HomeMy WebLinkAbout11 - La Strada dell' Arte Request for Waiver of Special Event FeesCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 11
(September 9, 2003)
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Recreation and Senior Services
Marie Knight, Director 644 -3157
mknight@city.newport-beach.ca.us
SUBJECT: Request for waiver of Special Event Fees for the La Strada dell' Arte
APPLICANT NAME: Ralph Rodheim, Rodheim Marketing Group
ISSUE
Should the City waive and /or lower fees and policies associated with the La Strada dell' Arte
special event to be held on Saturday and Sunday October 4 -5, 2003 in Balboa Village on the
Peninsula?
RECOMMENDATION:
Staff recommends denial of the request to waive any fees or policies associated with this
event.
DISCUSSION:
Ralph Rodheim, Rodheim Marketing Group has submitted an application for a special event
to be held in early October on the Penninsula, the La Strada dell' Arte. (Attachment A). This
event is similar to others held throughout California at which artists "paint" in the street using
chalk. The two -day festival is designed as a family friendly festival to bring people to the area
to view the artists as they paint, as well as view the final product. The event also involves
food, music and displays of other types of art. The event request calls for the closure of
Washington Avenue for the actual painting, the use of Main Street for displays of other art,
the use of the public parking area for vendor parking and events such as a children's stage
and painting area, and the use of Peninsula Park for a mini "Taste of Newport" type event
where script is sold for tastes of food and beverages, including alcoholic beverages.
(Attachment B is a preliminary event plan)
Although the application was submitted on July 7, 2003, staff has been unable to finalize and
approve the permit for this special event, as we are still waiting for the necessary
documentation such as the Certificate of Insurance, and Park Reservation Request, all of
which have been requested on. numerous occasions. However, since Mr. Rodheim began
requesting a waiver of fees prior to approval of his application, staff made a preliminary
review of the application and apprised Mr. Rodheim of the various fees potentially related to
the production of a special event such as he is proposing. On July 30, 2003 staff received a
request from Mr. Rodheim to waive all of the fees related to this event as well as some of our
existing City policies that govern the use of our parks. (Attachment C)
Request for waiver of Special Event Fees for the La Strada dell' Arte
(September 9, 2003)
Page 2
Although we are enthusiastic about the potential for such a wonderful event in our
community, staff feels that the City is not in a position financially to support the event with the
numerous fee waivers and free services that have been requested. Each year there are
hundreds of special events held in our community and the impact of these events places a
great fiscal burden upon City resources. It has been the policy of the City Council to ensure
that the numerous special events permitted by the City do not negatively affect the
community, that the City's liability is eliminated, and that all costs for municipal services are
recovered from the event sponsors.
Before responding to Mr. Rodheim's request, the information regarding his special event was
routed to all affected City Departments in order to gather information on any concerns or
issues that may arise from the event as well as event related fees. Staff responded to Mr.
Rodheim on August 18, 2003 (Attachment D) denying his request to waive fees or policies.
Mr. Rodheim has since submitted a letter on August 29, 2003 appealing staffs decision and
again requesting that City Council waive event related fees and polices. (Attachment E)
BACKGROUND
In the past year there have been a total of 331 special event permits pulled for various events
and activities held in this City. Of those, 87 were for non - profit organizations. Many of these
events, such as the Taste of Newport and the Spirit Run are hosted by or in benefit of non-
profit organizations operating in or serving Newport Beach. In reviewing the request made by
Mr. Rodheim, staff finds no element of this event that sets it apart from the many others held
in our community thereby justifying special consideration and taxpayer subsidy in the waiving
of the cost for City related services. If the fees for this event were to be waived, then the other
event - holders could reasonably expect the same consideration. This could cost the City in
excess of $50,000 a year in City related services.
With respect to the City policies Mr. Rodheim is requesting to have waived:
1. Mr. Rodheim is requesting that the fees be set at the rate given for a non - profit
organization, as "the Newport Harbor Nautical Museum is the new entity spearheading the
event."
This is the third non - profit organization that Mr. Rodheim has indicated to staff that
will be the main beneficiary of the event. In the August 29th letter he lists two
others: the Balboa Performing Arts Theater Foundation and the Balboa Business
Improvement District who will also be receiving some of the proceeds. Staff has
been unable to ascertain just what percentage of the proceeds will be going to
these charities, however, we do know that Rodheim Marketing Group will be paid
for their services as Event Manager. Staff feels, in light of the fact that the
benefactors of the event continue to change, that this is simply an attempt to
"shop" for a sponsoring non - profit in order to have the fees lowered and
recommends that the fees charged continue to reflect that of the Commercial Rate,
as the original permit applicant was Rodheim Marketing Group.
2. Mr. Rodheim is requesting that the requirement for notification of the surrounding
neighbors and businesses be waived.
The nature of this event, including potential road closures, music, the service of
alcohol, parking impact, etc. justifies the need to be sure that those businesses
and residents in the area are notified of potential inconveniences or even loss of
Request for waiver of Special Event Fees for the La Strada dell' Arte
(September 9, 2003)
Page 3
business due to this event. Again, we need to be sure all is done to lessen the
impact of such events on the community. There are many businesses in the area
that., although this is not during the busier summer season, still depend on
available parking and access to conduct their business. Staff recommends that
this policy not be waived, and, as always in the past, the burden and cost of such
notification lies with the event sponsor. Mr. Rodheim has been given a list of the
property owners within a three -block radius of the event and has also been asked
to notify all businesses in the area and provide proof of such notification.
3. Mr. Rodheim has requested approval to fence in a portion of Peninsula Park for the
service of alcohol.
Staff has denied this request as the service of alcohol in public parks is prohibited
by City Ordinance 10.04.010. A chalk art event appears to be a family event, and
as such, staff feels that the City's policy on prohibition of alcohol in the parks
should stand. In addition, in discussing the event with the Police Department, they
are also in support of denying this request. The event related area is largely
residential, which will immediately make it a very different event from the Taste of
Newport or other similar events. Although the consumption of alcohol has been
proposed in a designated area, persons who have consumed it are free, in fact
encouraged, to roam around the neighborhoods and adjoining areas. The area of
the proposed event requires attendees to cross Balboa Boulevard, presumably,
several times during the event. To do so after the consumption of alcohol creates
a safety concern.
It is also proposed that alcohol be for sale at the event, as opposed to simply
"tastes" as is intimated in the letter of August 29`h. According to Mr. Rodheim,
beer, wine and shots of Vodka will be sold at the event. Three of the events main
sponsors are alcoholic beverage companies. Staff is again recommending the
denial of the request to fence in Peninsula Park for the consumption of alcohol,
and recommends that the sale of alcohol be removed from public property and
relocated to another location within the event area.
In addition, we have not yet received detailed site plans for the proposed use of
the park area. Whether or not alcohol is approved for service in the Park, the
event holder still plans to use the park for service of food and entertainment and
would like to fence in the food area. Staff recommends that this not be approved
until detailed site plans are submitted that would tell us how much of the park will
be closed to the public during this event, and we have had the ability to review
fencing construction plans as well as access from a public safety perspective.
Staff continues to have concerns regarding this event, as each time we hear from Mr.
Rodheim there are new aspects to the event that are unveiled. For example, in a meeting
with staff last week, Mr. Rodheim mentioned that he will need certain areas available on
Thursday October 2 "d. This had never been discussed in prior conversations; in another
meeting attended by staff, it was mentioned that the event will include cars parked on the
park, again, something that has not been requested. At this time it remains difficult for staff to
determine if this event should be approved as we continue to await critical pieces of
information from the event planners.
Request for waiver of Special Event Fees for the La Strada dell' Arte
(September 9, 2003)
Page 4
Environmental Review: None.
Prepared & Submitted by:
Mari Knight, Recr ation Senior Services Director
Attachments:
A. Special Event Permit for La Strada dell'Arte submitted by Rodheim Marketing Group
B. Preliminary Event Plan
C. Letter from Ralph Rodheim, Rodheim Marketing Group dated July 30, 2003
D. Letter to Ralph Rodheim, Rodheim Marketing Group dated August 18, 2003
E. Letter from Ralph Rodheim, Rodheim Marketing Group dated August 29, 2003
MRY -15 -2003 12:16
�C
Cityrof Newport Beach
COMMUNITY SERVICES
COMMUNITY SERVICES 949
At+ach rne-rft
P.O. IOX 1761, 0000 NEWPOLT ILVP
NIWPO)T )EACH, CA 07660.8015
❑
Casino ❑ Tournament ❑ Surf Contest 41Q Festival OPFlC _ _ ..
rr/C ❑ Roce /Walk �N�� EVENT NUMBER: lis
lM Live Music ❑Sales/Expo n 7 APPLICATION FEE:
❑ Parade /Processions ❑ Concert /Performance ❑ Other jMt,11 -9tJ ST�cCLI C1�I ti,iit: DATE PAID:
Event Title: /.P S7RI! ()A WLL 1(L[C Event Date: ACT yd ti
Estimated attendance per day:,- eY>o Participants: _50�J Spectators: 7 7p
Admission fee? g<0 ❑Yes- Describe:
Actual event hours: i (i - Set up/assembly Dote :p^ "( -j Start Hme•
Break down /dismantle Dale: e� T 5 Completion time: Q3 PM
Location (exact address): K (7w7 - (,,.A< t,1 io! P) 0 W
Total number of days: -r(a J L)
Site Plan attached:
List any streets that require closure for this event: 6,)45-N( /V G T(5 io - %{ (%AU/1n 5T cjspj<4 0(' (� j
Hosl Sponsoring orponization(s): POj)(-f(= (I?Z �i n �p ' Contact person PA( -PH ( r ('t l /?
Address: f (�l3kl ��2CE, City'r1 -rn `rf sA Zip' 9-�62X
Phone %(y)`)Li7- 5(CYJh! Fox:Wq) L %-@O'? e- mail: 0:Fftc7 COO,
Please list name, address, phone and e-mail of any professional organizer or event planner hired by you to produce this event:
e -mail:
If professional event organizer is opplying for this permit, o letter from the Chief Officer of the organization which authorizes the
applicant to apply for this permit is required.
Responsible person 'on site' day of event: Poger /tell phone:
This person must be in attendance for the duration of the event and immediately available to City officials.
MWE
Phone number for public event information: (71'-I)
Traffic safety equipment required: ❑No LN as- Describe•
Provide a detailed traffic plan for road closures: 5`d5' tQ- 17`,Cr
Describe entertainment and related activities: l' O tt 1�(Yi? K - SgncL'( Lf TLQ t/l L t2` 1GL TNt Vi ICGX
Will Food be prepared at the event site? ❑No DYes- Describe• R 5 & C t j wr (/
APPLICANTS MUST COMPLETE BOTH SIDES OF THIS DOCUMENT
MRY -15 -2003 12:17 COMMUNITY SERVICES 949 644 3155 P.03i09
Are there plans for signs /inflotable displays? ❑No O'Yes- Describe /j (t,L k5 -
Will there be a droving, raffle, or casino? RN'
J✓ NO DYes- Contact person: Phone:
Will there be sound omplification? ONo Mes- indoors or tdoor li(J(f TO Nlip to //-
Hours and
Describe sound equipment: LIV' �i I )11�rs1�
Amplified sound requires an on site contact person. Name: lit / H liD hl!•'I ^^ Pager /cell phone>T'e -d el -eij/(3
�{ - _ (PERMIT REQUIRED FOR EACH TENT OVER 200 sa.FT.
Will there be canopies or tents? ❑No I_1Tes -Size & number• /j 10 (o AND/OR CANOPIES oyEF ADD sa.FT.I
Date installed: /fir 3 Date removed: 6G7 5 Supplier:
Will booths, bleachers, stages or structures be erected?
,,�,,// PMf 51' ft(/ xis cDi C"I"Ok
Will signs or banners be used? ❑No Lr3Yes- Describe size and location:
Will there be generators, vehicles, boats or other equipment? ONo OYes- Descri6e:
A, �.4 �_ •� of s i
I, THE UNDERSIGNED, ACKNOWLEDGE AND UNDERSTAND THAT I AM RESPONSIBLE TO COMPLY WITH THE INFORMATION, RESTRICTIONS AND
CONDITIONS OF THE PERMIT WHEN ISSUED. I NEARBY ACKNOWLEDGE RESPONSIBILITY FO EN /AJ�p�ES ASSOCIATED WITH NON - COMPLIANCE WITH THE
PERMIT CONDITIONS, WHETHER OR NOT 1 AM PRESENT AT THE TIME OF THE VIOLATION-'
xnaa
I hereby certify the foregoing statements to be true and correct, and agree to defend, indemnify and hold harmless the City of
Newport Beach, its City Council, officers, agents and employees from and against any and all loss, claims, damages, liobillty, such
claim or suit arising from or in any manner connected to the requested activity. I also agree, if approved, to comply "Is all permit
conditions, and understand that failure to comply With any condition, or any violation of law may rp It in t "min eta cancellotion of
the event, denial of future events and or criminal prosecution. / / ��/ 6
TO AVOID LATE FEES. PERMIT APPLICATION MUST BE RECEIVED 10 FULL BUSINESS DAYS IN ADVANCE OF EVENT.
Attachments received: ❑Insurance OTraffic control /plot plan OBOnner permit
Mite plan OTent permit application
R NR R NR R NR
LEVEL I— Permits routed to other departments: $ PD $115 $175 $200 $290 S3)0
(APPEAL FEE $60)
LEVEL 2— Permits for Complex events requiring road
closures, attachments or permits required by
other departments: (APPEAL PEE S901
LEVEL 3— Permits for major events requiring rood closures, $28S
attachments, permits required by other departments
and one pre -event meeting: (APPEAL FEE $200)
$230 $270 $340 $375
5570 $655
`Any application submitted less than ten business days prior to the anal is considered late and will he charged accordingly.
"Any application •abinieed less than rhrce 6 inAvt days prior to The event is considered a rash and will be charged accordingly.
R•RESIDENT, NIL•NON- RESIDENT
la Strada dell' Me
October 4 -5r 2003
Event Plan
Balboa Village
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Children's
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Art tll C it 1�1 t rt t
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Road Clasures
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laud Area
Music
PavFFFion
Catalina Flyer
Balboa Boulevard
oo �� Oi/ s Roots ?ill eM Vn S,`. ; 1
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PARKING �7
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Long
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PARKING.
Long Term
Featured At-fist
Taste of halt'
Fond Pavilion
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30 July 2003
Marie Knight
Director
City of Newport Beach Recreation and Senior Services
P.O. Box 1768
Newport Beach, CA 92658 -8915
RE: Fee Waiver for La Strada dell' Arte Festival, Balboa Village, October 4 -5, 2003
Dear Ms. Knight:
I am writing regarding the application for a Special Event Permit from the City of Newport
Beach for the La Strada dell' Arte street festival, which will take place on Saturday and Sunday
October 4 -5, 2003 from 10 a.m. -6 p.m.
We are excited to offer a public event that will celebrate the results of the City's investment in
the Renaissance of the Balboa Village! La Strada dell' Arte is an Italian -style street - painting
festival, and will feature approximately 100 juried artists creating chalk murals on the streets of
Balboa Village, a street painting area for children, strolling street entertainers (musicians, mimes,
dancers, etc.), and a "Taste of Italy" food pavilion provided by The Olive Garden, the presenting
sponsor, and featuring a variety of fine food from local restaurants (the City of Newport Beach
will receive a list of participating restaurants approximately one month before the Festival).
La Strada will be a fun family- oriented event, and our marketing and public relations efforts
will be aimed at encouraging residents of Newport Beach, as well as tourists, to enjoy the newly
renovated Balboa Village. We anticipate that Balboa Village businesses, hotels, restaurants, etc.
will benefit from the influx of local residents and tourists that will occur during the festival. We
further anticipate that the event will generate revenue for the City via sales tax on items /food
sold at the event.
We are committed to the continuing improvement of Balboa Village. It is our hope to make La
Strada an annual public event that will draw an increasing number of residents and tourists to
the Balboa Village area. Additionally, a portion of the revenue from this event will be donated to
the Balboa Performing Arts Theater Foundation.
We are very great full that the City to date has shown significant support for our efforts with this
festival: beginning with our initial planning for this event, we met with members of the city who
gave us suggestions and proposed a site plan for the festival (attached as a preliminary site plan).
Fee Waiver Request for La Strada dell' Arte
Page 2
However, we need to request the city's help once again with our efforts to make this festival a
success. With the understanding that our resources are limited and time is short, there are a
number of fees and procedures that we need to have modified or waived in order for us to ensure
that the event moves forward in a timely and efficient manner.
Therefore, we are respectfully requesting that the city waive the following fees and procedures
associated with this event:
FEES
Special Event License
Park Reservation Fee
$370
Deposit $110
Rental of Peninsula Park Gazebo (9 a.m. Oct. 3 -10 p.m. Oct. 5) $340 /hr
Park area of Peninsula Park (9 a.m. Oct. 3 -10 p.m. Oct. 5) $340 /hr
Road Closure Fee
Areas of Washington Street indicated in yellow, with barriers indicated in
red on the enclosed map (9 a.m. Oct. 3 -10 p.m. Oct. 5)
Metered parking area at the corner of Bay and Palm as indicated in green
on the enclosed map (9 a.m. Oct. 3 -10 p.m. Oct. 5)
Parking area at the corner of Washington as indicated by the yellow box
on the enclosed map (9 a.m. Oct. 2 -10 p.m. Oct. 5)
Traffic Control Equipment Fee
Traffic barriers on Washington Street at Bay Avenue, Balboa Boulevard,
in between Balboa Boulevard and the boardwalk, and up to the parking
lot, as indicated in red on the enclosed map (9 a.m. Oct. 3 -10 p.m. Oct.
5)
Traffic re- routing signs directing traffic to alternatives to Washington
Street (9 a.m. Oct. 3 -10 p.m. Oct. 5)
We anticipate no need for other assistance with traffic control; however,
we accede to the City's greater experience in this area.
Fire Permit 7
We would like to request a waiver of any fees associated with, but not limited to:
1) Having tents /canopies at the food area of the event (inside the pink
box on the enclosed map) from (9 a.m. Oct. 3 -10 p.nn. Oct. 5)
2) Having fniel tanks at the food area of the event (inside the pink box
on the enclosed map) from 4 p.nn. Oct. 3 through 8 p.m. Oct. 5
3) Having heat producing devices in the food area of the event (inside
the pink box on the enclosed map) from 4 p.m. Oct. 3 through 8
p.m. Oct. 5
4) An inspection by the Fire Department of the food area (inside the
pink box on the enclosed map) at 9 a.m. on Oct. 4.
Fee Waiver Request for La Strada dell' Arte
Page 3
Police Presence
We anticipate no need for a police presence from the city for the
following reasons:
1) This is a daytime, family event.
2) We are retaining our own private security to monitor the artwork,
booths and chairs, paintings, food area, etc. for the duration of the
event, from set -up until tear -down (i.e. from 9 a. in. Oct. 2 -10 p.m.
Oct. 5).
However, we again accede to the Chy s expertise in this area. If the City
deems a police presence at the event necessary, we request a waiver of
the fees associated with this police presence.
PROCEDURES
Restriction on alcohol in city parks
It is our understanding that alcohol is not generally permitted at city parks. However,
two of the sponsors of this event are alcoholic companies who have agreed to provide
product at the event. The Festival will comply with all Alcoholic Beverage Control
regulations in the dispensing of alcoholic beverages at the event (including naming the
City of Newport Beach as an "additionally insured" on our insurance policy for the
event). (The City of Newport Beach will receive a copy of the Festival's permit from the
ABC once the Festival has received it.) We therefore request that the consumption of
alcohol be permitted ONLY WITHIN FENCED IN AREA OF THE PENINSULA
PARK FOOD AREA (inside the pink box on the enclosed map) at the Festival between
the hours of 10 a.m. and 6 p.m. Oct. 4 and 5. (Storage of alcohol for the event will
include a refrigerated truck parked behind the food area from 4 p.m. Oct. 3 to 8 p.m.
Oct. 5.)
Restriction on fencing -in a city park
It is our understanding that city parks are not generally permitted to be fenced in.
However, to comply with Alcoholic Beverage Control regulations regarding serving
alcohol, we must serve the alcoholic beverages at our event within a contained area. We
therefore request that we be permitted to fence in (with a chain -link fence) the grassy
area of Peninsula Park (including the gazebo, as indicated by the pink box on the
enclosed map) from 9 a.m. Oct. 3 -10 p.m. Oct. 5 at no cost to the city (we have secured
a sponsor willing to fence in the area). TIVe further request that we be permitted to
portion off (using a white picket fence) a section of the food area inside the chain -link
fence for a special reception area for event sponsors (again, at no cost to the city —a
sponsor is providing the picket fence materials).
Notification of residents in area
It is our understanding that an event of this sort would typically require proof that we
have contacted all residents /business owners surrounding /immediately affected by the
event, and that all residents business owners are in favor of the event. We have notified
Fee Waiver Request for La Strada dell' Arte
Page 4
the Balboa Merchants and Owners Association as well as having met with the Peninsula
Point Residence Association both are supportive. Now given our limited resources, the
short time frame until the event, and the nature of the event (daytime, family- oriented,
with all music at a moderate noise level and using traditional Italian instruments), we
would like to request that the city waive this requirement. If the city deems it necessary
that we notify all residents/business owners in the immediate area of the event, we
request the city's assistance in compiling a list of names and addresses for those we
would need to contact.
SPECIAL REQUIREMENTS
Reslurrying Streets
Pending the condition of the pavement on Washington Street as outlined in the areas of
the enclosed map that are highlighted in yellow or enclosed in green, we may need to re-
slurry to provide an adequate "canvas "for the street artist. Councilman Ridgeway
volunteered that this would be something the city could do if needed.
We have tried to be comprehensive in our list of fees and requirements that we need to have
waived or modified in order for this event to be a success. However, if there are other fees or
procedures not on any of the above lists that the City believes to be necessary to our event, we
would greatly appreciate feedback from the City on those items as quickly as possible.
Once again, we are very much looking forward to providing the residents and businesses of
Newport Beach a unique opportunity to participate in a community festival celebrating the
revitalization of the streets of Balboa Village, and look forward to the City's cooperation in
helping us make this event possible.
Sincerely,
`
Ralph Rodheim
President
Rodheim Marketing Group
125 E Baker Street Suite 266
Costa Mesa, CA 92626
714.557.5100 x13
Ralphrcyrodheim- marketing. com
www.rodlieim- niarketing.com
Fee Waiver Request for La Strada dell' Arte
Page 5
Attachment: Event Plan
AitUCh nit It
Jb
CITY OF NEWPORT BEACH
RECREATION & SENIOR SERVICES
Marie Knight, Director
August 18, 2003
Ralph Rodheim
Rodheim Marketing Group
125 East Baker Street, #266
Costa Mesa, CA 92626
Dear Mr. Rodheim:
Thank you for the information you submitted regarding the La Strada dell' Arte event and your
recent inquiry into possibly waiving event related fees. Although we are enthusiastic about
your bringing such a wonderful event to our community, the City is not in a position financially
to support the event with the numerous fee waivers and free services you have requested.
Each year there are hundreds of special events held in Newport Beach and the impact of
these events p laces a g reat f iscal b urden u pon C ity resources. I t is t he p olicy of t he C ity
Council to ensure that the numerous special events permitted by the City do not negatively
affect the community, that the City liability is eliminated, and that all costs for municipal
services are recovered from the event sponsors. Rare exceptions are made only when the
events are sponsored by and support a non - profit cause.
Upon review of your requests, and discussions with the City Manager, staff has reached the
following decisions:
A. The Special Event Permit application fee of $370 will not be waived.
This fee covers the staff time necessary to administer the initial application and work with you
throughout the application process.
B. Your request to waive the requirement of notification to the neighbors will not be
granted, and as with all other similar applications, the burden of notification lies with
the applicant.
This event will have a great impact on both the businesses and residents in the Balboa
Peninsula area and, although you have done some outreach to the formal associations
operating in that area, they are not totally representative of all those who will be impacted.
Therefore,
C. Regarding your request to serve alcohol in the park, currently this is prohibited by
section 10.04.010 of the City Municipal Code, therefore, at the staff level, your request
to serve alcohol in Peninsula Park is denied.
Your recourse would be to appeal this staff decision to the City Council, as only the Council
can waive its policy regarding the use of alcohol in a City park.
D. Subsequently, your request to fence off Peninsula Park to facilitate serving alcohol is
denied.
Again, only the City Council could grant this request.
3300 Newport Boulevard - Post Office Box 1768 - Newport Beach, California 92658 -8915
Telephone: (949) 644 -3151 - Fax: (949) 644 -3155 - www.city.newport- beach.ca.us
Letter to Ralph Rodheim
Page 2
E. If you were still interested in utilizing the park and field area for an activity other than
the service of alcohol, then some fee relief will be given on the rate for reserving the
park. Normal commercial rate is $884 per hour for a commercial event. Staff's
recommendation at this time is to charge a rate in the Non - resident Private event
classification that is $88 an hour. This will include your set up and clean up time frame.
F. If you need the streets to be slurry sealed prior to the event, it will be at your expense.
G. The City will be charging for any other indirect expenses related to the event such as
road closures, police and fire and additional trash pickup as required.
H. Staff will need a detailed plan regarding cleaning up the streets after the event. If City
staff is needed to wash chalk off streets, there will be an extra charge.
If you are going to handle this aspect of the clean up you will need to submit to us a clean up
plan so that we can be sure it meets current codes and street cleaning procedures.
I. Permit fees will be waived for on site banners that do not relate to alcohol service.
Any alcohol banners will require banner permits.
J. In order to assist you in your event planning and budgeting, here is a summary of the
potential fees for which you will be responsible based on the information you have
submitted to date:
a. Permit application fee $370
b. Banner fees (alcohol related) $38 per banner
c. Park Rental fee $88 per hour
d. Park cleaning deposit $150
(Refunded after event if proper cleanup of the park is done
and there no damage)
e. Tent permit $56
f. Propane permit (if propane is used) $56
g. Fire Inspection $220 minimum
h. Street closure permit $56
i. Parking Meters $290
j. Police (8 officers and 1 sergeant) $9,792 estimate
k. Street closure staff $415
I. Street Clean up /refuse pick up if performed by the City Unknown
m. Slurry seal streets $4000 -$6000 estimate
I know that you have begun to advertise this event and I need to caution you that at this time
that you still do not have an approved Special Event Permit for this event. It is critical that
your application is finalized as soon as possible so that we can route it to the necessary City
Departments, receive their input and issue your permit. Before we can do that you must pay
the application fee, the park rental fees and cleaning deposit if you are utilizing the park.
Once we have received the input from the City Departments, Matt Dingwall Recreation
Services Coordinator who handles the processing of Special Event Permits, will contact you
to set up a pre -event meeting. This is part of our approval process for all Level 3 permits, and
gives the appropriate City staff an opportunity to meet with you, ask questions about the
event and clarify any issues or concerns they may have.
Letter to Ralph Rodheim
Page 3
Again, I would be happy to answer any questions you may have or provide any additional
information you need as you move forward in your planning. I can be reached at 949 -644-
3157.
Sincerely,
"nht,. ervices Department
cc: Homer Bludau, City Manager
Cathlyn Harris, Event Coordinator, Rodheim Marketing Group
Ri-t-au� me�1-t
August 29, 2003
Homer Bludau
City Manager
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Dear Mr. Bludau:
I am writing regarding the La Strada dell' Arte application for a Special Event Permit, and request for a
waiver of fees for this event, from the City of Newport Beach. The event is scheduled to take place on
Saturday and Sunday October 4 -5, 2003 from 10 a.m. -6 p.m. in Balboa Village on the Peninsula.
La Strada dell' Arte is an Italian -style street - painting festival that will feature approximately 75 juried
artists and local school art classes creating chalk murals along Washington Street in Balboa Village, a
number of fine artists selling their paintings along Main Street, a "Piazza de Bambini" where children can
create their own street paintings, gondola rides to the Pavilion, strolling street entertainers (musicians,
mimes, dancers, Renaissance baffle reenactments, etc.), and a "Taste of Italy" food pavilion in Peninsula
Park that will be provided by The Olive Garden (the presenting sponsor) and will feature a variety of fine
food from local restaurants.
Due to the short time frame of the planning of the event, Ralph Rodheim, a Newport Beach resident, and
his company, Rodheim Marketing Group, originally took the lead in the management of and permitting
process for this event, primarily because they were convinced, due to their past involvement in a similar
festival in Valencia, California, that the event had the potential to bring a significant amount of business
and create a significant amount of positive publicity for Balboa Village, as well as, generate revenues for
the Newport Nautical Museum and other charities.
The reason for this letter and request is that the Newport Harbor Nautical Museum will now be the
beneficiary of the event and Rodheim Marketing Group will act as the events manager.
We are excited to offer a public event that will celebrate the results of the City's significant investment in
the Renaissance of the Balboa Village and are especially grateful that the City, to date has shown
significant support for our efforts with this festival. However, we need to request the city's help once again
with our efforts to make this festival a success. With the understanding that our resources are limited and
time is short, there are a number of fees and procedures that we are asking to be waived and or modified
to ensure that the event moves forward in a timely and efficient manner.
When Rodheim Marketing Group was the lead agency, it is understandable why the staff had to deny
certain request's. However, now that the Newport Nautical Museum is the beneficiary, we would like to
address some issues raised by the City's staff for a waiver of fees for this event. Below are the City's
responses to Rodheim Marketing Group's initial request for a waiver of fees, followed by our appeals to
these responses (in bold type).
A. The Special Event Permit application fee of $370 will not be waived.
This fee covers the staff time necessary to administer the initial application and work
with you throughout the application process.
Given that the Newport Harbor Nautical Museum, a non - profit organization, is the
new entity spearheading the event, we would like to request that the City charge
the Special Event Permit application fee that would apply to a non - profit entity.
Follow up on Fee Waiver Request
Letter to City of Newport Beach
Page 2
B. The burden of notification of surrounding businesses and residents lies with the
applicant.
This event will have a great impact on both the businesses and residents in the Balboa
Peninsula area and, although you have done some outreach to the formal associations
operating in that area, they are not totally representative of all those who will be
impacted. Therefore, [sic]
As stated in the Rodheim Marketing Group's initial request to the City: "given our
limited resources, the short time frame until the event, and the nature of the event
(daytime, family- oriented, with all music at a low noise level and using traditional
Italian instruments), we would like to request that the city waive this requirement.
We recognize the importance of notifying all residents and business owners about
the event, and in fact have met in person with all of the businesses in Balboa and
have met with the Peninsula Point Home owners association board of directors as
well as with BMOA. Additionally, we will be sending all residents of Balboa Island
and Balboa via the Balboa Beacon and the Island News flyers regarding the event.
We will also be taking out approximately $5,000 (In -kind) ads with the Daily Pilot,
as well as notifing residents via a LA Times topper the Wednesday prior to the
event.
If the City still deems it necessary for us to notify residents and businesses in the
area, we would request further information about this process, the type of
notification required. We again state that we would appreciate the City's
assistance to compile a list of parties needing to be notified.
C. Regarding your request to serve alcohol in the park, currently this is prohibited by
section 10.04.010 of the City Municipal Code, therefore, at the staff level, your
request to serve alcohol in Peninsula Park is denied.
Your recourse would be to appeal this staff decision to the City Council, as only the
Council can waive its policy regarding the use of alcohol in a City park.
We would like to appeal to City Council to request their approval to serve alcohol
in Peninsula Park. We anticipate that our "Taste of Italy" food pavilion would
operate somewhat like a mini "Taste of Newport," where the alcohol served will
more closely resemble a "sample" than a full portion. We again remind the City
that alcohol will only be served to properly identified wristband - wearing adults,
and that alcohol will only be served within the confines of the food pavilion. None
of the participating restaurants will serve alcohol. Alcohol will be served by
trained volunteer event staff in the same manner as at the "Taste of Newport".
Furthermore, the alcohol being served is the result of several key sponsorship
relationships that are critical to making this event possible.
We request the City's assistance in receiving the guidance necessary to ensure
that our service of alcohol meets all required guidelines.
Follow up on Fee Waiver Request
Letter to City of Newport Beach
Page 3
D. Subsequently, your request to fence off Peninsula Park to facilitate serving
alcohol is denied.
Again, only the City Council could grant this request.
To comply with ABC regulations, alcohol at events like La Strada dell' Arte must
be served within a confined location. Quoting from the application for a special
one -day ABC license: "The Department's policy regarding the issuance of one -day
licenses for public events is to require a 'Beer Garden.' The sale, service, and
consumption of alcoholic beverages will be restricted to specific zones within the
event site. Such zones will be clearly defined and capable of being closely
regulated and monitored." Since Peninsula Park is an open area, we request
permission to at least enclose the "beer garden" to create the "clearly defined and
specific zone" required by the ABC, and to minimize security requirements for the
event. The alcohol will be served within the enclosed area of Peninsula Park. We
would like to appeal the above to City Council.
E. If you were still interested in utilizing the park and field area for an activity other
than the service of alcohol, then some fee relief will be given on the rate for
reserving the park. Normal commercial rate is $884 per hour for a commercial
event. Staffs recommendation at this time is to charge a rate in the Non - resident
Private event classification that is $88 an hour. This will include your set up and
clean up time frame.
We appreciate the Staff's recommendation for lowering the cost of renting
Peninsula Park, and would like to request that the fee charged for the rental of
Peninsula and the gazebo in Peninsula Park reflect the event's new 501(c)(3)
status.
F. If you need the streets to be slurry sealed prior to the event, it will be at your
expense.
The event was initially promised by councilman Ridgeway that this is something
the city could do, however in further discussions it was questioned if this is
financially feasible. Possibly we could split the cost of slurrying the streets,
should slurrying be necessary to provide the chalk artists with a suitable
"canvas" for their murals.
G. The City will be charging for any other indirect expenses related to the event
such as road closures, police and fire and additional trash pickup as required.
We again request that these fees be reconsidered in light of the new 501(c)(3)
status of the event. We would like to discuss with the City ways in which private
companies who are currently acting as sponsors to the event may mitigate the
costs of the event by assuming some of the City's duties (i.e. the event's waste
removal, street cleaning, security, etc.).
Follow up on Fee Waiver Request
Letter to City of Newport Beach
Page 4
H. Staff will need a detailed plan regarding cleaning up the streets after the event. If
City staff is needed to wash chalk off streets, there will be an extra charge.
If you are going to handle this aspect of the clean up you will need to submit to us a
clean up plan so that we can be sure it meets current codes and street cleaning
procedures.
The Event Manager will present the City with documentation regarding the clean
up plan and clean up procedures currently in place with the sponsor
(PressurePro) currently engaged to handle the cleaning of the streets both prior to
and following the event during the Event Manager's meeting with the City on
Tuesday, September 2, 2003.
I. Permit fees will be waived for on site banners that do not relate to alcohol
service. Any alcohol banners will require banner permits.
We appreciate the City's waiver of non - alcohol - related banner fees. However, as a
few of our sponsors are alcoholic beverage companies, and as our sponsorship
agreement with them encompasses including their logos
on advertising for this
event, all of our banners will include their logos, they are
not individual banners
promoting their product just overall event banners.
J. In order to assist you in your event planning and budgeting, here is a summary of
the potential fees for which you will be responsible based
on the information you
have submitted to date:
a. Permit application fee
$370
b. Banner fees (alcohol related)
$38 per
banner
c. Park Rental fee
$88 per
hour
d. Park cleaning deposit
$150
(Refunded after event if proper cleanup of the park is done
and there no damage)
e. Tent permit
$56
f. Propane permit (if propane is used)
$56
g. Fire Inspection
$220
minimum
h. Street closure permit
$56
i. Parking Meters
$290
j. Police (8 officers and 1 sergeant)
$9,792
estimate
k. Street closure staff
$415
I. Street Clean up /refuse pick up if performed by the City
Unknown
m. Slurry seal streets
$4000 -$6000
estimate
We appreciate the City's assistance in helping us budget for this event, and again
request that the fees be re- reviewed in light of the event's new non - profit status.
Follow up on Fee Waiver Request
Letter to City of Newport Beach
Page 5
La Strada will be a fun family- oriented event, and our marketing and public relations efforts will be aimed
at encouraging residents of Newport Beach, as well as tourists, to enjoy the newly renovated Balboa
Village. Major publicity and event promotion has already been secured through the LA Times, the Daily
Pilot, Where magazine, and local radio stations. We anticipate that Balboa Village businesses, hotels,
restaurants, etc. will benefit from the influx of local residents and tourists that will occur during the festival.
We further anticipate that the event will generate revenue for the City via the TOT and sales tax on
items /food sold at the event.
Thus far, local businesses are currently participating in four primary ways: 1) local businesses have been
invited to underwrite or sponsor portions of the event (waste management, cost of art materials, etc.) in
return for publicity on materials about the event; 2) local businesses have been invited to sponsor chalk
murals stenciled with their company names; 3) local restaurants have been invited to participate in the
"Taste of Italy" Food Pavilion; and 4) local hotels have been invited to offer special rates for the event. We
have had a very positive response from business owners in Balboa Village regarding their support of this
event, and organizations such as the Newport Beach Conference and Visitors Bureau and The Balboa
Merchants and Owners Association have also expressed their enthusiasm and support.
We are committed to the continuing improvement of Balboa Village. We anticipate that the event will
generate donations not only for the Newport Harbor Nautical Museum, but also for the Balboa Performing
Arts Theater Foundation and the Balboa BID. It is our hope to make La Strada an annual public event
that will draw quality family oriented individuals to the Balboa Village area.
As the events producer please feel free to call me at 714.557.5100 x13 if you need more information
Again, our very warmest thanks,
el2k �_
Ralph Rodheim