HomeMy WebLinkAbout14 - Balboa Chamber of Commerce Request to Waive City Council Policy B-13 for Newport Beach Polo MatchQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
April 25, 2023
Agenda Item No. 14
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,
jchmillen@newportbeachca.gov
PHONE: 949-644-3160
TITLE: Balboa Chamber of Commerce Request to Waive City Council
Policy B-13 for Newport Beach Polo Match
/_1 16"t I:7_T91 6
The Balboa Chamber of Commerce is seeking a waiver of City Council Policy B-13 which,
if granted, would allow alcoholic beverages to be served at Peninsula Park for the
Newport Beach Polo Match (Attachment A).
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) Recommend approval to waive City Council Policy B-13, Public Use of City Facilities,
Section A.1, Regulations and Restrictions — Use of Alcohol, to allow for Newport
Beach Polo Match to be conducted at Peninsula Park. Event approval would be
contingent upon Special Event Permit approval.
DISCUSSION:
The Balboa Chamber of Commerce (Balboa Chamber) is currently in the permitting
process for a polo match to be held at Peninsula Park on Saturday, May 13, 2023. It is
seeking a waiver of City Council Policy B-13 which, if granted, would allow alcoholic
beverages to be permitted at the event.
Approval of this waiver would allow the Balboa Chamber to move forward with planning
for alcohol sales as part of the event with a portion of the proceeds being donated to local
nonprofits. The special event permitting process requires an alcohol service plan,
outlining guidelines that include limiting 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.
14-1
Balboa Chamber of Commerce Request to Waive
City Council Policy B-13 for Newport Beach Polo Match
April 25, 2023
Page 2
FISCAL IMPACT:
There is no fiscal impact related to this item. The Balboa Chamber of Commerce will be
responsible for any incurred costs to repair the park due to event impacts.
ENVIRONMENTAL REVIEW:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to
Sections 15301 (Class 1- Existing Facilities) and 15304 (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 1 exemption includes the operation, permitting, and licensing of existing facilities
including negligible or no expansion of the existing use. 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 to allow
alcoholic beverages to be permitted at the existing Peninsula Park for the Newport Beach
Polo Match, a once -a -year, one -day event, and thus qualifies for both the Class 1 and
Class 4 exemptions.
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.
NOTIMNC;-
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 Balboa Chamber of Commerce
Attachment B — City Council Policy B-13
14-2
ATTACHMENT A
Dear Sean,
We are elated to have the opportunity to bring back our thrilling and festive polo match to Peninsula Park on Balboa
Peninsula after an incredibly successful premiere in 2016. We are immensely grateful for the attention and support the
Council and Staff of the City of Newport Beach has given us as we prepare to delight the residents of Newport with this
beautiful and timeless sport while boosting our Balboa Peninsula local economy.
The Balboa Chamber of Commerce was established by distinguished residents and local businesses out of unified interest
to elevate Balboa. The unwavering mission of the Chamber is to promote economic opportunities, preserving the integrity
of residents' quality of life and celebrating Balboa's affluent history. With the city's support, we feel a Polo game 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 vendors to sell their
wares. 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 Champagne toast to the players, the artistic expression of fashionable hats, the social camaraderie of cheering on one's
team and the enjoyment of sparkling wine, champagne, and the like.
We are proud to say that in 2016 we had no issues arising from enjoying this popular sport in the classic fashion and look
forward to throwing a distinctly fabulous event that delights our Newport Beach residents, quells the intense demand we
have been fielding since 2016 for more, and emblazoning a future of bringing Polo to Newport Beach in a more consistent
way.
We are 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 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 line item.
With Warm Appreciation,
Michael Farah, Presides '
(949) 244-5302 511 E. BALBOA BLVD. NEWPORT BEACH, CA 92661
14-3
ATTACHMENT B 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 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
14-4
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.
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
14-5
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.
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 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
14-6
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.
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.
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 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.
0
14-7
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. 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.
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
14-8
B-13
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, 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,
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.
2
14-9
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 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 & 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 & 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 & 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", incorporating G-4 & 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
7
14-10