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R-10383Council Meeting of March 3, 2009 Santa Monica, California RESOLUTION NUMBER i03s3 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE REGULATIONS FOR THE FEES AND CHARGES FOR PARKING, COMMUNITY USE, AND PRIVATE FACILITY RENTALS AT THE ANNENBERG COMMUNITY BEACH HOUSE AT SANTA MONICA STATE BEACH. WHEREAS, the City of Santa Monica is charged with the operation and maintenance of 415 Pacific Coast Highway (Annenberg Community Beach House at Santa Monica State Beach, "Beach House") pursuant to a 2005 Operating Agreement with the State of California, Department of Parks and Recreation; and WHEREAS, pursuant to the Operating Agreement, the City may adopt rules and regulations for the use and enjoyment of the Beach House by the public; and WHEREAS the City may impose fees to cover its costs of providing services and charges to generate revenue; and WHEREAS, the Santa Monica Municipal Code authorizes the City to establish user fees for services and facilities provided to individuals rather than the general public and authorized the amount of such fees to be set by resolution; and WHEREAS, the City also has the authority to charge market rates for private use of public resources, including the Beach House; and WHEREAS, the Re-Use Plan for the Beach House, approved by City Council in 1998, recommended that operating costs be covered through a variety of revenues including fees and charges for parking, community use df facilities, and private rental of facilities; and 1 WHEREAS, the fees established by this Resolution are no more than necessary to recover the costs of the services provided at the Beach House; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. PARKING 1. The rates to be charged for parking at the Beach House (415 and 445 PCH lots) shall be fixed by the City Manager from time to time, but in no event shall exceed ten dollars ($10.00) per day or four dollars ($4.00) per hour. 2. Use of residential parking permits is prohibited unless and until public parking demand is met. 3. Disabled Placards and Senior Beach Parking Passes will be accepted for day use parking at the Beach House. 4. The Beach House parking lots are hereby excluded from Resolution Number 10307 establishing parking rates for beach parking lots in Santa Monica. SECTION 2. COMMUNITY USE FEES: The following fees are established for recreational facilities, services, programs, and classes. These fees may be updated periodically to reflect changes in the Consumer Price Index. 1. Pool Day Pass Adult $10.00 Child (under 18 years of age) $4.00 Senior (age 65 or older) $5.00 Family Pass (2 adults and 2 children) $24.00 2. Beach Volleyball and Tennis Court Reservations Walk-up (first come, first served) ~ Free Reservation $5.00 2 3. Dollar Days - To maximize public access and enjoyment of the pool or other amenities, the Director may authorize from time to time temporarily or seasonally discounted fees. Such discounts shall be made available to the public without preference or bias to any user group. SECTION 3: PROGRAMS AND CLASSES 1. When instruction and other services are provided by a contract instructor, the fees charged for recreation and community programs at the Beach House shall be based on the cost of the contract plus administration and shall be no more than is reasonably necessary to cover the cost of the goods and services provided, plus administration. 2. When provided by the City, fees charged for recreation and community programs shall be determined by the Director of Community and Cultural Services ("Director") and shall be based on the costs incurred in providing the program, plus administration. 3. A registration and/or materials fee may be assessed for programs, classes and services offered at the Beach House. 4. Discounted pricing for Santa Monica residents may be offered for programs and classes. 5. The fees for programs and classes at the Beach House are exempt from Resolution Number 10308 establishing user fees for social service, recreation and community programs, classes and services administered by the Department of Community and Cultural Services and provided at other locations. SECTION 4: FACILITY RENTAL AND USE CHARGES 1. The Director shall establish and update from time to time Facility Rental and Use Charges for private events or commercial filming that are commensurate with current market rates for comparable venues. 3 2. To maximize facility use by the public and revenue return to the City, the Director may fix any given rental rate at his or her discretion provided that such rate is commensurate with market rates for such rentals. 3. Charges for up to 25% of certain classes of private rentals may be reduced by up to 50% for non-profit 501(c)3 organizations. The Director shall establish and update from time to time the eligibility standards for this discount. The standards shall ensure that such discount opportunities are allocated fairly and without bias, shall specify the type of uses permitted, and shall list the facilities available. 4. Charges for certain private rentals may be reduced by up to 50% for governmental agencies. The Director shall establish and update from time to time the standards for this discount. The standards shall ensure that such discount opportunities are allocated fairly and without bias, shall specify the type of uses permitted, and shall list the facilities available. 5. City meetings and events may be booked and accommodated free of charge only when private events and commercial filming are not booked. 6. The Director may establish additional charges for goods and services associated with facility rentals at market rates, including but not limited to: a. Security staffing and services b. Parking attendants and services c. Cleaning and trash removal services d. Event production and management services e. Furniture or equipment rentals 7. In accordance with industry standard practice, the Director may charge to the renter a percentage of gross receipts for all outside vendor contracts for services provided on-site during the facility rental. 8. The Director may require a deposit or other security prior to issuance of a Facility Rental Agreement or Commercial Filming Permit. The policy regarding the amount of deposit and deposit return shall be established by the Director and revised from time to time in accordance with standard industry practices. 4 9. With Council approval, the City Manager may prepare a contract for facility rental management services in accordance with all applicable City, state, and federal laws. Any such contract shall be let. Such Contractor shall adhere to the fees and charges established in this Resolution. Additional fees or charges to cover the cost of services provided by the Contractor may be assessed upon written authorization by the City Manager. SECTION 5: Fees and charges imposed for the use of Beach House facilities and services but not listed in this Resolution shall be determined by the Director. Fees shall be based on the costs incurred in providing the facility or service, and charges shall be based on market conditions. SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: JONES MOUTRIE City 4 5 Adopted and approved this 3rd day of March, 2009. Ken Censer, ayor I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10383 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 3m day of March, 2009, by the following vote: Ayes: Council members: Bloom, Davis, Holbrook, McKeown Mayor Censer, Mayor Pro Tem O'Connor Noes: Council members: None Abstain: Council members: None Absent: Council members: Shriver ATTEST: -~ ~~ ~ ~~ Maria Stewart, City Cle