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R11068City Council Meeting: August 8, 2017 Santa Monica, California RESOLUTION NUMBER j/ 0 69- (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REVISING THE SCHEDULE OF FEES FOR COMMERCIAL FITNESS OR ATHLETIC INSTRUCTION, CLASSES OR CAMPS IN ORDER TO IMPLEMENT A WAIVER OF THE ANNUAL USE CHARGE FOR ACTIVITIES TAKING PLACE EXCLUSIVELY AT REED PARK WHEREAS, Santa Monica State Beach and parks located within the City of Santa Monica (the "City") are congested public recreational facilities that are heavily used by residents, workers and visitors; and WHEREAS, to maintain safety and maximize public recreational opportunities, it is necessary for the City to regulate, through a permitting process, commercial fitness or athletic instruction, classes or camps in City parks and on Santa Monica State Beach; WHEREAS, the City's parks vary significantly in size, configuration, amenities, amount of passive open space, and uses; and WHEREAS, because of these, and other, differences, the City's parks vary in their capacity to accommodate use for commercial fitness training; and 1 WHEREAS, establishment of a charge for commercial fitness or athletic instruction, classes or camp's use of City parks and the Santa Monica State Beach is consistent with existing surf instruction for compensation charges as currently authorized by local law; and WHEREAS, on October 8, 2013, the City Council adopted Resolution Number 10779, establishing permit fees and a use charge for commercial fitness or athletic instruction, classes or camps ("Resolution No. 10779"); and WHEREAS, on October 22, 2013, the City Council adopted Ordinance Number 2441 (CCS) ("Ordinance No. 2441") amending Article IV of the Santa Monica Municipal Code related to commercial fitness or athletic instruction, classes or camps in parks and the beach; and WHEREAS, on June 24, 2014, the City Council adopted Resolution Number 10816 (CCS) ("Resolution No. 10816") which incorporated the fees established by Resolution No. 10779 into the City's comprehensive user fee schedule; and WHEREAS the fees adopted by Resolution No. 10779 and incorporated into the City's comprehensive user fee schedule by Resolution No. 10816 are now in full force and effect; and WHEREAS, the City desires to increase activities at the recently -renovated Reed Park in order to maintain a safe, accessible and attractive open space; and 2 WHEREAS, implementing a waiver of the use charge for commercial fitness or athletic instruction, classes or camps operating exclusively at Reed Park would further the City's intent; and WHEREAS, the City Council now desires to revise its fees for commercial fitness or athletic Instruction, classes or camps at City parks and Santa Monica State Beach to provide for a waiver of the use charge for commercial fitness or athletic instruction, classes or camps operating exclusively at Reed Park. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. As set forth in the attached Exhibit U, and notwithstanding any other Resolution or user fee schedule to the contrary, any group operating exclusively in Reed Park and engaging in commercial fitness or athletic instruction,, classes or camps, pursuant to a City issued permit, shall be exempt from the City's use charge. SECTION 2. 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: INN, IN. OS PH bNW`RCN C E term City Attorney Exhibit U Commercial Fitness or Athletic Instruction, Classes or Camps at City Parks and at Santa Monica State Beach KI Exhibit U Commercial Fitness or Athletic Instruction, Classes or Camps at City Parks and at Santa Monica State Beach Fee Permit Fee Effective 7/112017 Commercial Fitness or Athletic Instruction, Classes or Camps Permit $ 111.94 Permit fee if a Request for Proposal process, lottery or other allocation process is required. $ 167.91 Notes: 1. All permits expire December 31 st of each year, regardless of date issued. 2. Permit fees shall be subject to the City's annual administrative revision and increase set forth in this resolution. 3. No more than 15 small and 15 medium or large permits may be issued for Palisades Park. A Request for Proposal process, lottery or other allocation process will be used to issue permits if applications received during the priority registration period exceed availability. 4. These permit fees do not apply to surf instruction for compensation and commercial. groups requiring a Youth Group Beach/Water Activity Permit. Use Charge In addition to a Permit Fee, Permittee shall pay a quarterly flat rate use charge as indicated below. Charges are determined by the number of participants in the group and vary depending upon the park and/or beach location. The following charges are based on a calendar year quarter and are not pro -rated or refundable: General Permit Small group size (not more than 2) $ 450.00 Medium group size (not more than 10) $ 900.00 Large group size (more than 10) $ 11350.00 Palisades Park Permit Small group size (not more than 2) $ 675.00 Medium group size (not more than 10) $ 17350.00 Large group size (more than 10) $ 21025.00 Notes: - - An y group opertin exlusovely in Reed Perk endngging in commercial fitnes;or athletic nstrucfiion, classes or camps, pursuant to City issued permit, sba.11 be exempt from the City's use Charge. Commercial Fitness/Athletic Instruction u-1 Adopted and approved this 8t" day of August, 2017. air rk _Xe m avis I Mayor 1, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11068 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 8t" day of August, 2017, by the following vote: AYES: Councilmembers McKeown, Himmelrich, O'Day, Vazquez, Mayor Pro Tern Davis NOES: None ABSENT: Councilmember O'Connor, Mayor Winterer ATTEST: Denise Anderson -Warren, City Clerk