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Home My WebLink About15 - Request for Waiver of Council Policy B-8CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 15 July 27, 2010 TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL FROM: Recreation & Senior Services Department. Matt Dingwall, Recreation Supervisor 949 - 644 -3152, mdinawall(a)newportbeachca.gov Police Department Dale Johnson, Captain 949 - 644 -3720, diohnson(a)newportbeachca.gov SUBJECT: REQUEST FOR WAIVER OF CITY COUNCIL POLICY B -8 FROM OC GRAN FONDO AS AN ANNUAL 13TH EVENT ISSUE OC Gran Fondo requests a waiver of City Council Policy B -8 - Bike, Foot, Race and Surf Contest Event Policy that restricts large events to 12 per year. The Council policy is designed to balance neighborhood impacts with the benefit of large community events. This waiver would add a 13th event scheduled for October 9, 2010. That City Council deny the request from OC Gran Fondo (see Attachment A) to waive City Council Policy B -8 — Bike, Foot Race and Surf Contest Event Policy that would allow the event organizer to apply for a Special Event Permit for Saturday, October Stn 2010 and on an annual basis thereafter. BACKGROUND The Recreation & Senior Services Department is responsible for administering the Special Event Permit process. Each year Recreation staff works closely with applicants, various City Departments and outside agencies (Department of Alcohol Beverage Control, California Department of Fish and Game, State Parks, and the Orange County Health Department) to process 250+ permits, 12 of which fall under City Council Policy B -8. City Council Policy B -8 was originally adopted in 1983 and has since been amended seven times to further clarify the policy. The purpose of Policy B -8 is to minimize inconvenience to residents and motorists and to eliminate potential City liability for injuries resulting from bike, footrace and surf contest events. The provision of limiting twelve athletic events like races or rides using City streets was added in 1983. The below excerpt from the policy states: `The purpose of this policy regarding the use of City streets and beaches for conducting bicycle races, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle races, running events, surf contests or events and similar athletic contests /events shall be required to secure a Special Event Permit, REQUEST FOR WAIVER OF CITY COUNCIL POLICY B -8 FROM OC GRAN FONDO AS AN ANNUAL 13T" EVENT Page 2 comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events and other athletic contests /events using City streets shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year" (see Attachment B). DISCUSSION The criterion used to determine the need for special event permitting is organized use of City streets for an event (race or ride), need for City services to manage safety and limit impact to others using City streets, minimize inconvenience to residents and eliminating City liability. Additional considerations include the already heavy recreational use on City streets and bike paths on weekends. Based on information gathered, the OC Gran Fondo which is hosted by St. John Neumann Catholic Parish in Irvine would be using approximately 8.5 miles of Newport Beach City streets for the event, have up to 1,000 riders and would likely require at least two Police Officers the day of the event. Historically, events such as these tend to gain popularity after the first year or two, thus greatly increasing the number of participants each year. This in turn, creates more of an impact on the community and increased demand for Police services. The OC Gran Fondo event organizer intends for this to be an ongoing annual event. For comparison purposes the MS 150 is a ride across multiple jurisdictions that is one of the 12 currently permitted events and has approximately 2,000 riders. The MS event has a history that requires four Police Officers due to issues that include running red lights, racing, pelotons and resident complaints even though it is not a race. The MS 150 makes it clear on their website and in all printed materials that the ride is not a race, all traffic laws are to be obeyed and no pelotons are allowed. Despite their best efforts Police presence is needed to address the disregard for the stated event rules. The MS 150 is currently scheduled for Saturday, October 16th. Allowing the OC Gran Fondo to occur the week before would mean that City streets, residents and Police staff would be impacted on two consecutive weekends. It should also be noted that the California Department of Fish and Game has a Marine Life Inventory event scheduled on Saturday October 9th There will be many school children arriving to attend this event at the same time that the OC Gran Fondo event is proposing to use Back Bay Drive. Back Bay Drive is already very popular and frequently used by recreational bicyclists, joggers, and walkers. Allowing this event to occur along with what is already planned will create traffic safety issues for the riders and the educational program participants that will be attempting to access this area at the same time. Another consideration for the basis of recommending denial as the permitting agency is the number of similar requests received like the OC Gran Fondo. On a regular basis approximately two requests per month for similar bike rides are received where staff has consistently applied Policy B -8. Staff believes that waiving the policy for the OC Gran Fondo would increase pressures from other event organizers to hold events currently prohibited by Council Policy B -8 making it difficult to justify denial of such requests. REQUEST FOR WAIVER OF CITY COUNCIL POLICY B -8 FROM OC GRAN FONDO AS AN ANNUAL 13TH EVENT Page 3 Furthermore, if City Council seeks to increase the number of events, staff feels that consideration should first be given to Newport Beach based organizations. In summary, the recommendation to deny is based on 1) safety concerns - as the date competes with a Marine Life Inventory event hosted by the California Department of Fish and Game; and 2) sets a precedent for adding new events in violation of Council Policy B -8 that will encourage other promoters to also ask for an exception; and 3) allows two similar events on back to back weekends impacting city streets, police service, and residents. It is a challenging task to strike a balance between our resident's needs and concerns and to work with the great demand from groups to host such events as the OC Gran Fondo. City Council Policy B -8 has provided staff guidance in striking such a balance so our residents are not continually impacted with the inconveniences that result from events on our City streets and beaches. ENVIRONMENTAL REVIEW The City Council's approval of this Agenda Item does not require environmental review. PUBLIC NOTICE The agenda item has been noticed according to The Brown Act (72 hours in advance of the meeting at which the City Council considers the item). FUNDING AVAILABILITY If approved, the applicant is responsible for covering all City costs to include the Special Event Permit fee, Police services and any other costs identified through the permitting process. Prepared by: / V (�J� Matt Dingwall Recreation Supervisor Prannrart hv- Submitted by: d L ura DetweNdr, Director creation & Senior Services Director Attachments: A. Letter from Cameron Jackson, OC Gran Fondo Event Coordinator B. Council Policy B -8 ATTACHMENT A Date: June 10, 2010 To: City of Newport Beach From: Cameron Jackson, OC Gran Fondo Event Coordiator RE: Request to Newport Beach City Council to allow 13`h event cc: Sean Levin, Recreation Superintendent St. John Neumann Catholic Parish in Irvine is hosting a first annual charity bike ride this Saturday October 9", 2010. We are formally requesting the Newport Beach City Council add our event as the 13`h event to their municipal code and/or rules and regulations. The ride is called OC Gran Fondo and is a charity bike ride ... not a race. The ride starts and ends at St. John Neumann Catholic Parish, 5101 Alton Parkway, Irvine. Per Irvine PD, we are only allowed to let 10 riders leave every minute to regulate the flow. Irvine PD will not be monitoring this event. There will be no pelotons for this bike ride. The charity bike ride has four routes; 11 miles, 30 miles, 63 miles, and 101 miles. Only the riders from the 63 and 101 mile routes will be travelling through Newport Beach. The proposed route through Newport Beach would be the following. • In Irvine we will be traveling West on Alton to the Mountain to the Sea bike trail that parallels Harvard Ave. • That trail heads into Newport Beach and connects with Back Bay. • We will proceed down Back Bay around the Newport Dunes RV Park on the bike trail and out to PCH. • On PCH the bike ride will head North to the Santa Ana River Trail (SART). • The ride will enter the SART from PCH and not return to Newport Beach. We are planning a start time of 7 AM and we anticipate a field of between 200 at 500 riders riding through Newport Beach (probably closer to the 200). I would estimate the riders ENTERING Newport Beach at approximately 7:30 am with the last riders EXITING Newport Beach at approximately 9 AM. This charity bike ride will be occurring on a Saturday morning in October when vehicle traffic patterns are light. We anticipate riders will move quickly through the city as their legs will be fresh due to the short distance from the start in Irvine through Newport Beach. The ride enters Newport Beach at the 6 mile point and exit approximately at the 14.5 mile point (less than 9 miles travelled through Newport Beach). There are no other known street events in Newport Beach on October 9`h, 2010. This is a bike ride and not a race. We make that clear on the website as well. We require that all riders obey traffic laws and wearing helmets is mandatory. The proceeds go directly to the youth programs at St. John Neumann. We have been approved by the following cities: Irvine Orange County of Orange Lake Forest Rancho Santa Margarita Laguna Hills Laguna Niguel None of the cities or County requires police assistance. We have insurance. Below you will find the primary listing on our website oegranfondo.com: 11 Mile mute is pel forte family and di mar, of Frames Ni off mad hike runs, Designed far all ages nh cretin hills. 9d Mila mute b shalbrge like— ucant. great race mu M IramewAM1 plenty of court, b make fora grml day in to saddle. 0 63MilewW MatimlWeourtnedhillcfimbup Santiago Canyon. TFkndeles900forta limb 101 Mile reuterhat is k egrtndaddy mutm. This Fill l ctallsol yeurlegs ent the tined hill climb ve Santiago Canyon and pmvbeyou at great scenery as you tmvellhmugh beeuliful South OC on yourway hack ka your shaNng (mint m IrWne. TM1Is rile has Urti feat of climb Free ii your m istmlion you Mll can FREE seat mile First, and entertainment 0 FREE T shirt 0 For SAG euppad Win, nanns.—Islops wilt, fwd drink restmarrs. 0 Detailed reule naps and cue sheets OC Gran Fandd mes T.nd .. ,. OC Gain Fund. Oflkh12010 Cyding Jane, Pondocycling JeSeydeslgre]by Freal PrbMg Ataaabledoen. Registration: The GC Gran FoMa is o chanty bike dde baeldn, Me Youth Pmgnors at 51. John Neumann Catholic Pariah. R.0 them is OPEN CIICkbare to st tad L. of FJ f The deadline for onfine e mgasttodtioon nder crol^ will be October 1. 2010, p downloadable regslrationfemlfor pss�al deliverywi9 be availade sown. Feel The101 MleandfiJ Wile toNas are $]SpO, Tandem ntleR1iti se cou5ra are§05.o0. The 11 mile mNO is §35.00. Tantlemntlas /orthe: curse is §55110, The 11 mile route Is ER5.00 pertbec Real Stan: The Lou add will stall and entl at the ssoe locatbn in Irvine, C4 Click here fora rtap to the can. Ladgmg: Irvineis bosl toahl artay of welLkmxn Mlels. CYCk here bra time visib(s gutlebMoral COnta the the You can n mMar us arty we NefoDOVnng metM1ab: Email odralrtondoraomanenm TekPllone: (714) 277-9792 Mail: OC Gran Fonts, 5101 Arian Partway, Irvine, CA 92W4 If you have any farther questions, please let me know. Again thank you for your time and consideration. Sincerely, Cameron Jackson OC Gran Fondo Event Coordinator 714 - 277 -9792 cameron. Jackson @gmail.com 3 ATTACHMENT B BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY The purpose of this policy regarding the use of City streets and beaches for conducting bicycle races, running events, surf contests and other athletic contests is to minimize the inconvenience to City residents, and to eliminate any potential City liability for injuries resulting from the event. All bicycle races, running events, surf contests or events and similar athletic contests /events shall be required to secure a Special Event Permit, comply with all of the conditions to the permit, and comply with the provisions of this Policy. Races, running events and other athletic contests /events using City streets shall not be conducted during the summer (June 15 through September 15). No more than twelve (12) such events shall be permitted during any calendar year and not more than four (4) in one geographical area in one year. Surf contests using City beaches shall not be conducted during Memorial Day weekend or summer (June 15 - September 15). No more than eight (8) large and /or commercial events shall be permitted during any calendar year and events shall be scheduled at least three (3) weeks apart. All Surf competitions, no matter what the size, are required to register with the Recreation & Senior Services Department a minimum of one month prior to the scheduled event in order to receive approval for use of the requested location. There is no fee for registration of a surf competition, only for the Special Event Permit, if needed. All responsible parties must be able to provide upon request proof of a valid registration approval during the hours of the surf competition. Surf contest permits will be granted for specific dates only. No more than one surf contest will be scheduled per day. Surf contest permits do not allow for the exclusive use of the ocean or contest area and are always subject to blackball rules and regulations. There can only be a maximum of six (6) large and /or commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests. The person or entity primarily responsible for administering the event must prove their ability to pay for all required City safety and maintenance services prior to issuance of any permit. Proof of ability to pay for these services shall be in the form of a cash deposit, bond, or similar instrument. The permittee shall, prior to the event, provide the City with evidence of insurance, with the City named as an additionally insured, with minimum coverage of one (1) million dollars per occurrence unless the City Attorney and City Manager determine that due to the circumstances surrounding the event, more insurance coverage is necessary. No permit shall be issued for any race, running event, surf contest or athletic contest/event which is sponsored or financially supported by a tobacco or alcohol company and no alcohol or tobacco shall be permitted to be dispensed or available in the event there are participants under the age of 21. Nor will any signage promoting alcohol or tobacco company be allowed to be displayed at the contest/event. Adopted - February 14, 1983 Amended - November 14, 1983 Amended - September 22,1986 Amended - January 24,1994 Amended - July 25, 2000 Amended & Reassigned - April 8, 2003 Amended - April 13, 2004 Amended - September 13, 2005 Formerly 1 -21 Formerly I -8 ' \—^IZ emA�H " wan o e ana< �� nrn a tiflv eon TAmo tae 1.1 . _ a PACIFIC OCEAN eQe � Bike Route (8.5 Miles) nEwaen. 6eAK, � f City Boundary w E AA«V= STATE ARK SS PA. S 0 0.5 1 / Miles �