HomeMy WebLinkAbout05 - Indefinitely Waiving Section A.1. of City Council Policy B-13 to Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula ParkQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
March 12, 2024
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Sean Levin, Recreation and Senior Services Director - 949-644-
3151, slevin@newportbeachca.gov
PREPARED BY: Justin Schmillen, Recreation and Senor Services Deputy Director -
949-644-3160, jchmillen@newportbeachca.gov
TITLE: Resolution No. 2024-14: Indefinitely Waiving Section A.1. of City
Council Policy B-13 to Allow for Alcoholic Beverages at the Annual
Charity Polo Event Held at Peninsula Park
ABSTRACT:
The Newport Beach Foundation seeks special event permit approval to host its annual
charity polo event at Peninsula Park. Adoption of Resolution No. 2024-14 would
indefinitely waive Section A.1 of City Council Policy B-13 to allow for alcoholic beverages
at Peninsula Park for the charity polo event each year.
RECOMMENDATIONS:
a) Find this project exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15304 under Class 4 (Minor Alterations to Land) because it has
no potential to have a significant effect on the environment; and
b) Adopt Resolution No. 2024-14, A Resolution of the City Council of the City of Newport
Beach, California, Indefinitely Waiving Section A.1 of Council Policy B-13 to Allow for
Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park.
DISCUSSION:
The Newport Beach Foundation (Foundation) is a 501(c)3 nonprofit philanthropic
organization strengthening the current and future community leadership through
education, research and advocacy, thereby enhancing the quality of life for residents and
visitors.
The Foundation has asked (Attachment A) to hold its annual charity polo event, at
Peninsula Park. The proposed date of this year's event is Saturday, May 4, 2024. If
adopted, Resolution No. 2024-14 (Attachment B) would indefinitely waive Section A.1 of
City Council Policy B-13 to facilitate this proposed event annually at Peninsula Park.
Waiver of City Council Policy B-13: Public Use of Facilities, Section A.1, Regulations and
Restrictions- Use of Alcohol (Attachment C) would allow for alcoholic beverages to be
permitted at the event annually. Adoption of the resolution, in its entirety, would allow the
Newport Beach Foundation to move forward through the special event permit review
process each year.
5-1
Resolution No. 2024-14: Indefinitely Waiving Section A.1. of City Council Policy B-13 to
Allow for Alcoholic Beverages at the Annual Charity Polo Event Held at Peninsula Park
March 12, 2024
Page 2
As part of the special event permitting process, the Foundation is required to submit
supplemental materials with its special event permit application for City of Newport Beach
staff review and approval every year. An alcohol service plan, outlining guidelines
including the number of alcohol service locations, container sizes, types of alcohol,
security personnel, adherence to Alcohol Beverage Control restrictions and required
training of alcohol service personnel, is required. In addition, the applicant must apply to
the California Coastal Commission (CCC) each year to receive an event exclusion, which
will allow the temporary event to move forward in the City's approval process. The
applicant has received an event exclusion from the CCC for the upcoming 2024 event.
FISCAL IMPACT:
The special event fees will cover the cost of permitting and applicant will be responsible
for any costs to return the event site to its original state if needed.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15304 under Class 4 (Minor Alterations to Land) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a
significant effect on the environment.
Class 4 exemptions consist of minor public or private alterations in the condition of land,
water, and/or vegetation that do not involve removal of healthy, mature, scenic trees
except for forestry or agricultural purposes, including the minor temporary use of land
having a negligible or no permanent effect on the environment. This proposal is to waive
City Council Policy B-13 indefinitely to allow for alcoholic beverages in a City park, for a
one -day event held one time per year, and thus qualifies for the Class 4 exemption.
The exceptions to this categorical exemption under Section 15300.2 are not applicable.
The project location does not impact an environmental resource of hazardous or critical
concern, does not result in cumulative impacts, does not have a significant effect on the
environment due to unusual circumstances, does not damage scenic resources within a
state scenic highway, is not a hazardous waste site, and is not identified as a historical
resource.
NOTICING:
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).
ATTACHMENTS:
Attachment A — Letter from the Newport Beach Foundation
Attachment B — Resolution No. 2024-14
Attachment C — City Council Policy B-13
5-2
ATTACHMENT A
P
NEWPORT EEACH
PC V N D A 4 u O N
1600 Newport Center Drive, Suite 120
Newport Beach, California 92660
February 6, 2024
Dear Sean,
We are elated to have the opportunity to bring back our thrilling and festive annual Surf N' Turf Polo Classic
to Peninsula Park on Balboa Peninsula after an incredibly successful event last year. We are immensely
grateful for the attention and support the Council and Staff of the City of Newport Beach has giving us as
we prepare to delight the residents of Newport with this beautiful and timeless sport while boosting our
Balboa Peninsula local economy.
The Newport Beach Foundation was founded to ignite the next generation of leaders in our community,
promote all things unique about the City of Newport Beach, and give back to our residents. With the city's
support, we feel the polo match not only aligns with the culture of Newport Beach but would provide a
spectacular and memorable event for residents, showcasing a sport perhaps some are unaccustomed to,
as well as provide a showcase for our remarkable local businesses. Plus, we get to honor our city by having
our own polo team play! Besides the thrill of watching majestic horses gallop about and the skills of the
athletes on board, observing a Polo game also comes with a tradition of its own. There is the hat contest,
fixing the diverts, and toasting to the players.
We are proud to say that no issues arose in 2016 nor in 2023, including any related to alcohol, and we look
forward to continuing to host this annual event in 2024 and subsequent years to come in a safe, fun
atmosphere.
We are requesting a waiver of section A, 1 (Use of Alcohol) in a Public Use of City Facilities rules for this
year's 2024 polo event as well a waiver for all subsequent Surf N' Turf Polo Classics hosted at Peninsula
Park. Please see below.
A. Use of Alcohol. 1. Alcoholic beverages are prohibited and shall not be permitted in or on any
municipal facilities operated by the Department, except beer and wine maybe served for special
occasions at the OASIS Senior Center, Newport Theatre Arts Center, (NTAC), Newport Coast
Community Center (NCCC), Civic Center Community Room (CCCR), and Marina Park when done
in compliance with State of California Department of Alcoholic Beverage Control (ABC) regulations
and approved in writing by the Recreation and Senior Services Director. Approval to serve beer
and wine shall not be deemed to approve service of alcohol in violation of section 25604 of the
Business and Professions Code. The Recreation and Senior Services Director will require the
permittee to pay City costs to provide additional security when alcohol is served.
Thank you kindly for your consideration of waiving this item.
With gratitude,
4�
Antonella Castro, Chair
Newport Beach Foundation
5-3
ATTACHMENT B
RESOLUTION NO. 2024- 14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, INDEFINITELY
WAIVING SECTION A.1 OF COUNCIL POLICY B-13 TO
ALLOW FOR ALCOHOLIC BEVERAGES AT THE
ANNUAL CHARITY POLO EVENT HELD AT PENINSULA
PARK
WHEREAS, in 2016 and 2023, a charity polo event ("Charity Polo Event") was
held at Peninsula Park, providing a memorable event for residents, celebrating the
tradition of the sport of Polo, including the artistic expression of fashionable hats, social
camaraderie, showcasing the wares of local vendors, and providing a boost to the local
economy;
WHEREAS, to accommodate the Charity Polo Event, the City Council of the City
of Newport Beach ("City") waived Section A.1 of Council Policy B-13, Public Use of City
Facilities, which restricts dispensing of alcohol on City property to specific locations
("Council Policy B-13"), so that alcohol could be dispensed at Peninsula Park;
WHEREAS, a special event permit application was recently filed by the Newport
Beach Foundation, a California nonprofit corporation ("Foundation"), to hold the Charity
Polo Event on Saturday, May 4, 2024, at Peninsula Park;
WHEREAS, the Charity Polo Event held in 2016 and 2023 at Peninsula Park was
a success, with residents requesting the event be held again, and the Foundation now
intends hold the Charity Polo Event on an annual basis;
WHEREAS, the Foundation requests the City Council again waive Council Policy
B-13 to allow for the dispensing of alcohol at Peninsula Park to accommodate the Charity
Polo Event; and
WHEREAS, the City Council desires to indefinitely waive Council Policy B-13 for
the Chairty Polo Event held at Peninsula Park, provided that that a special event permit
is obtained that contains appropriate conditions related to the sale and service of alcohol.
5-4
Resolution No. 2024-
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby indefinitely waive Section A.1 of
Council Policy B-13 to allow for the dispensing of alcoholic beverages at Peninsula Park
for the Charity Polo Event, provided that a special event permit is obtained that contains
appropriate conditions related to the sale and service of alcohol. As part of the special
event permitting process, supplemental materials shall be submitted 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 California Department of Alcoholic
Beverage Control (ABC) restrictions, and required training of alcohol service personnel.
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.
5-5
Resolution No. 2024-
Page 3 of 3
Section v: 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 12th day of March, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 ,,_ C. ff
Aaron C. Harp
City Attorney
5-6
ATTACHMENT C
B-13
PUBLIC USE OF CITY FACILITIES
Purpose
City of Newport Beach (City) facilities, which include parks, playing fields, gymnasiums, community
rooms and swimming pools, are available to the public for civic, social, educational, athletic, cultural
activities and limited commercial use. It is the intent of this Policy to provide use regulations and application
and scheduling procedures to accommodate groups that wish to use City facilities.
Procedure
A. Applications to use City facilities must be made on forms provided by the Recreation and Senior
Services Department (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 provide a security deposit in an amount that will promote use of the
Recreation and Senior Services facilities 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 or additional cleanup is required.
C. Applicants will be required to acknowledge that neither the City nor the 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 Recreation and Senior Services Director or designated representative.
D. Approval or denial of a reservation request will be provided within five working days of receipt of
a completed application.
E. Reservations for use of Department facilities may be made up to six months in advance, but no later
than ten working days before the event with the exception of park reservations which may be made
no later than five working days before the event.
F. The City is not liable for any and all accidental injury to any and all persons or loss or damage to
group or individual property. When it is deemed to be in the best interest of the general public, the
City 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.
G. A Facility Use Permit shall not be transferred, assigned or sublet. All Facility Use Permits will be
issued for specific facilities and for specific hours, and the premises must be vacated as scheduled.
H. The reservation request and rental agreement must be completed and signed by an adult age 21 and
over who will attend, supervise and be responsible for the entire event or activities. Proof of
residency is required at the time of application in order to receive the resident rate. Proof of non-
profit status is required at the time of application in order to receive the non-profit rate.
5-7
N.
I. A Facility Use Permit which authorizes the rental of facilities may be revoked for violation of any
rental policies.
Regulations and Restrictions
All uses of Department facilities will be subject to the following regulations and restrictions:
A. Use of Alcohol.
I. Alcoholic beverages are prohibited and shall not be permitted in or on any municipal
facilities operated by the Department, except beer and wine may be served for special
occasions at the OASIS Senior Center, Newport Theatre Arts Center (NTAC), Newport
Coast Community Center (NCCC), Civic Center Community Room (CCCR), Newport
Beach Junior Guard Center, and Marina Park when done in compliance with State of
California Department of Alcoholic Beverage Control (ABC) regulations and approved in
writing by the Recreation and Senior Services Director. Approval to serve beer and wine
shall not be deemed to approve service of alcohol in violation of Section 25604 of the
Business and Professions Code. The Recreation and Senior Services Director will require
the permittee to pay City costs to provide additional security when alcohol is served.
2. The use of alcoholic beverages is by written permission only and must be requested at the
time the facility use request is submitted. The Department reserves the right to place
restrictions on the use of alcoholic beverages in accordance with State Law and these
guidelines. "Alcohol use" means the presence of any beverage that contains any amount of
alcohol.
3. Alcohol is not allowed when an event is designated for minors such as school age award
programs, birthday parties and/or receptions.
4. When alcohol is served, there shall be a minimum of two security guards present at the
facility at all times. The guards must arrive 30 minutes before guest arrival time and remain
until the contract end time. One guard must be positioned at the entrance of the event and
one guard positioned in the event area. The parking lot must be monitored every 30 minutes.
The security guards shall have the authority to enforce all rules and regulations governing
facility rentals. In the event that the Police are called, the cost of their services shall be
deducted from the applicant's security deposit. The applicant will be billed for any costs
exceeding the security deposit.
5. No alcoholic beverage shall be served to any person less than 21 years of age. Injuries caused
to any person as a result of alcoholic beverages being served to or consumed by someone
under the age of 21 while on the City's premises, shall be the sole responsibility of the
organization or individual renting the facility.
2 5-8
B-13
6. The distribution or consumption of alcoholic beverages shall be in compliance with all
applicable laws, including regulations of the ABC. Any organization using City facilities
shall be solely responsible for obtaining all permits or licenses relating to the distribution
and consumption of alcoholic beverages on the premises.
7. Alcohol may only be served by an adult 21 years of age or older. If evidence is found that
alcohol is being served that was not authorized by the Department or to a minor the Police
will be notified and the event will be terminated and all fees and deposits will be forfeited.
8. The City shall require the applicant to carry general liability insurance when alcohol is
available, but not sold. The City shall require a full liquor liability premium in addition to
general liability insurance when alcohol is sold in exchange for money. The cost of the
required liability insurance shall be borne by the applicant.
B. Smoking is prohibited in and on all City property including restrooms and within 100 feet of a park,
park facility or beach.
C. For all indoor facility rentals involving youth, 17 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 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.
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.
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 Department through a Special Event Permit.
I. Private groups wishing to collect fees, donations or admission charges, or those using the facility to
market a product, give a presentation, or advertise their business, will be considered commercial
users.
5-9
B-13
J. The posted occupancy of City facilities shall not be exceeded.
K. Storage space will not be granted at any time.
L. Facilities are not available for reservations on the following holidays: Christmas Eve, Christmas
Day, Easter, Presidents' Day, Independence Day, Labor Day, Martin Luther King Day, Memorial
Day, New Year's Eve, New Year's Day, Thanksgiving and Veterans Day.
M. All persons using the facilities shall observe and obey regulations of this policy, the rules of the
Department and all applicable City, State and Federal laws, rules and regulations.
N. Vehicles are not permitted on park grass or fields. Parking is permitted in designated spaces.
Overnight parking is not allowed.
O. Minors must remain in the rented facility room and shall not be allowed to roam unsupervised
throughout the facility.
P. When no alcohol is served but the group size is 200 or more, one security guard may be required, at
the discretion of the Department Director.
Q. Policies and guidelines regarding caterers shall be adhered to.
R. All professional services utilized for events require a City of Newport Beach business license and
liability insurance listing the City as additionally insured.
S. Animals are not permitted within City Facilities with the exception of service animals. However,
this provision shall not apply to activities or programs of the Recreation and Senior Services
Department.
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 Department initiated and/or conducted activities, including those of the Friends of
OASIS at the OASIS Senior Center, and exemptions noted in City Council Policies B-5 and B-10.
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 Department.
D. Official public agency sponsored programs and activities not included in A, B, and C above.
4 5-10
E. Youth Sports Commission Member Organizations.
F. Resident non-profit youth serving organizations with 50% or more of membership consisting of
Newport Beach residents.
G. 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.
H. Recreational or social activities of private Newport Beach residents which are not open to the public.
(private parties)
I. 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.
J. Schools, colleges, hospitals and other similar civic groups not qualifying under the definition of
non-profit.
K. Others.
Non-profit status is defined as an organization that is so defined by the Internal Revenue Service,
§ 501(c) (3) and has a State of California Tax Identification Number.
Fees, Deposits and Cancellation Procedures
Fees may be charged for the use of City facilities and shall be established and periodically adjusted 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 Department after inspection of the facility by the Recreation and Senior 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 may be charged for rental of the OASIS Event Center, Newport
Coast Community Center, Community Youth Center, Civic Center Community Room, Newport
Beach Junior Guard Center, and Marina Park Community Center.
C. No fee or deposit shall be charged for use of City facilities by the City of Newport Beach, or events
co -sponsored by the City of Newport Beach or its departments, with the exception of direct costs.
D. Cancellations for any facility other than the OASIS Event Center, Newport Coast Community
Center, Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard
Center, and Marina Park 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 hour notice will be charged a 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.
5-11
B-13
E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center,
Community Youth Center, Civic Center Community Room, Newport Beach Junior Guard Center,
and Marina Park 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 hour notice will be charged
the entire rental fee.
History
Adopted I-5 — 11-22-1962 ("Use Priorities and Fees")
Amended I-5 —
3-9-1970
Reaffirmed I-5
— 2-14-1972
Adopted G-4 —
5-13-1974 ("Use of City Facilities")
Amended I-5 —
5-28-1974
Amended I-5 —
2-13-1978
Amended G-4 and I-5 — 10-10-1978
Amended I-5 —
2-12-1979
Amended I-5 —
5-14-1979
Amended I-5 —
8-28-1979
Amended I-5 —
11-26-1979
Amended G-4 and I-5 — 2-9-1981
Amended I-5 —
11-23-1981
Amended I-5 —
10-12-1982
Amended I-5 —
10-25-1982
Amended G-4 and I-5 — 4-23-1984
Amended I-5 —
11-28-1988
Amended I-5 —
11-27-1989
Amended I-5 —
3-25-1991
Adopted I-25 —
5-26-1998 ("Public Use of City Facilities", and incorporating G-4 and I-5)
Amended I-25
— 5-8-2001
Amended I-25
— 4-23-2002
Amended I-25
— 4-8-2003
Amended I-25
— 7-22-2003 (changed to B-13)
Amended B-13
— 9-13-2005
Amended B-13
— 10-10-2006
Amended B-13
— 8-11-2009
Amended B-13
— 5-14-2013
Amended B-13
— 5-12-2015
Amended B-13
— 8-8-2017
Amended B-13
— 11-14-2023
6 5-12