20230418_D1_Festival — Laguna Niguel City Council, April 18, 2023

CITY OF LAGUNA NIGUEL

CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Ron Rivera, Parks and Recreation Director
DATE: April 18, 2023
SUBJECT: Sea Country Festival Carnival Vendor Agreement with "O" Entertainment and Resolution No. 2023-1424, adding the Sea Country Festival Policy to the City Council Policies and Procedures

RECOMMENDATION
Staff recommends that the City Council:

1. Approve the three-year Vendor Agreement with the "O Entertainment" carnival company; and,

2. Adopt Resolution No. 2023-1424, Adopting an Update to the City Council Policies, adding the Sea Country Festival City Council Policy.

BACKGROUND
The City of Laguna Niguel hosts an annual three-day Sea Country Festival that is traditionally held the last weekend in August. The event was last held August 26-28, 2022.

A post event summary report on the 2022 Sea Country Festival event was presented to the City Council during the November 1, 2022, City Council meeting. After discussion, the City Council directed staff to return at a future meeting to present the following:

1. A three-year agreement with the carnival company that includes a cancellation clause.

2. The establishment of a Volunteer Committee led by the Parks and Recreation Department.

Additionally, prior discussion pertaining to the creation of a Sea Country Festival City Council Policy took place, with a request to also return to the City Council for review.

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ANALYSIS
Carnival Company Agreement:

The City Council requested that the Agreement with the Carnival vendor be brought forth to the City Council. To operate the Sea Country Festival, the City contracts with "O Entertainment". The carnival company provides the amusement rides, games, and equipment at no cost to the City. The company collects ticket sales and provides the City with a portion of the proceeds, on a sliding scale. The Agreement with the carnival company (Attachment A), also includes a cancellation clause. The proposed agreement is for a three-year term.

Volunteer Committee:

The City Council requested that staff engage with volunteers in the community and establish a volunteer committee to assist with the Sea Country Festival planning. The volunteer committee outline is included in the Sea Country Festival City Council Policy (Attachment B). Volunteer applications are evaluated by the Parks and Recreation Department and volunteers will be placed/assigned in the following event areas:
• Parking, Streets, and Event Access Points
• Marketing and Sponsorship
• Restaurant Row
• Community Booths
• Community Stage
• Festival Clean Up
• Beer and Wine Garden
Parks and Recreation Department staff held the first volunteer meeting on February 27, 2023. Fifteen (15) people attended the meeting and submitted applications to volunteer on the committee. Staff will hold approximately three more volunteer meetings and will select "lead volunteers" for all of the aforementioned event areas Sea Country Festival City Council Policy:

Staff also developed a Sea Country Festival City Council Policy (Attachment B). The Policy prioritizes participation by Laguna Niguel non-profit organizations, businesses/restaurants, and establishes guidelines for participation, including event sponsorships and community booths. The Policy includes the following event topic areas:
• Purpose
• Event Committee and Volunteers
• Event Sponsorships
• Community Booth Application Process
• Guidelines for Booth Participants
• Restaurant Participation (Restaurant Row)

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• Alcohol Sales (Beer and Wine Garden)
Participant Policy
Open Forum Area
To adopt the Sea Country Festival City Council Policy, adoption of Resolution No. 2023- 1424 is required (Attachment C).

ALTERNATIVES CONSIDERED
The City Council may elect not to approve the Agreement with the carnival company.

However, staff does not recommend this as the event is not possible without a contract in place.

The City Council may elect not to adopt the Sea Country Festival City Council Policy. This alternative is not recommended as it will delay the timely planning of the Sea Country Festival.

FISCAL REVIEW
The tables presented below show estimated expenditures and projected revenue for the 2023 Sea Country Festival. "Net Ticket Sales of $15,000" is based on the approval of the carnival company agreement. The estimated net cost to the city to host a three-day Sea Country Festival event is $70,000.

Expenditure Category 2023 Estimated Expenditures
Entertainment
(Bands, DJs, Entertainers) $17,000
rofessional Service.
$38,000
Police Services, Public Works
Marketing/Promotion $5,000
Rentals $39,000
Supplies $3,000
Staffing Costs $7,000
TOTAL EXPENDITURES $109,000
Revenue Category 2023 Estimated Revenue
Sponsorships $19,000
Booth Spaces $5,000
Net Ticket Sales $15,000
TOTAL REVENUE $39,000

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Three-Day Event Net Total Cost:
2023 Estimated Expenditures Total $109,000
2023 Estimated Revenue Total $39,000
ESTIMATED NET COST $70,000

LEGAL REVIEW
The City Attorney's Office has reviewed and approved the three-year agreement with the "O Entertainment" carnival company, and the Sea Country Festival City Council Policy.

CONCLUSION
Staff recommends that the City Council:

1. Approve the three-year Vendor Agreement with the "O Entertainment" carnival company; and,

2. Adopt Resolution No. 2023-1424, Adopting an Update to the City Council Policies, adding the Sea Country Festival City Council Policy.

Janard SAptonsean Rates Slate
Tamara S. Letourneau Nicholas Ghirelli
City Manager Interim City Attorney
Arithe Hamor
Ron River Jonathon Harmon
Parks and Recreation Director Recreation Manager
Attachment:

A. "O Entertainment" Carnival Company Agreement
B Sea Country Festival City Council Policy
C. Resolution No. 2023-1424

ATTACHMENT A
"O Entertainment" Carnival Company Agreement

AGREEMENT FOR CARNIVAL SERVICES
THIS AGREEMENT FOR CARNIVAL SERVICES (Agreement") is made and entered into the _ day of April, 2023 ("Effective Date"), by and between the City of Laguna Niguel, a municipal corporation ("City"), and O Entertainment, a _("Operator").

RECITALS:

The City is planning a carnival as part of the Sea Country Festival and in connection therewith, requires the services of a qualified carnival services provider. (ii) On or about _, the Operator submitted a proposal to the City to render the required services.
(iii) The Operator represents that it has the experience, expertise, and qualifications to provide the required carnival services.
(iv) It is the intent of the parties hereto to set forth in this Agreement terms and conditions governing each party's obligations with respect to the carnival services to be provided by Operator.

AGREEMENT:

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows:

1. Services to be Performed by Operator. Operator agrees to provide the carnival services that is necessary as part of the City's Sea Country Festival ("Carnival"), all as required herein and as more specifically described in Operator's proposal attached hereto as Exhibit "A" Scope of Services (collectively, "Services".) Nothing in Exhibit A shall be deemed to vary or supersede any term or condition of this Agreement.

2. Additional or Different Services. Any proposed changes in the Services which are the subject of this Agreement shall be made only by written amendment to this Agreement.

3. Term and Termination. This Agreement shall become commence on the Effective Date and shall continue for a term of three years terminating on April _ 2026.

City shall have the right to terminate this Agreement, with or without cause, by providing not less than ten (10) days' prior written notice to the Operator that the Agreement is terminated. In the event of natural or man-made conditions, including weather, security conditions, or the COVID-19 pandemic, City may terminate this Agreement by providing not less than twelve (12) hours' prior written notice to the Operator that the Agreement is terminated, and City shall pay Operator its out of pocket expenses reasonably incurred in reliance hereon, up to a maximum of $3,000.00. Unless terminated as provided herein, this Agreement shall continue in effect for the period set forth in this 1 Section 3. If at least ten (10) days' prior, written notice is provided, then Operator shall not be entitled to any compensation. Operator may terminate only for cause, following City's failure to cure a material breach of this Agreement within not less than ten (10) days following receipt of notice of default and demand to cure.

4. Payment for Services. In consideration of providing the Services, Operator shall retain eighty-five percent (85%) of the gross receipts for sales up to $100,000.00 OR eighty-two point five percent (82.5%) of the gross receipts for sales of $100,000.00 to $150,000.00 OR eighty percent (80%) of the gross receipts for sales of $150,000.00 and over. "Gross Receipts" shall mean and refer to the total of all revenues directly and/or indirectly received by Operator for each day and/or partial day of Operator's operation of the Carnival and provision of the Services including, but not limited to, admission charges for all Carnival rides, sponsorship fees, sales of food and all other goods and merchandise from Carnival booths, and admission charges received from all Carnival sideshows.

City shall be entitled to receive not less than fifteen percent (15%) of the Gross Receipts.

Furthermore, Operator shall provide City with discounted presale tickets as follows:

Presale Ride Wristbands at $35.00, to be delivered to the city for count in 30 days before the first day of the event. Additionally, 100 complimentary wristbands for invited guests to be delivered 2 weeks before the first day of the event.

Within Forty-Eight (48) hours of the close of the Carnival, Operator shall provide City with a complete, written accounting of all revenues directly and/or indirectly received from the operation of the Carnival, together with City's share of the Gross Receipts. Operator shall maintain records of all revenues received from the operation of the Carnival for not less than four (4) years following expiration or termination of this Agreement. Operator shall make all such records available for review by the City upon not less than five (5) business days' prior written notice.

5. Compliance With All Laws and Regulations. At all times while providing the Services, Operator shall comply with any and all applicable local, State and federal laws, statutes, and regulations including, but not limited to, all Cal-OSHA safety regulations, and all safety regulations of any and all other agencies having jurisdiction over the Services. Operator shall immediately disclose to City the receipt of any orders, citations, or other notifications from any governmental agency ("Official Notifications") concerning the Operator or the Services, received on or after the Effective Date and up to and including the date this Agreement expires or is sooner terminated.

Operator shall have a continuing duty to disclose its receipt of any Official Notification concerning the Services, received during the twelve (12) months following Operator's completion of the Services. The provisions of this Section shall survive the termination and/or expiration of this Agreement.

6. Time is of the Essence. Time is of the essence in every term of this Agreement in which time to perform is a factor.

7. Licenses; Standard of Care. Operator represents and agrees that all personnel engaged by 2 Operator in performing the Services are and shall be fully qualified and are authorized or permitted under State and local law to perform such services. Operator represents and warrants to City that it has all licenses, permits, qualifications, and approvals required of its profession to provide the Services and work required to be performed by this Agreement. Operator further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

8. Non-Assignability. Neither this Agreement nor any rights, title, interest, duties or obligations under this Agreement may be assigned, transferred, conveyed or otherwise disposed of by Operator without the prior written consent of City.

9. Subcontracting Subject to Approval. Operator may not subcontract any portion of the work required by this Agreement without City's prior, written consent.

10. Independent Operator. Operator is and shall at all time remain as to City a wholly independent contractor. Neither the City nor any of its officers, employees, or agents, shall have control over the conduct of the Operator or any of the Operator's officers, employees, or agents, Operator shall not at any time or in any manner represent that it or any of its officers, employees, or agents, are officers, employees, or agents, of the City. Except as specified in writing by City, Operator shall have no authority, expressed or implied, to act on behalf of City, and Operator shall have no authority, expressed or implied, to incur any obligation or liability against the City.

Operator shall be responsible for and pay all taxes and other payments for Operator and its employees for Federal and State income taxes, including withholding of taxes, Social Security, worker's compensation insurance, State disability insurance, unemployment insurance, and all other similar items.

11. Use of City Logo or Seal. Operator shall not utilize any City logo or the City seal for any purpose including promotion or publicizing of the Carnival without City's prior, written

12. Conflicts of Interest. Operator represents that it is not currently engaged in and has not contracted to perform work on the behalf of any party or parties whose interests are or would reasonably appear to be adverse to those of City. In the event that Operator should discover that it has represented, is representing or is being requested to perform work for a party or parties with interests adverse to those of City, Operator shall immediately notify City in writing of such situation. Said notification requirement shall apply to all work performed by Operator for another party or parties, with interests adverse to those of City, on a subcontract as well as on a contract or other basis. Further, the Operator or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Operator shall comply with all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City.
3 Operator agrees not to provide services within the City boundaries for any other public or private entities during the term of this Agreement without prior written approval from City.

13. Indemnification. To the fullest extent permitted by law, Operator shall indemnity, protect, defend and hold harmless City and its City Council members, officers, employees, volunteers, agents, and representatives from and against any and all suits, claims, actions, liability, damages, losses, costs and expenses, including attorneys fees and costs, which arise out of, pertain to, or relate to the acts, errors, omissions, or willful misconduct of the Operator, its employees, subcontractors, agents, or anyone acting on behalf of the Operator in performing the services required by this Agreement. This provision shall survive the termination and/or expiration of this Agreement.

14. Insurance.
a. Without limiting Operator's indemnification of City as described in aragraph 13, Operator shall, prior to the commencement of providing th ervices, obtain, provide and maintain, at its own expense, during the tern of this Agreement, a policy or policies of insurance from insurance carriers admitted to do business in the State of California, satisfactory to City, which contain the coverage described below. This insurance shall be primary to any insurance maintained by City and City insurance shall not contribute to Operator's required coverage.
(1) Worker's Compensation Insurance as required by the laws of the State of California providing coverage for any and all employees of Operator.
(2) Comprehensive General Liability Insurance for claims for bodily injury, death or property damage which may arise from the performance of Operator's Services under this Agreement. Such insurance shall be in an amount of at least $1 million per occurrence and $2 million in the aggregate.
(3) Automobile Liability Insurance covering bodily injury and property damage for all activities of the Operator arising out of in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1 million combined single limit for each accident. (4) The CGL and auto liability policies shall name the City and its City Council members, officers, employees, volunteers, agents, and representatives as additional insureds. All policies shall be endorsed to waive the right of subrogation.
(5) Certificates of Insurance and original endorsements shall be provided 4 by the Operator's insurance company as evidence of the above- indicated policies.
(6) Said Certificates of Insurance shall provide that thirty (30) days written notice of cancellation shall be given to the City in the event of cancellation and/or reduction in coverage of any nature. b.
operator or at al turash opal centrates and end as insured for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein.

This provision shall survive the termination and/or expiration of this Agreement.

15. Nondiscrimination by Operator. Operator represents and agrees that Operator, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

16. Notices. Any notices to be given hereunder by either party to the other in writing may be effected either by personal delivery or by mail. Mailed notices shall be addressed to the address of the parties to be notified which appears below, but each party may change its address by written notice given in accordance with this paragraph. Notices delivered personally will be deemed communicated as of actual receipt. Mailed notices will be deemed communicated and received as of five (5) calendar days following the date of mailing of the notice.

CITY: City of Laguna Niguel
Attn: Parks and Recreation Director
30111 Crown Valley Parkway
Laguna Niguel, California 92677
OPERATOR: O Entertainment

17. Entire Agreement. This Agreement, together with the Exhibit, supersedes any and all agreements, either oral or written, between the parties hereto with respect to the Services, and contains all of the covenants and agreements between the parties with respect to the rendering of the Services. Each party to this Agreement acknowledges that no representation, inducement, promise. or agreement, oral or otherwise, not set forth herein, shall be valid or binding. Any modification or 5 amendment of this Agreement will be effective only if it is in writing and signed by both parties to this Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and any Exhibit hereto, the provisions of this Agreement shall govern.

18. Exhibit(s). The Exhibit referenced in this Agreement is attached hereto and incorporated herein by this reference as though set forth in full in the Agreement.

19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of California. Any legal action in which enforcement of the terms and conditions of this Agreement is requested, or in which it is alleged that a breach of this Agreement has taken place, shall be filed and prosecuted in the County of Orange, California.

20. Attorney Fees. If any legal proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney's fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

21. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

22. Successors and Assigns. The terms and conditions of this Agreement shall be binding on the successors and assigns of the parties to this Agreement.

23. Authority to Sign. The person [or persons] executing this Agreement on behalf of the Operator warrants and represents that he [she/they] has [have] the authority to execute this Agreement on behalf of the Operator and has [have] the authority to bind the Operator to the performance of the obligations hereunder.

I|/
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
"CITY"

CITY OF LAGUNA NIGUEL
By: _
Print Name:

ATTEST:

Marissa Asistin,
City Clerk

APPROVED AS TO FORM
Nicholas Ghirelli,
Interim City Attorney
"OPERATOR"
O Entertainment
By: _
Print Name: _
Title:

By: _
Print Name:

Title:
[Note: If corporation, two corporate signatures required] 7 EXHIBIT A

SCOPE OF SERVICES
earlened

EXHIBIT A
EQUIPMENT TRAILERS LOAD/LIVING QUARTERS: AUGUST 22, 2023 STREET CLOSURES: THURSDAY AUGUST 17 AT 8:00 AM THROUGHT TUESDAY AUGUST 29 AT 12 NOON
HOURS OF OPERATION:
2023
FRIDAY, AUGUST 25, 5PM TO 10PM
SATURDAY, AUGUST 26, 2PM TO 10PM
SUNDAY, AUGUST 27, 12PMTO 8PM
2024
FRIDAY AUGUST 23, 5PM TO 10PM
SATURDAY, AUGUST 24, 2PM to 10PM
SUNDAY, AUGUST 25, 12PM TO 8PM
2025
FRIDAY, AUGUST 22, 5PM TO 10PM
SATURDAY, AUGUST 23, 2PM TO 10PM
SUNDAY, AUGUST 24, 12PM TO 8PM
PAYMENT TO CITY: $1.00 TO $100,000 IS 15% CARNIVAL RIDE GROSS $100,000 TO 150,000 IS 17.5% ON CARNIVAL RIDE GROSS
$150,000 AND OVER IS 20% OF CARNIVAL RIDE GROSS
PRE-SALE: RIDE WRISTBANDS $35
PRE-SALE WRISTBANDS TO BE DELIVERED TO THE CITY FOR COUNT IN 30 DAYS PRIOR TO EVENT PRE-SALE WRISTBANDS GO ON SALE AUGUST 1
100 COMP WRISTBANDS FOR INVITED GUESTS TO BE DELIVERED TWO WEEKS BEFORE EVENT (THIS

INCLUDES VIPS AND INFLUENCERS)
3553 Atlantic Avenue, Suite 1128 • Long Beach, CA 90807 • (562) 495-5959 • Fax (562) 495-5961 Email: [email protected] www.oentertainment.net
ONSITE: WRISTBANDS @ $40.00
40 TICKETS @ $30.00 (SHEET)
1 TICKET @$1.00

EACH RIDE REQUIRES MULTIPLE TICKETS
GAMES FLAT RATE PER GAME: $150 (FLAT RATE FOR THE WHOLE WEEKEND) FLOSS / CANDY WAGON $225.00 (FLAT RATE FOR THE WHOLE WEEKEND) Date:

O ENTERTAINMENT
Operator Signature: Print Name: Troy Hassett, Vice President NAME
Lessor Signature: Print Name:
3553 Atlantic Avenue, Suite 1128 • Long Beach, CA 90807 • (562) 495-5959 • Fax (562) 495-5961 Email: [email protected] www.oentertainment.net

ATTACHMENT B
Sea Country Festival City Council Policy

SEA COUNTRY COUNCIL POLICY
Adopted: 4/19/2023

FESTIVAL POLICY
The City of Laguna Niguel hosts an annual three-day Sea Country Festival that is traditionally restaurants, businesses and non-profit organizations may apply to participate in this event.

A. Purpose
The purpose of the Sea Country Festival Policy ("Policy") is to establish standards for participation in the Festival including but not limited to the procedures and rules for event sponsorships, community booths and vendor and restaurant participation. These standards and rules are intended to preserve the non-public forum status of the Festival. Nothing in this Policy is intended to convert this City event into a public forum for general speech and/or public expression, except as provided or required by law.

B. Event Committee and Volunteers
An event committee and volunteer team will be formed by the Director of Parks and Recreation each year to assist with planning the Festival and providing volunteer help the day of the event. Applications will be accepted by those interested in serving among the following areas of need:

1. Parking, Streets, and Event Access Points

2. Marketing/Sponsorship

3. Restaurant Row

4. Community Booths

5. Community Stage

6. Festival Clean Up

7. Beer and Wine Garden
The Director of Parks and Recreation will be the Committee Chair, the Recreation Manager and Administrative Secretary will be committee members. Further, the lead volunteers from each areas listed above will be members of the committee. Other committee members will assist staff as needed as directed by the Director of Parks and Recreation.

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C. Event Sponsorships
The City of Laguna Niguel invites individuals and businesses to sponsor the Sea Country Festival. Multiple levels of sponsorship are available and come with the opportunity (not guaranteed) of having a booth in the Community Booth area. Sponsorship Levels are as follows:
• Main Stage Sponsor
• Community Stage Sponsor
• Festival Sponsor
• Event Sponsor
• Supporting Sponsor
• Festival Friend
A completed application is required for sponsorship, and all applications will be reviewed by the Parks and Recreation Department.

By committing to be a sponsor at the Festival, the sponsor must consent to the City's use of the sponsor's logo in Festival marketing materials and in photos taken at the Festival.

The City shall not accept a sponsorship application from any entity or individual engaged in any of the following activities:
• Manufacturing, distribution, and wholesaling of cigarettes, tobacco products, cannabis, illegal drugs, and vapor products.
• Manufacturing, distribution, selling and wholesaling of firearms or advocacy related to firearms.
• Entities that advocate or endorse any political candidate or ballot measures. • Entities associated with, sponsored by or serving any political candidate or ballot measure, or any political party or organization that discusses, debates, advocates or promotes any political issue, political candidates or ballot measures.
• Any candidate or any business where a majority of the business is owned by a candidate (whether in the candidates legal name, corporation or such other legal entity) in any local, state or federal election.
• Entities or individual businesses whose revenue is solely or substantially derived from the sale of adult oriented or explicit materials.
• Language or descriptive material which taken in form and context is deemed to be contrary to community standards, including, but not limited to hate speech, false/misleading content, violence, or materials sexual in nature. • Advocacy, endorsement or promotion of religious faiths, beliefs, organizations or tenants.

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The City reserves the right to terminate any sponsorship at any time if, in the City's sole discretion, continuation of the sponsorship is not in the best interest of the City or violates this Policy.

D. Community Booth Application Process
Community Booth applications will be available for submittal on a staggered basis, based on the priority status described herein. Laguna Niguel Non-Profits and Businesses will receive the highest priority for application submittal. Due to space limitations, community booth applications will be reviewed and approved based on availability, type of booth, and activity offered to enhance Festival interest, increase the variety of activities held at the event and in an effort to avoid duplication of items. If space permits, the City may accept applications from other groups on a staggered basis and priority will be date-based. The Parks and Recreation Department reserves the right to accept/deny any/all applications.

Non-Profit Booth: Defined as an organization that is a recognized tax exempt 501c entity under the Internal Revenue Code. Laguna Niguel based non-profits will receive priority over non-Laguna Niguel based non-profits.

Commercial Booth: Defined as a business that would like to establish leads, or sell goods or services to festival attendees. Laguna Niguel based businesses will receive priority over non-Laguna Niguel based businesses.

E. Rules for Booth Participants
The City of Laguna Niguel's Sea Country Festival is a family-focused, fun event for all ages.

In order to promote a safe atmosphere, all Booth Participants are required to comply with the following rules:
• Participants must stay within their assigned booth space. • Participants must operate their booth for the entirety of the Festival's scheduled operating hours.
• The Booth applicant shall not assign, sublet or apportion the whole or any part of the space assigned to it. Nor is it permissible to display, promote, or distribute products or literature for any company, entity, organization or individual other than the one listed on the application.
• Participants shall conduct themselves in a safe and courteous manner and shall not use any language or engage in any behavior that is contrary to the community standards for the operation of a community family-oriented event. Participants are to be kind and respectful to other vendors, attendees, and City Staff. • Participants may raise funds for their organization through sales of merchandise and/or "pre-packaged" food sales. Participants must apply and comply with the Orange County Environmental Health Agency's regulations. • Participants may charge a reasonable fee for their game, craft, and/or merchandise to raise funds.
• Participants will be responsible for providing and coordinating their own:
(1) staff/volunteers;
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(2) delivery and pick-up of supplies;
(3) transporting their own supplies via Load-In/Load-Out locations; (4) manage booth coverage; manage/protect their cash sales; (5) set-up and take down of booth activities;
(6) clean-up trash; and
(7) storing, locking, and protecting equipment, supplies, prizes, snacks, etc.

Participants in violation of these rules will be asked to leave the event with NO refunds granted.

F. Restaurant Participation (Restaurant Row)
The City of Laguna Niguel prioritizes the participation of Laguna Niguel Restaurant/Food Businesses at the Sea Country Festival. Spaces are limited therefore applications are accepted on a first-come, first-serve basis and must be approved by the Director or Director's designee.

All prepackaged and open food booths must obtain an Orange County Health Permit from the Orange County Environmental Health Agency and pay the appropriate health services fees at least two (2) weeks prior to the Festival.

In the event that a food vendor is still needed 60 days prior to the Festival, the committee reserves the right to contact and invite outside vendors.

G. Alcohol Sales (Beer and Wine Garden)
The Beer and Wine Garden, which is the only mechanism to conduct alcohol sales at the Sea Country Festival, is operated by the Laguna Niguel Chamber of Commerce. Businesses and vendors interested should contact the Laguna Niguel Chamber of Commerce directly.

In the event that the Laguna Niguel Chamber of Commerce is unavailable to operate the Beer and Wine Garden area, the City will engage another non-profit to operate the Beer and Wine Garden.

H. Open Forum Area
The Festival will contain a designated area known as the "Open Forum Area" ("Area") to be used by any person and/or organization desiring to exercise their constitutional rights of speech and assembly. Notwithstanding, participants in the Area may not engage in unprotected speech under the United States Constitution (i.e. fighting words, obscenity, true threats, speech that advocates for or incite lawless action, speech that advertises for illegal conduct or products, etc.).

The location of this Area shall be designated by the Director. The Area shall provide reasonable access to patrons of the Festival, taking into consideration the public safety of the patrons as well as the safety of those individuals engaged in such activity and such Area shall interfere to the minimal extent possible with the free flow and passage of patrons. The area shall be clearly marked with signage that states that the views expressed by those utilizing the Open Forum Area are not the views of the City of Laguna Niguel, its officials, and/or staff. The SEA COUNTRY FESTIVAL POLICY 4 OF 5 COUNCIL POLICY
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Director retains the right to set reasonable time, place and manner restrictions within the Open Forum Area.

Other Regulations
Except as otherwise allowed for in a Booth or Open Area Forum, no person, entity or organization can circulate within the Festival any written material, including but not limited to, brochures, pamphlets, petitions, photos, advertisements, initiatives, flyers and handbills.

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ATTACHMENT C
Resolution No. 2023-1424
RESOLUTION NO. 2023-1424

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF LAGUNA NIGUEL, CALIFORNIA,

ADOPTING AN UPDATE TO CITY COUNCIL POLICIES AND PROCEDURES,

ADDDING THE SEA COUNTRY FESTIVAL POLICY
WHEREAS, the City of Laguna Niguel first adopted City Council Policies and Procedures on November 12, 1994; and
WHEREAS, the Laguna Niguel City Council Policies and Procedures have been established by the City Council, City Manager, and Department Directors to promote organizational efficiencies and consistency in the delivery of City programs and services; WHEREAS, these policies and procedures cover a broad range of topics from those established by the City Council, to general administration, to specific department operations; and
WHEREAS, on occasion, new policies and procedures may be established, and existing policies and procedures may be amended to reflect the most current goals and business practices of the organization; and
WHEREAS, the Laguna Niguel City Council desires to amend the "Parks and Recreation" section of the "City Council Policies and Procedures" by adding the "Sea Country Festival Policy"; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Laguna Niguel:

Section 1. The City Council desires to create a Sea Country Festival Policy to establish standards for participation in the Sea Country Festival including, but not limited stabi san and to procedures and rules for event sponsorships, community booths and vendor and restaurant participation. The standards and rules are intended to preserve the non-public forum status of the Sea Country Festival.

Section 2. The City Council hereby adopts the "Sea Country Festival Policy" attached hereto as Attachment A to this Resolution. The policies and procedures contained therein will supersede and control over any prior City adopted policies on the same subject.

PASSED, APPROVED AND ADOPTED this 18th day of April, 2023.

Kelly Jennings, Mayor
ATTEST:

Marissa J. Asistin, City Clerk

ATTACHMENT A

SEA COUNTRY FESTIVAL POLICY

COUNCIL POLICY

SEA COUNTRY
Adopted: 4/19/2023

FESTIVAL POLICY
The City of Laguna Niguel hosts an annual three-day Sea Country Festival that is traditionally held the last weekend in August. An estimated 15,000 people attend the event each year ("Festival"). The Festival is a family-oriented community event that includes a variety of entertainment, games, carnival rides, food, booths, and a beer & wine garden. Laguna Niguel restaurants, businesses and non-profit organizations may apply to participate in this event A. Purpose
The purpose of the Sea Country Festival Policy ("Policy") is to establish standards for participation in the Festival including but not limited to the procedures and rules for event sponsorships, community booths and vendor and restaurant participation. These standards and rules are intended to preserve the non-public forum status of the Festival. Nothing in this Policy is intended to convert this City event into a public forum for general speech and/or public expression, except as provided or required by law.