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HomeMy WebLinkAbout2023-47 - Waiving Council Policy B-8, and Section A.1 of Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit a Charity Volleyball Tournament and Allow for Alcoholic Beverages on a City Beach Held by Volleyball Newport Beach Inc.RESOLUTION NO. 2023-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, WAIVING COUNCIL POLICY B-8, AND SECTION A.1 OF COUNCIL POLICY B-13 TO PERMIT A CHARITY VOLLEYBALL TOURNAMENT AND ALLOW FOR ALCOHOLIC BEVERAGES ON A CITY BEACH HELD BY VOLLEYBALL NEWPORT BEACH INC. WHEREAS, a special event permit application was filed by Volleyball Newport Beach Inc. ("Applicant") for a charity volleyball tournament proposed to be held on Saturday, October 21, 2023, on the beach, north of the Newport Pier ("Charity Volleyball Tournament"); WHEREAS, Resolution No. 83-9 governing volleyball playing areas authorizes temporary playing areas on public beaches subject to approval of a special event permit issued by the Recreation and Senior Services Department; WHEREAS, the Applicant requests a waiver of Council Policy B-8 (Bike, Foot Race and Surf Contest Event) ("Council Policy B-8"), and Section A.1 of Council Policy B-13 (Public Use of City Facilities) ("Council Policy B-13") to facilitate the Charity Volleyball Tournament; WHEREAS, Council Policy B-8 limits special events on the beach to surf, surf - related and sand castle events, therefore waiver of Council Policy B-8 would allow for the Charity Volleyball Tournament to take place; WHEREAS, Section A.1 of Council Policy B-13 (Public Use of Facilities, Section A.1, Regulations and Restrictions -Use of Alcohol) restricts dispensing of alcohol on City property to specific locations, therefore waiver of Section A.1 of Council Policy B-13 is necessary to facilitate the Charity Volleyball Tournament; and WHEREAS, approval of this waiver, in its entirety, would allow the Applicant to move forward with the special event permit review process. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Resolution No. 2023-47 Page 2 of 3 Section 1: The City Council does hereby waive Council Policy B-8, and Section A.1 of Council Policy B-13 to permit temporary volleyball courts for the Charity Volleyball Tournament and allow for alcoholic beverages on a City beach. As part of the special event permitting process, the Applicant is required to submit supplemental materials with the special event permit application for City Staff review and approval including, but not limited to, an alcohol service plan that sets forth limits on the number of alcohol service locations, alcohol container sizes, and the types of alcohol to be served, as well as information about the security personnel, how the applicant will adhere to ABC restrictions, and required training of alcohol service personnel. A diagram, highlighting location and specifications of the setup and breakdown of the proposed temporary volleyball courts, is also required. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2023-47 Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 22"d day of August, 2023. ATTEST: c Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE 7ate. c "-" AAroh C. Harp City Attorney .tji=oV�' STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2023-47 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 22n6 day of August, 2023; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Noah Blom, Council Member Brad Avery, Council Member Robyn Grant, Council Member Lauren Kleiman, Council Member Joe Stapleton, Council Member Erik Weigand NAYS: None ABSENT: Mayor Pro Tern Will O'Neill IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 231d day of August, 2023. Leilani I. Brown City Clerk Newport Beach, California �VVPr �(.tFtJRr'�