessary, written notice to that effect shall be
sent to the property owner within twenty (20) days after the application is
filed.
4. With respect to applications for existing encroachments, an inspection
shall be conducted of all improvements within the encroachment zone
before a permit is issued by the Public Works Director. With respect to
applications for new encroachments, an on site inspection will be
conducted after installation of the improvements to insure conformity
with provisions of the permit and this policy.
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5. The Public Works Director shall approve the permit upon a determination
that the encroachments proposed to be constructed, or to remain, are
permitted by this policy, the applicant has agreed to abide by all of the
terms and conditions imposed on the permit, and the applicant has paid
all fees required by this policy.
6. The Public Works Director shall have the authority to condition his /her
approval of the encroachment permit as necessary or appropriate to
insure compliance with the provisions of this policy. The Public Works
Director shall have the specific authority to condition approval of an
encroachment permit on the removal of nonconforming improvements
within a specified period of time.
7. The Public Works Director shall notify the applicant of his /her decision
within sixty (60) days after the application is filed and the decision of the
Public Works Director shall be final.
G. Term.
1. Except as provided in this Section, annual encroachment permits shall
expire on June 30 of each calendar year.
2. Encroachment permits issued prior to June 30, 1992 shall expire June 30,
1993.
H. Renewal.
1. Annual renewal fees shall be due and payable on or before May 31
preceeding the annual term of the permit. For example: Annual renewal
fees due on May 31, 2001, are for the period July 1, 2001 through Tune 30,
2002..
2. The Public Works Director shall approve annual renewal if:
a. The applicant has complied with all standard and special
conditions of approval;
b. The applicant has constructed only those improvements and
encroachments authorized by the permit;
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C. The applicant is in compliance with all of the provisions of this
policy.
I. Standard Conditions.
1. The Public Works Director shall impose standard conditions of approval
on all encroachment permits. These standard conditions shall include,
without limitation, the following:
a. The obligation of permittee to comply with all of the provisions of
this policy and all conditions imposed upon the permit.
b. The right of the Public Works Director to revoke any permit after
notice and hearing if the permittee is in violation of this policy or
conditions to the permit.
C. The right of the City to summarily abate encroachments or
improvements which are prohibited by this policy or conditions on
the permit upon ten (10) day's written notice.
d. The obligation of permittee to pay all costs incurred by the City in
summarily abating any prohibited improvement.
e. The obligation of permittee to defend, indemnify and hold the City
and its employees harmless from and against any loss or damage
arising from the use or existence of the improvements or
encroachment.
f. Permittee's waiver of any right to contest the City's street and
public access easement over property within or oceanward of the
encroachment zones.
g. The right of the Public Works Director or his designee to inspect
improvements within the encroachment zone without notice to the
permittee.
h. The right of the City to cancel or modify any, or all, encroachment
permit(s) upon a determination by the City Council to construct a
public facility or improvement within or adjacent to the
encroachment zone.
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2. The construction of any seawall, revetment or other device necessary to
control erosion, shall occur as close to private property as feasible.
Erosion control devices shall not be placed or installed closer to the ocean
to protect improvements or encroachments.
3. The Public Works Director may impose additional standard conditions
necessary or appropriate to insure compliance with, or facilitate City
administration of this policy.
J. Determination of Grade.
1. The nature of the beach makes a precise determination of grade difficult.
The level of the sand changes with wind, storm, and tidal conditions. The
Public Works Director shall determine the level from which the height of
encroachments and improvements is to be measured. In making this
determination, the Public Works Director shall consider the following
criteria:
a. The existing grade in the area;
b. Finished floor elevation or grade of the adjacent residence;
C. The elevation of existing encroachments on site and on adjacent
properties;
d. Any data on the historic elevation of the beach in that area.
K. Annual Fee.
1. The fees based on the depths of encroachment shown below shall be
established by resolution of the City Council and paid annually as a
condition of the issuance of encroachment permits:
Depth of Encroachment
0 - 21/2 feet
21/2 - 5 feet
5- 71/2 feet
0
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71 /2 -10 feet
10 -15 feet
2. For purposes of determining fees, the average depth of the encroachment
shall be used. However, the maximum depth shall not exceed the
limitations specified in Section B. A dimensional tolerance not to exceed
12 inches may be allowed in determining the appropriate fee to be paid by
persons with existing encroachments.
3. The annual fee shall be due and payable upon submittal of the application
for the initial encroachment permit. Renewal fees shall be due May 31 of
each year. The fee shall be considered delinquent thirty (30) days
thereafter. Delinquent fees shall be established by resolution of the City
Council.
4. The annual fee shall be used to defray City costs of administration,
incidental costs of improvements on street ends along the oceanfront, and
incidental costs to enhance public access and use of the ocean beaches. At
least eighty -five (85 %) percent of the fees shall be used by the City to
implement the mitigation plan as required by Amendment No. 23 to the
Land Use Plan of the City's Local Coastal Program. (See Section M.)
L. Violations /Remedy.
1. The City shall, in addition to any right or remedy provided by law, have
the right to do any or all of the following in the event a permittee is in
violation of the provisions of this policy or any condition to the permit, or
any encroachment or improvement violates the provisions of this policy:
a. Revoke the permit after giving the permittee notice and an
opportunity to be heard upon a determination that there is
substantial evidence to support a violation of this policy. The
Public Works Director shall establish the specific procedures
designed to insure that permittee receives due process of law.
b. Summarily abate any encroachment or improvement violative of
this policy after giving the permittee or property owner ten (10)
day's written notice of its intention to do so in the event the
permittee or property owner fails to remove the encroachment or
improvement. The permittee or property owner shall pay all costs
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incurred by the City in summarily abating the encroachment or
improvement. The determination of the Public Works Director
with respect to abatement shall be final.
M. Amendment No. 23 Land Use Plan of Local Coastal Program Mitigation Plan.
To mitigate any impact on beach access resulting from the encroachments, the
City shall:
1. Reconstruct thirty -three unimproved street ends between 36th Street and
Summit to provide additional parking and approved access in accordance
with the following:
a. The reconstruction shall provide a minimum, where feasible, of two
parking spaces per street end and shall proceed in substantial
conformance with the standard drawing, attached as exhibit "A."
b. The City shall use at least eighty -five percent (85 %) of the fees to
fund reconstruction of street ends until all have been improved.
The City will use its best efforts to improve three or more street
ends per year (except during the year when vertical handicapped
access is constructed), and anticipates that funding will be adequate
to do so.
C. West Newport street -end parking spaces shall be metered in the
same manner as the West Newport Park in order to encourage
public use of the spaces.
2. Within three years after Council approval of this Resolution, City shall
construct a hard surface walkway perpendicular to Seashore Drive at
Orange Avenue. The walkway shall extend oceanward a sufficient
distance to allow a view of the surfline by an individual seated in a
wheelchair. At least one handicapped parking space shall be designated
at the Orange Avenue street end. City shall designate at least one other
handicapped space at one of the first three street ends improved.
3. Subsequent to the reconstruction of all West Newport street ends, at least
eighty -five percent (85 %) of the fees generated by encroachments will be
used for the construction of improvements which directly benefit the
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beach going public such as parking spaces, rest rooms, vertical or lateral
walkways along the beach and similar projects.
[Attachment - Exhibit "A "]
Adopted - November 26, 1990
Amended - July 8, 1991 (Resolution 91 -80)
Amended - March 9,1992
Amended - September 28,1992
Amended - January 24,1994
Amended - February 27,1995
Amended - February 26,1996
Amended - February 24,1997
Amended — March 22,1999
Formerly L -14
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TEMPORARY BANNERS EXTENDING OVER
THE PUBLIC RIGHT -OF -WAY
FINDINGS AND PURPOSE
Temporary banners and signs pose risks to the public in the form of potential physical
obstructions in or over the right of way and by distracting an individual who otherwise
would, and should, focus on other users. The City Council also finds that, in the
absence of the size and number limits specified in this policy, temporary banners or
sign could reduce property values, adversely impact land uses, and interfere with the
recreational objectives of visitors to the City of Newport Beach. A total prohibition on
the installation of temporary banners and signs is appropriate with the exception of the
provisions of this Policy and Chapter 20.67 of the Newport Beach Municipal Code
because there are adequate alternative means of communication for those wishing to
engage in commercial or non - commercial speech except for temporary real estate signs
and non -profit groups organizations conducting community wide events co- sponsored
by the City of Newport Beach and open to the general public. Finally, the City Council
has determined that the restrictions contained in this policy and the provisions of
Title 20 of the Newport Beach Municipal Code are the least restrictive means available
to accomplish the public safety, economic and aesthetic objectives of the City Council.
GENERAL PROVISIONS
Temporary banners and signs shall not be permitted within or over any public street or
pedestrian right of way with the exception of temporary real estate signs as specified in
Chapter 20.67 of the Newport Beach Municipal Code and banners notifying the general
public of a community wide event, open to the general public without charge,
conducted by a non -profit corporation or organization, and co- sponsored by the City of
Newport Beach. Temporary banners and signs shall be installed in strict compliance
with the provisions of this Policy and any conditions imposed on the permit by the
Public Works Director.
PERMIT PROCESS
A. Except as provided in Title 20 of the Newport Beach Municipal Code, no person
shall install any temporary banner or sign within any public right of way
without first obtaining a permit issued by the Public Works Director.
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B. Applications for a temporary banner permit shall be submitted to the Public
Works Director on a form supplied by the City, and prior to 30 days of planned
installation date.
C. The Public Works Director shall determine if the application complies with the
standards specified in this policy.
D. The Public Works Director shall approve/ -er -deny /recommend City Council
approval of the application within five (5) working days.
E. The Public Works Director shall approve the permit if the application conforms
with the standards contained in this policy.
F. The Public Works Director shall deny the permit if the application does not
conform to the standards in this policy and shall give the applicant written notice
of, and the reasons for, the denial.
G. Permittee shall submit a $300.00 refundable security deposit to be applied to any
damages, repairs to standards or poles not corrected by permittee within 14 days
of banner removal or any special services required by City.
H. The contractor shall agree to indemnify and hold harmless the City of Newport
Beach.
I. The contractor shall maintain a minimum of $1,000,000 in liability insurance from
a company with a Best's Key Rating Guide parameter of "A" or better and a
financial size category of "VIII" or higher.
STANDARDS
A. Manner of Installation.
Permittee shall install no more than one hundred (100) banners;
2. Banners shall be no more than 2.5 feet wide and -78_0:5 feet high and
approved by the Utilities Division of the Public Works Department. Wind
load calculations, determined by a registered engineer, will be required
for banners greater than 20 square feet.
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3. Banners shall not encroach on or above any portion of a right of way
utilized by motor vehicles;
4. No more than one (1) banner shall be installed on any pole or standard
and banners may not be installed between poles or standards;
5. The banners shall contain only the name of the permittee and the date,
time and the name of the event to be conducted by the permittee;
6. All banner brackets must be mounted at least fourteen (14) feet above the
ground surface;
7. All banner brackets must be installed using stainless steel band clamps
and the brackets must be sufficiently strong to withstand wind -load
generated by ninety (90) mile per hour winds;
8. Poles or standards must be wrapped with forty five (45) ml thick black
rubber sheet or other pre- approved material under all steel brackets and
clamps and no portion of any bracket shall be in direct contact with the
surface of any street light pole or standard. In addition, all street light
oole(s) being used must be inspected and anoroved by the Utilities
9. Banners shall be installed only at locations specified on the permit;
10. Permittee shall install and remove banners in strict compliance with the
traffic control, signage and warning. device criteria specified in the
WATCH handbook and /or the Caltrans manual of traffic control;
11. If more than one permittee requests the use of the same street light pole(s)
at the same time, the City may require removal of some of the banners to
allow other organizations to install banners authorized under City
policies.
B. Time of Installation.
1. Permittee shall contact the City Electrician of the Public Works
Department of the City of Newport Beach at least forty eight (48) hours
prior to the installation of any banner pursuant to the permit;
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2. All banners and supporting material shall be removed within thirty (30)
days after the date of installation;
3. Banners may be installed only between September 1 and May 31.
C. Place of Installation.
1. Banners shall only be installed on City owned poles and standards;
2. Banners shall not be installed on any pole or standard which could create
sight distance problems for pedestrian or vehicular traffic;
3. Banners shall not be installed on poles or standards in any residential
district.
4. Banners shall only be installed at the approved locations indicated on the
plan submitted with the banner application.
Adopted - January 24, 1994
Amended - February 26,1996
Amended - February 24, 1997
Formerly M-4
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