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HomeMy WebLinkAbout2024-61 - 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 BeachRESOLUTION 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. Resolution No. 2024-61 Page 2of3 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. Resolution No. 2024-61 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. ATTEST: Wl :. City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE AAroh C. Harp City Attorney 4� Will O'Neill Mayor 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. 2024-61 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 27th day of August, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 28th day of August, 2024. 4" d 0, 11111/�