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HomeMy WebLinkAbout05 - Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an Annual Charity Volleyball Tournament and To Allow for Alcoholic Beverages on a City BeachQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report August 27, 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 Senior Services Deputy Director 949-644-3160, jchmillen@newportbeachca.gov TITLE: Resolution No. 2024-61: Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an Annual Charity Volleyball Tournament and To Allow for Alcoholic Beverages on a City Beach ABSTRACT: Volleyball Newport Beach Inc. seeks special event permit approval to host its annual charity volleyball tournament on a public beach. Adoption of Resolution No. 2024-61 would waive Council Policy B-8 and Section A.1 of Council Policy B-13 to permit an annual charity volleyball tournament and allow for alcoholic beverages on public beach within the City of Newport Beach. RECOMMENDATIONS: a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 under Class 4 of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; and b) Adopt Resolution No. 2024-61, 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 an Annual Charity Volleyball Tournament and to Allow for Alcoholic Beverages on a City Beach. DISCUSSION: Volleyball Newport Beach Inc. is a non-profit with a mission to promote and support youth volleyball. It desires to hold a charity volleyball tournament on Saturday October 19, 2024, north of the Newport Pier (Attachment A). If adopted, Resolution No. 2024-61 would waive Council Policy B-8 and Section A.1 of Council Policy B-13 to facilitate this proposed event annually (Attachment B). Waiver of Council Policy B-8: Bike, Foot Race and Surf Contest Event (Attachment C) would allow for a special event that is not surf, surf -related or a sandcastle contest to be permitted on a City beach. Waiver of Council Policy B-13: Public Use of Facilities, Section A.1 Regulations and Restrictions -Use of Alcohol (Attachment D) would allow for alcoholic beverages to be permitted at the event. Adoption of the resolution, in its entirety, would allow Volleyball Newport Beach to move forward through the special event permit review process each year. 5-1 Resolution No. 2024-61: Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an Annual Charity Volleyball Tournament and To Allow for Alcoholic Beverages on a City Beach August 27, 2024 Page 2 As part of the special event permitting process, Volleyball Newport Beach is required to submit supplemental materials with the special event permit application for City staff review and approval. An alcohol service plan, outlining guidelines including the number of alcohol service locations, container sizes, types of alcohol, security personnel, adherence to Alcoholic Beverage Control restrictions and required training of alcohol service personnel, is required. A diagram for the event highlighting location and specifications of the setup and breakdown of the proposed temporary volleyball courts is also 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 related to returning the event site to its original state. 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 Council Policy B-8 and Council Policy B-13 to allow for an annual charity volleyball tournament and alcoholic beverages on a City beach, 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). 5-2 Resolution No. 2024-61: Waiving Council Policy B-8, and Section A.1 of Council Policy B-13 to Permit an Annual Charity Volleyball Tournament and To Allow for Alcoholic Beverages on a City Beach August 27, 2024 Page 3 ATTACHMENTS: Attachment A — Letter from Volleyball Newport Beach Inc. Attachment B — Resolution No. 2024-61 Attachment C — City Council Policy B-8 Attachment D — City Council Policy B-13 5-3 ATTACHMENT A V OLLEN-E.ALL NEWPORT BEACK Y_1 . 1400 Ne,;Aport Center Drive, Suite 230 I ewporl Beach, CA 92660 April 16, 2024 DELryzAEDYZ4EL.-.cnt .%7c.,�f.4ja: slew- nev.-poribeachca.gov Sean Levin, Recreation & Senior Services Director City ofN-ewport mach 100 Civic Center Drive, Bay I Newport Beams California 92W RE: Request for Waiver of Certain City Council Policies to Support Charity Vollo*all Tournamear Dear Director The SecondAnnual Newport Brach 4-Man Volleyball Invitational is scheduled to be held October 18-M 2024 ou She beacb north of the Newport Pier. Similar to Last year's chanty event, we estimate the tournament will have a total of 32 AVP volleyball players competing on two courts. The touru=t t will offer free adausrion to the general public aid all lids raised will be dot ted to benefit youth volleyball. We will have a small -VIT area, and we will have food and drinks oli'eled bn sale. To facilitate Ws chanty Volleyball Tournament, we respcctAffly request the City Council waive the following City Council Policies: (1) City Council Policy B-3 to allow She City of Newpcd Beach to co-sponsor this worthwhile event, (2) City Council Policy B-8 to allow for a Volleyball Tournament ou the beach: (3) City Council Policy B-13 to allow alcoholic beverages to be responsibly served on the beach in a controlled area; and (4) City Council Policy B-14 to allow spoasorsbip siguage on the beach. We also request a waiver of kesoluti-on No. 92-93 to allow the tempofmy placement of two volleyball courts on the beach_ and a waiver of any other City Council Policies, Resolutions or 6m iJar, which may be teVited to allow this chanty Volleyball Touruamw to proceed_ Additionally, because this event is an annual event. we would appreciate if this waiver covered future events to save staff rc mees from having to return to the City two=cil anuualty- We thank you in advance for your anticipated cooperation uvith this request, and we look forward to seeing you at the tounivamt- sine ly. Kevm )Martin CEO Volleyball Nev4-port Beach, Inc- 5-4 ATTACHMENT B RESOLUTION NO. 2024- 61 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 AN ANNUAL CHARITY VOLLEYBALL TOURNAMENT AND TO ALLOW FOR ALCOHOLIC BEVERAGES ON A CITY BEACH WHEREAS, in 2023, Volleyball Newport Beach, Inc., (VNB) held a charity volleyball tournament (Charity Volleyball Tournament) on the beach adjacent to the Newport Pier, showcasing two courts of competitive play between 32 professional volleyball players and providing a memorable experience for residents and beach visitors to support local youth volleyball; WHEREAS, to accommodate the Charity Volleyball Tournament, the City Council of the City of Newport Beach (City) waived Council Policy B-8 (Bike, Foot Race and Surf Contest Event) (Council Policy B-8), which applies to events on the beach such as surf, surf -related and sandcastle events; and Section A.1 of Council Policy B-13 (Public Use of City Facilities) (Council Policy B-13), which restricts dispensing of alcohol on City property to specific locations; WHEREAS, a special event permit application was recently filed by VNB to hold the Charity Volleyball Tournament on Saturday, October 19, 2024, on the beach adjacent to the Newport Pier; WHEREAS, VBN requests permission for temporary courts to remain on the beach for four consecutive days, with installation occurring on Thursday, October 17, 2024 and removal on Monday, October 21, 2024; WHEREAS, the Charity Volleyball Tournament held in 2023 was a success and VNB intends to hold the Charity Volleyball Tournament on an annual basis; WHEREAS, VNB requests the City Council again waive Council Policy B-8 to allow the Charity Volleyball Tournament to take place and Council Policy B-13 to allow for the dispensing of alcohol on the beach adjacent to the Newport Pier during the Charity Volleyball Tournament; and WHEREAS, the City Council desires to waive Council Policy B-8 and Section A.1 of Council Policy B-13 for an annual Charity Volleyball Tournament, provided that a special event permit is obtained that authorizes temporary volleyball courts and contains appropriate conditions related to the sale and service of alcohol. 5-5 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 waive Council Policy B-8 and Section A.1 of Council Policy B-13 for the annual Charity Volleyball Tournament in 2024 and subsequent years to permit temporary volleyball courts and to allow for dispensing of alcoholic beverages on the beach adjacent to the Newport Pier during the annual Charity Volleyball Tournament, provided that a special event permit is obtained that authorizes temporary volleyball courts and contains appropriate conditions related to the sale and service of alcohol. The waiver provided herein may be terminated at any time by resolution of the City Council. As part of the special event permitting process, VNB is required to submit supplemental materials with the special event permit application for City Staff review. An alcohol service plan is required outlining guidelines to include limiting the number of alcohol service locations, containers sizes, types of alcohol, security personnel, how VNB will adhere to California Department of Alcoholic Beverage Control (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. 5-6 Resolution No. 2024- 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 27th day of August, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE -L', i -- �,- Aaron Harp City A rney 5-7 ATTACHMENT C I BIKE, FOOT RACE AND SURF CONTEST EVENT POLICY The purpose of this policy regarding the use of City Public Property and beaches for conducting bicycle events, 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 events, 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, walking events and other athletic contests/events using City public property 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. 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 Risk Manager determines 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. As stewards of public access to the coast it is the City's policy to keep the beaches open to the general public and not permit exclusive use or events unless sponsored or organized by the City. Surf, surf -related and sandcastle contests are the only events permitted using City beaches and shall not be conducted during Memorial Day weekend or summer (June 15 - September 15). Surf Contests and League Competitions No more than eight (8) surf or surf related commercial events and/or events determined to need a Special Event Permit shall be permitted on or near the beach 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 and event dates. Non-commercial, low impact surf contests put on by non-profit groups and/or local schools can apply for event approval by completing a Surf Contest/Activity Registration Form. There is no fee for registration of a surf contest, 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 contest. Only non-profit groups will be considered. 1 5-8 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) commercial contests at any one location per calendar year. The Fire Department determines acceptable locations for surf contests. Local surf league competitions are required to submit a Contest/Activity Registration Form a minimum of one month prior to the scheduled match. Schools are to coordinate and agree to league competition dates prior to submittal collectively by June 1 each year to be considered for priority. League competitions are limited up to two (2) pre -season and five (5) league "home" competition events, with one home league competition per week per school. Up to seven (7) total per school per year. No more than two surf league competitions per week will be considered, with emphasis placed on coordinating schedules to hold one per week when possible. If two surf league competitions are scheduled in the same week, they must be at different locations on the beach. Schools shall make every effort to coordinate alternating home league competitions to achieve this. League competitions are limited to the morning hours of 6:30-8:30 a.m. and shall not be conducted during Memorial Day weekend or summer (June 15 -September 15). History Adopted I-21 — 2-14-1983 Amended I-21 — 11-14-1983 Amended I-21 — 9-22-1986 Amended I-21 — 1-24-1994 (changed to I-8) Amended I-8 — 7-25-2000 Amended I-8 — 4-8-2003 (changed to B-8) Amended B-8 — 4-13-2004 Amended B-8 — 9-13- 2005 Amended B-8 — 9-27-2011 Amended B-8 — 11-14-2023 5-9 ATTACHMENT D 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. 5-10 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 5-11 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. 5-12 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 5-13 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. 5-14 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 5-15