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R10845City Council Meeting: October 28, 2014 Santa Monica, California RESOLUTION NUMBER 10845 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING PRIVATE AND SEMI - PRIVATE USES AND RENTAL RATES FOR THE SANTA MONICA PIER CAROUSEL and WHEREAS, the Santa Monica Pier (the "Pier ") has been in existence since 1908; WHEREAS, the Pier is a very successful entertainment center with restaurants, arcades, retail establishments, fishing and observation decks, an aquarium, Pacific Park, an amusement park, and a historic carousel (the "Carousel'); and WHEREAS, the Pier has historically attracted large crowds, and the vehicular and pedestrian traffic has increased significantly since the opening of Pacific Park; and WHEREAS, the Pier has special events year round that attract thousands of visitors; and WHEREAS, on July 24, 2001, the City Council of the City of Santa Monica (the "City Council") adopted Resolution Number 9704 (CCS) ('Resolution No. 9704 ") which established three permitted zones for street performers and persons, including vendors, utilizing tables or carts for the purpose of displaying or distributing merchandise, goods, written materials or food on the Pier; and WHEREAS, Resolution No. 9704 designates the area located east of and adjacent to the Carousel as a permitted zone; and WHEREAS, on or about June 28, 2012, the City of Santa Monica (the "City ") and the Santa Monica Pier Corporation (the "Pier Corporation ") entered into an Amended and Restated Services Agreement, Agreement Number 9566 (CCS) (the "Services Agreement') for purposes of governing certain operational and management functions concerning the Pier; and WHEREAS, pursuant to the Services Agreement, the Pier Corporation has agreed to provide services to develop, implement and maintain certain programs and functions in connection with the Santa Monica Pier; and WHEREAS, the City, in order to support the operation and maintenance of the Carousel, permits the Carousel and building to be made available for private and semi- private uses, including special events and filming on a rental basis; and WHEREAS, pursuant to the Services Agreement, the Pier Corporation is responsible for booking, promoting, and scheduling of rentals of the Carousel based on rental rates set by the City; and WHEREAS, on or about August 13, 2002, the City Council adopted Resolution 9789 (CCS) establishing rates for event and filming rental of the Carousel; and WHEREAS, pursuant to Section 2.72.010 of the Santa Monica Municipal Code, the City has the authority to establish and set the amount of fees or charges for the private commercial use of public property; and 2 WHEREAS, the City has the authority to charge market rates for private use of public resources, including the Carousel; and WHEREAS, the City has analyzed the current rental rates and proposes that the rental rates set forth in Resolution 9789 be adjusted to more closely reflect rental rates of comparable venues; and WHEREAS, the City desires to establish certain private and semi - private uses and rental rates for the Carousel. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The Carousel shall be available for private and semi - private uses in accordance with the terms and conditions of this Resolution and the Services Agreement as follows: A. The Carousel shall be available for private events held after regular operating hours; private events held during regular operating hours; semi - private events; and filming. B. The Carousel may be available for private events held during regular operating hours and before 5 p.m. no more than six (6) times per year. Any rental of the Carousel during regular operating hours and before 5 p.m. requires prior consent of the City. Applications for private events held before 5 p.m. during regular operating hours may be denied if there is a conflict with a pre- existing activity. 3 C. The Carousel's East Deck may be available in conjunction with rental of the Carousel for private events held after regular operating hours no more than twenty (20) times per year. Applications for such events may be denied if: 1) there is a conflict with a pre- existing activity; or 2) the Pier's other permitted zones are unavailable due to a conflicting use, including, but not limited to, construction, a community event, or other designated City use. SECTION 2. Effective November 1, 2014, the Santa Monica Pier Carousel Rental Rate Schedule for private and semi - private uses of the Carousel shall be as follows: Private Events Held After Reaular Oneratina Hours # of Guests Rental per Hour *20% Discount * *35% Discount 1 -99 $250 $200 $163 100 -199 $350 $280 $228 200 -299 $400 $320 $260 300 -350 $450 $360 $293 East Deck — Half $65 $52 $42 East Deck — Full $100 $80 $65 Discount given to midweek and off - season parties. ** Discount given to midweek alcohol -free parties hosted by nonprofit groups. Only nonprofit groups with documented tax - exempt status shall be eligible for discount. Private Events Held Durina Reaular Oneratina Hours # of Guests Rental per Hour 1 -99 $600 100 -199 $800 200 -299 $900 300 -350 $1,000 Semi - Private Event # of Guests Rental per Hour * * *25% Discount 1 -99 $75 $56 100 -199 $100 $75 200 -299 $125 $94 * ** Discount given to nonprofit groups and to mid -week parties. only nonproft groups with documented tax - exempt status shall be eligible for discount. 0 Children's Partv Snecials (Semi- Privatel # of Guests Flat Rate three hours Up to 30 $250 $5 per additional person Up to 60 $350 $5 per additional person Up to 90 (expand area $550 Additional half -hour $25 Filmina T e Rental per Hour * * *35% Discount Commercial Film $400 $260 Commercial Stills $300 $195 (In addition to facility rental fee, a film permit is required. Carousel Operators must be hired at additional charge.) * ** *Discount given to nonprofit and student groups. Only nonprofit groups with documented tax - exempt status shall be eligible for discount. SECTION 3. The Pier Corporation may charge additional fees for services above and beyond the facility rental fees, including, but not limited to, table and chair rentals, referral fees, commissions, advertising fees, and sales of merchandise, party favors and memorabilia, as set forth in the Services Agreement. SECTION 4. Resolution 9789 (CCS) is hereby repealed in its entirety. SECTION 5. If there are any conflicts between the provisions of this Resolution and the provisions of any prior Resolution, the provisions of this Resolution shall control. If there are any conflicts between the rental rates set forth in this Resolution and any prior rental rate schedule, the rental rate schedule set forth in this Resolution shall control. 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: MAR A JPOES MOUT IE City Attorn y 5 Adopted and approved this 28th day of October, 2014. O'Connor, Mayor I, Sarah P. Gorman, City Clerk,of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10845 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 28th day of October, 2014, by the following vote: AYES: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer, Mayor O'Connor, Mayor Pro Tern O'Day NOES: Councilmember: None ABSENT: Councilmember: Holbrook ATTEST: Sarah P. Gorman, City Clerk