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CC RESOLUTION 5424RESOLUTION NO. 5424 A RESOLUTION AUTHORIZING LIMITED PERMITTED ACTIVITIES IN PUBLIC PARKS AND ESTABLISHING A $15.00 HOURLY RENTAL FEE FOR THE ACTIVITES. The City Council of the City of El Segundo does resolve as follows: SECTION 1. Findings. The City Council finds and declares as follows: A. Pursuant to El Segundo Municipal Code ("ESMC") § 10-1-4, the City Council may grant written permission to a person to conduct certain activities in City "public parks," as defined in § 10-1-1 (hereinafter, "Public Parks"). Pursuant to ESMC § 4-1-1 any persons conducting business within the City is required to procure a license from the City. B. The Recreation, Parks, and Library Director ("Director") may issue permits authorizing events to take place in City parks and facilities, pursuant to ESMC § 9-8-4. C. The City seeks to establish a permitting process and fee for persons seeking to conduct private instructional activities, including, without limitation, instructional exercise, fitness, or recreational activities (collectively, the "Activities"). D. The City Council may establish fees for services under various provisions of California law including, without limitation, Business & Professions Code § 16000; Government Code §§ 54344, 65104, 65909.5, 65943, 66013, 66014, 66451.2; and Health & Safety Code §§ 17951, 17980.1, and 19852. E. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated cost, of providing certain municipal services ten days before the public hearing held on June 20, 2023. F. On June 20, 2023, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code §§ 66016 and 66018. G. After careful consideration, including a review of the documentary and testimonial evidence submitted during the public hearing, the City Council finds that the user fees adopted by this Resolution are in the public interest to recover the City's costs for certain municipal services. RESOLUTION NO. 5424 PAGE 1 of 5 SECTION 2. Activity Authorization; Fee Approval; Regulations. A. Pursuant to ESMC § 10-1-4(R), the City Council authorizes any person to conduct Activities in Public Parks, as such terms are defined in the findings above, upon the issuance of a permit for such Activities, by the Director, or designee. B. Subject to paragraph A, above, the City Council approves a $15 hourly fee payable by any person or entity in order to conduct Activities within the City's Public Parks. C. The Director, or designee, is directed to establish policies, procedures, and permit materials as may be necessary to carry out this Resolution's provisions. D. Unless otherwise revised, the fees established by this Resolution will be automatically adjusted on an annual basis at the beginning of each fiscal year based on the most recent reported December average annual percentage of change in the United States Department of Labor, Bureau of Labor Statistics' Los Angeles -Long Beach - Anaheim CPI-U for the calendar year. SECTION 3. Environmental Review. Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA Guidelines, the actions proposed in this Resolution are not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; "CEQA") for the following reasons: (1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); and (2) there is no possibility that the actions may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)). SECTION 4. Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable. SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is directed to attest thereto. SECTION 6. Effective Date. This Resolution will take effect upon adoption and will remain effective unless repealed or superseded. SECTION 7. City Clerk Direction. The City Clerk will certify to the passage and adoption of this Resolution, enter it in the City's book of original Resolutions, and make a record of this action in the meeting's minutes. RESOLUTION NO. 5424 PAGE 2 of 5 PASSED, APPROVED AND ADOPTED this 20t" day of June, 2023, Drew Bo ' es, Mayor ATTEST: Olt I "'i Tracy WeaveY, City Clerk APPROVED AS TO FORM: Mark D. Hensley, City Attorney RESOLUTION NO. 5424 PAGE 3 of 5 CERTIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF EL SEGUNDO I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Resolution No. 5424 was duly passed, approved, and adopted by said City Council at a regular meeting held on the 20th day of June, 2023, approved and signed by the Mayor, and attested to by the City Clerk, by the following vote: AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member Giroux and Council Member Baldino NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of June, 2023. Tr cy Weaver, City Clerk of the City of El Segundo, California RESOLUTION NO. 5424 PAGE 4 of 5 EXHIBIT "A" FEE INFORMATION RESOLUTION NO. 5424 PAGE 5 of 5 El REI-CovalPARKS, & LIBRARY City of El Segundo Recreation, Parks, and Library Department 401 Sheldon Street, El Segundo, CA 90245 Call. 310-524-2700 Contact: Rachel Cummings, Recreation Supervisor Email. rummings@elsegundo.org PRIVATE INSTRUCTION PERMIT PILOT PROGRAM In accordance with El Segundo Municipal Code Title 10, Chapter 1, Section 4, the use of public parks or facilities to provide services requires written approval. The following items must be included for eligibility and application to be considered: o A copy of a valid business license with the City of El Segundo o Proof of Certificate of Insurance o $1 million general liability insurance naming "The City of El Segundo, its officers, agents and employees" as additionally insured, auto insurance, and workers compensation insurance. o Signed Hold Harmless Agreement o Completed Outdoor Private Instruction Permit Application Commercial use of park property requires a permit issued by the City of El Segundo. The permit does not grant exclusive use of space but provides the permit holder a license for the activity in the designated area, for private, one-on-one instruction only. Completion of an application is only a request and does not indicate approval of a permit. Restrictions and Requirements: • Permit applications must be submitted quarterly. Once approved, fees will be collected. No refunds will be given for cancellations for any reason. • Class times are reserved for one hour maximum. • Permit holders can reserve up to 5 hours of space per location, per week, subject to availability. The Recreation Department reserves the right to allocate usage at the staffs discretion. • Permits may not be transferred to any other individual. • No slamming of weights or other equipment is allowed. All participants must remain mindful not to damage the surface of the designated area. Instruction may not block designated walkways and stairways. In the event an activity causes damage to City property, repairs will be the responsibility of the instructor. • Instructors may not attach any equipment to existing fences, benches, other infrastructure, trees, bushes, or other existing landscaping. • Amplified sound, yelling, or use of whistles, horns, or other noise -making equipment is not permitted. • City activities will have priority on City -owned facilities and parks. The City of El Segundo reserves the right to cancel any scheduled private instruction at any time without notice. Private instructors must observe all rules and regulations of all City parks and facilities which are found in Municipal Code Chapter 10. Permitted Locations Recreation Park: Lawn Bowling Green: r Surface: natural grass turf Size: 40' x 120' Recreation Park: Clubhouse "Skate" Circle: • Surface: concrete • Size: approximately 40' x 40' Recreation Park: Batting Cages w Located at Stevenson Field El Segundo Teen Center: Skate Park o Located on Grand Ave o Surface: concrete Library Park o Surface: natural grass turf Days: Times: Price (Plus $100 Refundable Deposit): Monday —Saturday 7:00am-8:00pm $15 per hour for all Permitted Locations (Continued) Clubhouse "Skate" Circle at Recreation Park Concrete Surface Library Park Natural Grass Turf Below are the re uestable da s/times for each location. Subject to availability. Days: Times: Price (Plus $100 Refundable Deposit): Monday —Saturday 7:00am-8:00pm $15 per hour for all EL SEGUNDO RECREATION, PARKS, AND LIBRARY Private INSTRUCTION PERMIT APPLICATION 1. Name of Business or Instructor: 2. Applicant Name: 3. Business mailing address: 4. Business website: 5. Business phone number: 6. Email address: 7. Proposed Use (describe equipment, activities, age of participants, and fees charged to participants): 8. Proposed Day/Time/Location (5 maximum per week): . . ............ First Choice Selections Day of Week Time Location 2 ................... ..... ..... — — ------- . ..... . ...... . . . . . . ................................................... 3 _.......................................... ........................................ . 4 5 L ............................................................................................................... . . .................................. . . . ................................ . . ................. . . . . . . ........................................................................................................... . . ......... . . . . . ............................ . . ........................................................................... . ......................... . ................................. Alternate Day of Week Time Location Selections .................... . . ....................... . .......................................... . ................. . . . ................................. . . . . . . . . . . . ........................................ . . .. . . ................................. . . . . . . . ..... . 2 3