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HomeMy WebLinkAbout05 - Waiving Council Policies B-8 and B-13 to Permit a Charity Volleyball TournamentQ �EwPpRT c 9C/FOR CITY OF NEWPORT BEACH City Council Staff Report TO: FROM: PREPARED BY: PHONE: TITLE: ABSTRACT: August 22, 2023 Agenda Item No. 5 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Sean Levin, Recreation and Senior Services Director slevin@newportbeachca.gov Justin Schmillen, Recreation and jchmillen@newportbeachca.gov 949-644-3151 Senior Services Deputy Director Resolution No. 2023-47: Waiving Council Policies B-8 and B-13 to Permit a Charity Volleyball Tournament Volleyball Newport Beach Inc. seeks special event permit approval to host a charity volleyball tournament on a public beach. Adoption of Resolution No. 2023-47 would waive Council Policies B-8 and B-13 to permit temporary volleyball courts and allow for alcoholic beverages on a City of Newport Beach (City) beach. 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. 2023-47, 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 a Charity Volleyball Tournament and Allow forAlcoholic Beverages on a City Beach Held by Volleyball Newport Beach Inc. DISCUSSION: Volleyball Newport Beach Inc. is a non-profit with a mission to promote and support youth volleyball. They have requested (Attachment A) to hold a charity volleyball tournament proposed to be held on Saturday October 21, 2023, north of the Newport Pier. If adopted, Resolution No. 2023-47 would waive Council Policies B-8 and B-13 to facilitate this proposed event (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. Wavier 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 Inc. to move forward through the special event permit review process. 5-1 Resolution No. 2023-47: Waiving Council Policies B-8 and B-13 to Permit a Charity Volleyball Tournament August 22, 2023 Page 2 As part of the special event permitting process, Volleyball Newport Beach Inc. is required to submit supplemental materials with the special event permit application for City staff review and approval. An alcohol service plan is required outlining guidelines to 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. 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 has applied to the California Coastal Commission and the event has received an exclusion, which allows the temporary event to move forward in the City process. 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 Council Policies B-8 and B-13 to permit temporary volleyball courts for a charity tournament and allow for alcoholic beverages on a City beach, 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 Volleyball Newport Beach Inc. Attachment B — Resolution No. 2023-47 Attachment C — Council Policy B-8 Attachment D — Council Policy B-13 5-2 ATTACHMENT A VOLLEYBALL NEWPORT BEACH, INC. 1400 Newport Center Drive, Suite 230 Newport Beach, CA 92660 July 12, 2023 DELIVERED VIAELECTRONICMAIL: slevin@newportbeachca.gov Sean Levin, Recreation & Senior Services Director City of Newport Beach 100 Civic Center Drive, Bay I Newport Beach, California 92660 RE: Request for City of Newport Beach Sponsorship & Waiver of Certain City Council Policies to Support Charity Volleyball Tournament Dear Director Levin: First and foremost, we want to thank you, Council Member Joe Stapleton, Deputy Recreation & Senior Services Director Justin Schmillen, and Recreation Supervisor Matthew Dingwall for taking the time to meet with us to discuss our plans for the first annual charity Volleyball Tournament benefitting youth volleyball in our community. As you know, our organization is a non-profit entity that was founded by local residents and business owners to promote and support youth volleyball and provide good wholesome activities for residents and beach visitors. Our charity Volleyball Tournament is scheduled to be held on October 21, 2023 on the beach in front of Blackies and north of the Newport Pier. We estimate the tournament will have a total of 32 AVP volleyball players competing on two courts. The tournament will offer free admission to the general public and all funds raised will be donated to benefit youth volleyball. We will have a small "VIP" area, and we will have food and drinks offered for sale. To facilitate this charity Volleyball Tournament, we understand that we need to request the City of Newport Beach waive the following City Council Policies: (1) City Council Policy B-3 to allow the City of Newport Beach to co-sponsor this worthwhile event; (2) City Council Policy B-8 to allow for a Volleyball Tournament on 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 sponsorship signage on the beach. We also request a waiver of Resolution No. 92- 93 to allow the temporary placement of two volleyball courts on the beach, and a waiver of any other City Council Policies, Resolutions or similar, which may be required to allow this charity Volleyball Tournament to proceed. 5-3 We thank you in advance for your anticipated cooperation with this request. Please let us know if you need any additional information regarding our charity Volleyball Tournament in support of this request. j' tch, Inc. 5-4 ATTACHMENT B RESOLUTION NO. 2023- 47 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 A CHARITY VOLLEYBALL TOURNAMENT AND ALLOW FOR ALCOHOLIC BEVERAGES ON A CITY BEACH HELD BY VOLLEYBALL NEWPORT BEACH INC. WHEREAS, a special event permit application was filed by Volleyball Newport Beach Inc. ("Applicant") for a charity volleyball tournament proposed to be held on Saturday, October 21, 2023, on the beach, north of the Newport Pier ("Charity Volleyball Tournament"); WHEREAS, Resolution No. 83-9 governing volleyball playing areas authorizes temporary playing areas on public beaches subject to approval of a special event permit issued by the Recreation and Senior Services Department; WHEREAS, the Applicant requests a waiver of Council Policy B-8 (Bike, Foot Race and Surf Contest Event) ("Council Policy B-8"), and Section A.1 of Council Policy B-13 (Public Use of City Facilities) ("Council Policy B-13") to facilitate the Charity Volleyball Tournament; WHEREAS, Council Policy B-8 limits special events on the beach to surf, surf - related and sand castle events, therefore waiver of Council Policy B-8 would allow for the Charity Volleyball Tournament to take place; WHEREAS, Section A.1 of Council Policy B-13 (Public Use of Facilities, Section A.1, Regulations and Restrictions -Use of Alcohol) restricts dispensing of alcohol on City property to specific locations, therefore waiver of Section A.1 of Council Policy B-13 is necessary to facilitate the Charity Volleyball Tournament; and WHEREAS, approval of this waiver, in its entirety, would allow the Applicant to move forward with the special event permit review process. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: 5-5 Resolution No. 2023- Page 2 of 3 Section 1: The City Council does hereby waive Council Policy B-8, and Section A.1 of Council Policy B-13 to permit temporary volleyball courts for the Charity Volleyball Tournament and allow for alcoholic beverages on a city beach. As part of the special event permitting process, the Applicant 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, adherence to 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. 2023- 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 22nd day of August, 2023. NOAH BLOM Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S_OFFICE in C. Harp IC-113 WE - Attorney 5-7 ATTACHMENT C 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. 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). 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 competitions 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 competition, 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 competition. Only non-profit groups will be considered. 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. 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 1 5-8 :: 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. 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 0 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 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 5-10 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 5-11 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 5-12 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 5-13 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 5-14 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 5-15 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 5-16