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HomeMy WebLinkAbout18 - Newport Beach Wine and Food Festival Request for Waiver of City Council Policy B-13Q �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report February 11, 2020 Agenda Item No. 18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Laura Detweiler, Recreation and Senior Services Director Idetweiler@newportbeachca.gov PREPARED BY: Sean Levin, Recreation and Senior Services Deputy Director slevin@newportbeachca.gov PHONE: 949-644-3159 TITLE: Newport Beach Wine and Food Festival Request for Waiver of City Council Policy B-13 ABSTRACT: Consider a request from Newport Beach Wine and Food Festival (NBWFF) to waive Council Policy B-13 to allow alcoholic beverages to be permitted at Peninsula Park for the NBWFF. (Attachment A) RECOMMENDATION: 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) Recommend approval to waive Council Policy B-13, Regulations and Restrictions, Section Al, Use of Alcohol to allow for NBWFF to be conducted at Peninsula Park. Approval of waiver would allow the NBWFF to move forward with the Special Event Permit Process. Event approval would be contingent upon Special Event Permit approval. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: Staff has worked closely with the NBWFF over the past six years to permit and house the festival each October at the Newport Beach Civic Center. The event provides challenges annually at the Civic Center location due to the multiday set up and take down that impacts City business and creates significant wear and tear on the facility. 18-1 Newport Beach Wine and Food Festival Request for Waiver of Council Policy B-13 February 11, 2020 Page 2 City staff and NBWFF staff have met multiple times over the past few months exploring the concept of moving the event and agree that Peninsula Park is the desired location and better equipped to house the event. Moving the event to Peninsula Park would require a waiver of Council Policy B-13 to allow for use of alcohol during the event. Approval of this waiver would allow NBWFF to move forward with the planning of the 2020 event. As part of the special event permitting process, an alcohol service plan would continue to be required, outlining guidelines that include limiting the number of alcohol service locations, containers sizes, types of alcohol, security personnel, adherence to state (ABC) restrictions, and required training of alcohol service personnel. The NBWFF has adhered to the restrictions of the alcohol service plan in past years. Additionally, staff met with NBWFF and representatives from the Balboa Village Advisory Committee (BVAC) and Balboa Village Merchants Association (BVMA). Consensus among BVAC and BVMA was to support this event moving to Peninsula Park and work collaboratively with the organizer to thoughtfully integrate the event in a manner that supports the area commerce and residents. 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-13 to allow alcoholic beverages to be permitted at Peninsula Park for the Newport Beach Food and Wine Festival, a once -a -year, weekend -long event, 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 NBWFF dated November 21, 2019 Attachment B — City Council Policy B-13 18-2 ATTACHMENT A NEWPORT BEACH �` WINE&FOOD Dear Sean, November 21, 2019 We just completed our sixth and most successful year of the Newport Beach Wine & Food Festival, and I would like to thank the Council and Staff of the City of Newport Beach for allowing us to host the Newport Beach Wine & Food Festival at the Civic Center once again this past year. The Grand Tasting is our main event of the 16 events we hold over the four-day weekend, and the event that we have been holding at the Civic Center for the past six years. We would like to move the Grand Tasting portion of the event to Peninsula Park on the beach next year. Besides showcasing the stunning beaches of Newport, the location has twice and much space and a very large adjacent parking lot. Next year our event dates are October 8th to 11@ 2020 with set up starting October 6th. Venue will be torn down by October 13th at 10pm. Moving the event will not only allow us to continue growing, but it will end the toll it takes each year on the grass and hardscape at the Civic Center. I am requesting a waiver of section A, 1 (Use of Alcohol) in the Public Use Of City Facilities rules. 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 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), 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 for your consideration of waiving this line item. With much gratitude, Stefanie Farnsworth Salem Founder & CEO Newport Beach Wine & Food stefanie@newbefest.com (949)335-2348 18-3 ATTACHMENT B PUBLIC USE OF CITY FACILITIES Purpose B-13 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 the 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 pay 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. 1 18-4 B-13 G. A contract shall not be transferred, assigned or sublet. All contracts 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. I. A Facility Use Agreement 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. 1. 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), 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. 2 18-5 B-13 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. b. 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 all City facilities 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. 3 I B-13 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. 1. 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. 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, President's Day, Independence Day, Labor Day, Martin Luther King Day, Memorial Day, New Year's Eve, New Year's Day, Thanksgiving and Veteran's 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. 4 18-7 B-13 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. 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. Alt 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. 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) 5 - B-13 1. 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. �. 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, 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 cosponsored 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, 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 hours 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. B-13 E. Cancellation of rentals by users for the OASIS Event Center, Newport Coast Community Center, Community Youth Center, Civic Center Community Room, 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 hours notice will be charged the entire rental fee. History Adopted 1-5 --11-22-1962 ("Use Priorities and Fees") Amended 1-5 - 3-9--1970 Reaffirmed I-5 - 2-14-1972 Adopted G-4 - 5-13-1974 ("Use of City Facilities") Amended 1-5 - 5-28-1974 Amended I-5 -- 2-13-1978 Amended G-4 & 1-5 -10-10-1978 Amended 1-5 - 2-12-1979 Amended I-5 - 5-14-1979 Amended I-5 - 8-28-1979 Amended I-5 --11-26-1979 Amended G-4 & I-5 - 2-9-1981 Amended I-5 -11-23-1981 Amended 1-5 -10-12--1982 Amended 1-5 -10-25-1982 Amended G-4 & I-5 - 4-23-1984 Amended 1-5 -11-28-1988 Amended 1-5 -11-27-1989 Amended 1-5 - 3-25-1991 Adopted 1-25 - 5-26-1998 ("Public Use of City Facilities", incorporating G-4 & 1-5) Amended 1-25 - 5-8-2001 Amended 1-25 - 4-23-2002 Amended 1-25 - 4-8-2003 Amended 1-25 -- 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 FA 18-10