R114581
City Council Meeting: August 23, 2022 Santa Monica, California
RESOLUTION NUMBER 11458 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA REVISING THE CITY’S MASTER
USER FEE SCHEDULE TO ELIMINATE AND REDUCE QUATERLY
USE CHARGES FOR COMMERCIAL FITNESS OR ATHLETIC
INSTRUCTION, CLASSES OR CAMPS
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; and
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
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
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by local law; and
WHEREAS, Ordinance No. 17554, adopted on July 12, 1994, governs the amount
of user fees or fees for services provided for the benefit of particular individuals rather
than the general public and allows such user fees to be set by ordinance, by resolution
adopted by City Council, or by any other means authorized by law; and
WHEREAS, it is the City’s general policy to charge for the full costs of services
provided by City staff (“City’s Cost Recovery Policy”) when such services benefit
individual users, rather than members of the community as a whole; and
WHEREAS, notwithstanding the City’s Cost Recovery Policy, the City has
discounted certain recreational services and other opportunities to individuals to promote
equity, inclusion, and other community benefits; and
WHEREAS, the City further makes various recreational facilities, fields, courts,
parking lots, swimming pools, rooms, auditoriums, and patios, and other locations
available for recreational activities and events pursuant to City guidelines; and
WHEREAS, it is the City’s policy to establish user charges for those locations so
as to promote use of its limited facilities by this community and by groups working to
promote this community’s welfare; and
WHEREAS, the City maintains a Master User Fee Schedule to allow the public to
more easily gather information about such fees; and
WHEREAS, on October 8, 2013, the City Council adopted Resolution No. 10779,
establishing permit fees and a use charge for commercial fitness or athletic instruction,
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classes or camps in parks ("Resolution No. 10779"); and
WHEREAS, on October 22, 2013, the City Council adopted Ordinance No. 2441
to amend 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 No. 10816,
which incorporated the fees established by Resolution No. 10779 into the City’s Master
User Fee Schedule, as set forth in Exhibit U, Commercial Fitness of Athletic Instruction
Classes or Camps at City Parks and at the Sant Monica Beach; and
WHEREAS, on August 8, 2017, the City Council adopted Resolution No. 11068 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 quarterly use charge for
commercial fitness or athletic instruction, classes or camps operating exclusively in Reed
Park; and
WHEREAS, on June 23, 2020, the City Council adopted Resolution No. 11263,
which, among other things, revised certain permit and user fee charges, including the
annual permit and quarterly use charges for commercial fitness and athletic instruction
permits; and
WHEREAS, on June 8, 2021, the City Council adopted Resolution No. 11339 to,
among other things, waive the quarterly use charges for businesses with commercial
fitness or athletic instruction permits issued pursuant to the Santa Monica Municipal Code
through June 30, 2022, except that such business operating in Palisades Park were
required to pay a reduced quarterly rate; and
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WHEREAS, on May 10, 2022, the City Council adopted Resolution No. 11419, to,
among other things, waive or reduce the quarterly use charges for business with
commercial fitness or athletic instruction permits issued pursuant to the Santa Monica
Municipal Code until September 30, 2022, to stimulate economic recovery; and
WHEREAS, on June 28, 2022, the City Council adopted Resolution No. 11432, to,
among other things, commencing on July 1, 2022, and on July 1 of each fiscal year
thereafter, administratively revise and increase annually certain fees reflected in the 2022
Master User Fee Schedule, including the quarterly use charges for businesses with
commercial fitness or athletic instruction permits, by a factor equal to the net change in
City salaries and benefits costs for that fiscal; and
WHEREAS, the City has an important government interest in maintaining a thriving
business community and protecting the health, safety, and economic welfare of its
citizens and businesses; and
WHEREAS, reducing the quarterly use charge for commercial fitness or athletic
instruction, classes or camps would further the City's intent to increase activities in its
parks and at its beaches in order to maintain a safe, accessible and attractive open space;
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
eliminate the quarterly use fee for General Parks and Beaches and reduce the quarterly
use fee for Palisades Park and Beach Parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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DOES RESOLVE AS FOLLOWS:
SECTION 1. Exhibit U, Commercial Fitness of Athletic Instruction Classes or
Camps at City Parks and at the Santa Monica Beach, attached to the City’s Master User
Fee Schedule that was revised on June 28, 2022 by Resolution No. 11432, is hereby
replaced and superseded by Exhibit U attached to this Resolution, which fee schedule
eliminates the quarterly use fee for General Parks and Beaches and reduces the quarterly
use fee for Palisades Park and Beach Parks.
SECTION 2. All fees established by this Resolution will take effect on October
1, 2022, unless otherwise noted.
SECTION 3. If there are any conflicts between the fees adopted in this Resolution
and fees adopted by any prior resolution or fee schedule, the fees adopted pursuant to
this Resolution shall control. If there are any conflicts between the portions of the fee
schedule set forth in this Resolution and any prior fee schedule, the portion of the fee
schedule attached to this Resolution shall control.
SECTION 4. 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:
_______________________ Douglas Sloan, City Attorney
Exhibit U Commercial Fitness or Athletic Instruction, Classes or Camps
at City Parks and at the Santa Monica Beach at City Parks and
at Santa Monica State Beach
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Exhibit U: Community Services
Commercial Fitness or Athletic Instruction, Classes or
Camps at City Parks and at the Santa Monica Beach
Authorized By Resolution No. (CCS)
Permit Fee
Commercial Fitness or Athletic Instruction, Classes or Camps Permit
Permit fee if a Request for Proposal process, lottery or other allocation
process is required.
Notes:
1. All permits expire December 31st 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.
Quarterly 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 Parks and Beach Quarterly
Use Charge Permit
Small group size (not more than 2)
Medium group size (not more than 10)
Large group size (more than 10)
Palisades Park & Beach Parks
Quarterly Use Charge Permit
Small group size (not more than 2)
Medium group size (not more than 10)
Large group size (more than 10)
Note:
General Parks and Beach includes Airport Park, Clover Park, Douglas Park, Gandara Park, Hotchkiss Park, Marine Park, Memorial Park, Reed Park, Stewart Street Park, Tongva Park, Virginia Avenue Park Palisades Park & Beach Parks includes: Palisades Park, Ocean View Park, Beach Green, Barnard Way Linear Park, Beach Park #1, Crescent Bay Park, and South Beach Park The annual use charge for permittees committing to use Reed Park exclusively for their training
Fee
FY2022-23
125.54
188.32
$ 450.00 0
$ 900.00 0
$ 1,350.00 0
675.00 $450
1,350.00 $900
$ 2,025.00 $1,350.00
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Adopted and approved this 24th day of August 2022.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do
hereby certify that Resolution No. 11458 (CCS) was duly adopted at a meeting of
the Santa Monica City Council held on the 24th day of August 2022, by the following
vote:
AYES: Councilmembers Brock, Davis, De la Torre, Negrete, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: None
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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