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
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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
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